Barnes Law FirmFindLaw IM Template2024-03-19T13:59:49Zhttps://www.law4321.com/feed/atom/WordPress/wp-content/uploads/sites/1303490/2022/04/cropped-Barnes-512x512-1-32x32.pngOn Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2551202024-03-19T13:59:49Z2024-03-19T13:59:49ZAnimal owners are liable in most cases
Every state in the country technically has its own statutes about personal injury and liability. Missouri is one of the states with a strict liability statute. Dog owners are liable for the costs generated when their pets attack humans or livestock. Many animal owners help mitigate that liability by carrying homeowner's insurance or renter's insurance coverage. The person attacked by the animal or the parent of a child injured by a dog may need to file a personal injury lawsuit to obtain insurance compensation.
What types of compensation are available?
There are certain types of reimbursement that people may receive after getting hurt by an animal. Coverage for medical expenses is available. People can seek compensation for bills already accrued and also reimbursement for likely future medical expenses as well, including rehabilitation costs.
Dog bite incidents can also cause property damage losses. People can break phones and other personal property when a dog suddenly attacks. The incident could also damage or destroy clothing, which could potentially be valuable. If treatment or the injuries leave someone unable to work, they might be able to recover their lost wages. Missouri law even permits claims for pain and suffering in some cases where a dog bite attack causes severe injuries that affect someone's quality of life.
Those involved in a dog bite incident sometimes feel guilty about taking action. However, holding an animal's owner accountable is a reasonable response to an incident caused by an aggressive pet. Understanding the general rules for dog bite injury claims in Missouri may benefit those attacked by an animal. People who know their rights may find it easier to hold a negligent animal owner responsible for the impacts that an attack causes.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2551192024-01-24T01:41:19Z2024-01-24T01:41:19ZInsurance can help cover certain losses
Generally speaking, most Missouri motorists must carry proper liability insurance to legally drive. That policy helps cover the costs of other parties after a crash occurs. Car insurance coverage can pay for vehicle repair and replacement expenses. If a car requires repair, of the owner might also be able to request compensation for its future diminished resale value. Insurance can also help cover expenses related to injuries.
Car insurance can also pay for medical care and lost wages associated with the injuries generated in a wreck. Unfortunately, car insurance claims are subject to strict policy limits. The people involved in the crash may have expenses that go beyond what insurance may pay.
Lawsuits are also sometimes possible
When someone suffers catastrophic injuries in a wreck or when a crash leads to someone dying, the available liability coverage may not be enough to cover all of the expenses generated by the collision. In a personal injury or wrongful death lawsuit, those affected by Missouri car crashes can request financial reimbursement for losses ranging from someone's future earning potential to the financial value of the services they provide around the home, such as yard maintenance or child care.
Oftentimes, those filing a crash-related lawsuit take legal action against the driver who caused the crash. However, there are sometimes third parties that could be liable for a crash. If the person who caused the wreck was an employee who was on the clock, their employer may have vicarious liability for the incident.
If the crash occurred because of defective vehicle components, a manufacturer or other business may have liability for a crash. There might even be third parties with partial liability for a wreck if the driver was drunk and recently drank at a licensed bar or restaurant.
The parties coping with the negative consequences of a car crash often need to look at the situation carefully to establish who might be liable and to calculate the total financial impact of the collision. When insurance isn't enough to cover the economic losses triggered by a Missouri car wreck, then it may be necessary to take the matter to court.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2551032023-11-16T01:26:41Z2023-11-16T01:26:41ZBad faith insurance refers to a situation where an insurance company acts dishonestly or unfairly toward its policyholders when handling a claim.
What is a bad faith insurance practice?
Examples of bad faith insurance practices may include:
Unreasonable delays: The insurance company intentionally delays the processing or payment of a valid claim without a legitimate reason.
Incomplete investigation: This involves failing to thoroughly investigate a claim or purposefully conducting a biased investigation to avoid paying a legitimate claim.
Denial without proper cause: Some insurers may deny a valid claim without a reasonable basis or without conducting a proper investigation – or even any explanation.
Misrepresentation: An insurer may provide false or misleading information to the policyholder regarding their coverage, the claims process or the policy terms so that the policyholder is deceived about the insurance company’s true obligations.
Lowballing settlement offers: This involves offering an unreasonably low settlement amount to the policyholder, even when the claim's value is higher (which can be effectively combined with delays to make a policyholder desperate enough to accept).
When an insurance company acts in bad faith, it means they are not fulfilling their duties in an honest, fair and timely manner.
What can consumers do when insurance companies behave this way?
There are several steps consumers can take to combat the problem of bad faith by their insurance company. First, it’s important to carefully review the insurance policy to understand the coverage, terms and conditions. Knowing the policy’s terms can keep a policyholder from being misled by insurance adjustor doublespeak.
Second, policyholders need to keep thorough records of all correspondence, including emails, letters or texts related to the claim – and notes from on any calls along with what was discussed. It’s also wise for consumers to address their specific concerns about any delays, misrepresentations or other questionable behavior in writing, so that a paper trail is created.
Finally, it may take legal action to resolve the issue. When a consumer has tried being reasonable and proactive to no avail, it may be time to explore additional options by seeking legal guidance.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2550652023-09-21T14:13:55Z2023-09-21T14:13:55ZWho can file a wrongful death lawsuit?
Missouri's wrongful death statutes outline the rights of dependent family members, and those with the closest relationship to the deceased will have the strongest legal rights after someone dies unexpectedly. Spouses and children have the highest priority consideration for the purpose of a wrongful death lawsuit in Missouri.
State statute allows other family members to initiate a lawsuit if someone dies without a spouse or any progeny. Parents, siblings and even the executor of an estate could also potentially file a lawsuit when someone has not married and does not have children.
What can someone seek in a wrongful death lawsuit?
Missouri has rules about the compensation available in a wrongful death lawsuit. People can seek the economic impact of someone's premature death, including recovery for their lost wages and future earning potential, as well as any medical expenses generated before their death and any funeral or burial cloth incurred after they're passing.
Additionally, Missouri law allows the individuals filing the claim to seek financial compensation for the loss of someone's household services and companionship and compensation for the decedent's pain and suffering before their death. Punitive damages may be possible in cases involving serious misconduct or flagrant disregard for the safety of others.
Learning about the rules that apply to Missouri wrongful death lawsuits can help people seek and secure appropriate compensation when a loved one dies prematurely due to another's conduct.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2550642023-08-28T19:21:08Z2023-08-28T19:21:08Zof a car wreck, Missouri civil law gives victims the right to seek several types of compensation in a personal injury lawsuit. Every person who suffers harm in a crash caused by someone else's negligence deserves to be made as financially "whole" again as possible.
Most types of personal injury compensation can be divided into two categories: economic and non-economic damages.
Economic damages
As the name implies, economic damages mostly have to do with direct financial harm suffered due to the accident. Things like your hospital and physical rehabilitation bills; wages you have already lost because you cannot work and wages you expect to lose in the future; and your auto repair or replacement costs are examples of economic damages.
Non-economic damages
But not everything you have endured comes with a bill containing an exact dollar figure. That does not make non-economic damages any less real or compensable. Still, non-economic damages tend to be things that are more emotional or personal to you. They usually are more challenging to assign a dollar amount to. Examples include pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium.
Punitive damages
When the defendant's actions were particularly egregious, punitive damages are a possibility. But these damages are rare and meant to punish the defendant more than compensate the plaintiff. A driver who purposely crashed into their victim or was driving 100 mph on a city street might be ordered to pay punitive damages.
Which types of damages you have experienced, and how much you can claim is necessary for compensation, depends on the facts of your particular case. You can discuss this with a personal injury attorney before deciding to proceed with litigation.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2549862023-07-17T00:03:44Z2023-07-17T00:03:44ZThe FMCSA regulates the trucking industry while establishing qualifications, setting limits on hours a driver spends behind the wheel, and periodic equipment inspections. However, they are falling woefully and dangerously short. Conversely, trucking companies are pressuring drivers to keep working, even after exceeding the regulations regarding the number of hours.
Potentially fatal factors
Various factors play a role in truck accidents that include:
Driver fatigue
Driver error
Driver impairment from alcohol or drugs
Passenger car drivers
Mechanical failure
Inadequately loaded cargo
Road conditions
Severe weather
Victims of truck crashes face significant challenges when pursuing a personal injury claim. Unlike an accident involving two cars, more than one defendant is likely due to the sheer complexities that include:
Government entities
Truck companies, including owners
Manufacturers of equipment
Maintained companies
Cargo-loading businesses
The aftermath of a commercial truck colliding with a smaller vehicle requires immediate medical attention. In addition, representation from a skilled personal injury lawyer with insight into the complex aspects of these types of accidents.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2547412023-06-01T04:51:16Z2023-06-01T04:51:16ZLeading by example
One of the most important ways parents can improve their teen's own driving is by example. Following the rules of the road and avoiding distracting behaviors, such as texting or talking on the phone, models good driving behavior. It is difficult for parents to speak with any authority about safe driving if they do not practice those same guidelines themselves. When they do, they can make these discussions about how to avoid motor vehicle accidents a normal part of conversations.
Safety guidelines
There are several safety rules and laws that parents should emphasize in particular. One is not drinking and driving. In fact, some parents make an agreement that they will come and pick up their teens with no questions asked rather than risk them getting behind the wheel of a car while impaired. Parents should also talk about the importance of following such laws as using turn signals, wearing a seat belt and stopping completely at both red lights and stop signs. It's also a good idea to accompany them while driving in a variety of conditions, including during inclement weather and when traffic is heavy. This helps them build their confidence and skills.
Teaching responsibility
Helping teens budget for expenses and become more involved in vehicle maintenance can increase their sense of ownership. This in turn can give them an overall greater sense of responsibility, which can mean more responsible driving.
It can be tough for parents to let their teens out on the road with the many hazards that they will face, but the vast majority of young drivers navigate them well and improve their skills. Parents can help play a big part in ensuring that teenagers grow into safe and responsible drivers.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2547362023-02-27T22:36:44Z2023-02-27T22:36:44ZWhat constitutes workplace age discrimination?
Workplace age discrimination occurs when an employee or job applicant is treated unfavorably because of their age. This can include being passed over for a promotion, being terminated or laid off, being subjected to harassment or a hostile work environment or being denied opportunities for training or career development.
Age discrimination can be challenging to prove because it can often be subtle and indirect. However, if you believe you have been mistreated because of your age, speaking up and taking action to protect your rights is essential.
Signs of workplace age discrimination
Being passed over for promotions or opportunities for career development in favor of younger employees can be a clear sign of age discrimination. Similarly, being subjected to negative comments or jokes about your age, being excluded from meetings or other work-related activities that you were previously included in and being given negative performance reviews or feedback that is not based on your actual performance can point to discrimination.
Furthermore, being terminated or laid off in favor of younger employees, even though you performed well and had no disciplinary issues, can be a tell-tale sign.
What to do if you believe you are a victim of age discrimination
If you believe that you are the victim of workplace age discrimination, there are several steps that you can take to protect your rights. First, start by keeping a record of any incidents of age discrimination that you have experienced or witnessed. This can include emails, memos or notes that you have taken.
If you feel comfortable, discuss your concerns with your company's human resources department. They may be able to address the issue internally and help you resolve the situation.
If speaking with human resources does not resolve the issue, you may consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of discrimination and can help you take legal action under employment law if necessary.
Reacting to age discrimination at work
Age discrimination in the workplace is a serious issue that can significantly impact your career and well-being. If you believe you have been the victim of age discrimination, taking action to protect your rights is essential. By thoroughly documenting the discrimination and taking appropriate action, you can ensure that you are treated fairly and respectfully in the workplace.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2547292022-12-01T20:29:56Z2022-12-01T20:29:56ZCar accidents and spinal cord injuries
Upon the impact of a car accident, it’s possible to experience a blow to the spinal cord. When the discs, vertebrae, tissues and ligaments are stretched beyond their limits or face trauma, it could lead to a serious injury. A victim can be left with a fracture, dislocation or even worse.
Spinal cord injuries affect the brain's ability to communicate messages with the central nervous system. In turn, this can result in a lack of function in certain areas depending on which part of the spine is injured. A person might be left with tingling, loss of sensation or even paralysis. The injury can also be considered complete, where there is a loss of all motor function, or incomplete, which leaves the person with some motor function.
Symptoms of spinal cord injuries
Certain symptoms of spinal cord injuries should be considered an emergency situation. In this case, it’s crucial to seek immediate medical attention. Depending on the type of symptoms and their severity, the injury might even be life-threatening. Any difficulty breathing should be seen as an urgent red flag. Loss of sensation and paralysis are also serious side effects of a spinal cord injury.
If you are unable to control your bowels and bladder, it signifies that you have suffered serious trauma to the spine. Severe pain in your head, neck or back is also a serious sign that you need medical care as soon as possible. A loss of balance and coordination, dizziness and odd positioning or twisting of the neck or back warrant prompt medical attention as well.
A car accident can leave you with severe internal injuries, so it’s always wise to seek medical attention afterward. It might make a difference in whether your injury is treatable.]]>On Behalf of Barnes Law Firmhttps://www.law4321.com/?p=2546282022-11-25T08:53:23Z2022-08-30T19:49:55ZCommon forms of contract disputes
One of the most common causes of contract disputes is a disagreement over the terms of the contract. This can happen when one party misunderstands the terms or when the contract is not clear, to begin with. Secondly, disputes can arise when one party breaches the contract or fails to meet its obligations. This can be intentional or accidental. Thirdly, disputes can also arise when one party tries to change the contract without the other party's agreement.
How can you avoid contract disputes?
First, make sure that the terms of your contract are clear and concise and that both parties understand them. This may mean having the contract reviewed by a business law professional. Secondly, ensure that you and the other party agree on all aspects of the contract before you sign it. Thirdly, be sure to perform your obligations under the contract promptly and professionally. Lastly, if there is any disagreement over the terms of the contract, be sure to resolve it in a timely and amicable manner. Just remember to understand how to classify business disputes so that you figure out the best way to manage them without incurring too many legal fees.
If you find yourself in a contract dispute, you should first try to resolve the issue directly with the other party. If that is not possible, you may need legal counsel. You may also want to consider mediation or arbitration, as these can often be cheaper and less time-consuming than going to court. Mediation is a process where an impartial third party helps the parties to resolve. At the same time, arbitration is a more formal process where an arbitrator hears both sides of the dispute and makes a binding decision.]]>