Personal Injury
Personal Injury
The lives of victims or their loved ones can change in an instant. Medical bills immediately start piling up. They may have to take time off work to recover–and some plaintiffs are never able to go back. When someone is killed, their family may not have a means to support themselves and pay for medical bills, funeral expenses and more. To add insult to injury, insurance companies frequently offer lowball settlements which do not cover the entirety of their ongoing expenses, lost wages, pain and suffering and other life-changing consequences.
A lawyer can help. If your case has to go to court, you deserve a lawyer who has been there before and who is willing and able to see the case through until you receive fair compensation. In practice since 2004, we have that experience and dependability.
Not every case we take has to go to court. Even with cases that do not go to court, you deserve representation that addresses several things that our firm commits itself to on every case:
- Locate all of the money available including all auto insurance policies (for car crash cases), excess and umbrella policies, uninsured and underinsured, and health and disability policies.
- Take all of the hassle and confusion off your plate while you recover.
- Identify, negotiate, and address all liens. If you are offered a settlement by a car insurance company, most of the time there are health insurers or medical providers that want to get paid some of that settlement money. A lawyer who is really looking after your best interests will make sure to maximize your recovery (and pay the lienholders as little as legally) and will make sure these liens are addressed so there are no bill collectors coming when the case is over.
Focus Areas
Our practice handles a broad range of personal injury cases including claims for medical malpractice, auto accidents, dangerous products, premises liability, civil rights and wrongful death cases. Each of these focus areas is one that Kevin Etzkorn worked in as a defense lawyer, giving him unique insight and perspective.
We fight hard on our clients’ behalf to hold negligent individuals, manufacturers, healthcare providers and others responsible for any harm they cause. Whether your case involves negotiating fair insurance settlements or complex litigation and trial, we will work to recover the compensation to which you’re entitled.
Trucking Cases
There is almost always more money involved in a trucking case than in a typical auto claim. And there are usually more devastating injuries. Because of their size, commercial trucks typically cause severe damage. We have seen cases where our clients’ cars were torn to shreds. With the ability to cause such damage to another vehicle, trucks can and often do debilitate the bodies of other drivers that come into their paths. Due to lawsuits over the last 30 years, legislators and the trucking industry have made strides in protecting other drivers from tired, intoxicated, and reckless truckers. Unfortunately, these types of accidents still occur on a regular basis on all Missouri Highways. Many companies still fail to properly screen employees and create unrealistic expectations for drivers to deliver goods. But even a skilled driver can cause an accident.
Motorcycle and Moped Crashes
These vehicle crashes often often involve the most catastrophic injuries and deaths. They can be very complicated and require experienced litigators to win. We have seen these crashes result in serious broken bones and injuries to the neck and spinal cord.Pedestrian Injuries
When drivers hit people who are crossing the street or standing on the sidewalk, the consequences are often catastrophic. In this day and age, we see pedestrian accidents typically because of cell phones. Drivers are on their phones either texting or calling. While distracted, they are not attentive and they hit people who are walking on the road. Far too frequently, we see pedestrians hit even when walking through crosswalks and having the right of way.Car Crashes.
We have handled numerous death claims involving cars of all types and have seen concussions and other brain injuries from even seemingly minor crashes. Whether you can be compensated for these injuries – even the most serious of them – is often a very contentious battle with insurance companies. While even the doctors hired by insurance companies to evaluate claims admit a bulging disc can be caused by minor trauma, the insurance companies often insist on fighting these cases.Cyclist Crashes
Like pedestrians, cyclists hit by motor vehicles are often seriously injured. Additionally, they frequently encounter insurance coverage issues as typical automobile insurance policies do not include underinsured motorist coverage for bicyclists.Rideshare Company Claims (e.g., Uber, Grubhub, Doordash)
Product liability cases involve claims against manufacturers, distributors, and/or sellers of products that have caused personal injury and/or death. Product liability cases are usually based on defects in the manufacture or design of a product or in the warnings used with it. We have over a decade of experience handling product liability lawsuits involving a myriad of different types of products including, among others, chemicals, industrial equipment, exercise machines, space heaters, and medical devices. We have worked with respected engineers and industry specialists whose assistance is vital to the prosecution of these claims. A company should not make or sell a product that is unreasonably dangerous. Unfortunately, big businesses cut corners. Too often they care more about profit than safety, and they do not always make sure the products they are selling are safe for use or consumption. Product liability law gives injured people the right to make claims against the guilty sellers or manufacturers who knew injuries were likely to occur from defective products. Our firm has experience with a wide range of product liability cases including the following
- Respiratory diseases from toxic chemicals
- Defective knives
- Defective gym and exercise equipment
- Dangerous heaters
- Cancer causing medications including Actos
- Amusement Park Injuries
- Negligent Security
- Construction Defects
- Excessive use of force by police officers,
- Failure to protect inmates in jail or prison from known threats,
- Complete indifference by police or corrections officers to a serious medical need
- police misconduct and police shootings.
- Typically, death cases involve claims for monetary damages are from the individual or company whose negligent or intentional actions triggered the death of another person. Since the deceased individual is unable to seek personal injury compensation, his or her survivors must step in to seek damages on the deceased person’s behalf. This allows them to also seek compensation for the losses when death is premature. Wrongful death cases are delicate and complicated. There is the obvious emotional aspect that requires compassionate assistance. And there are the ins and outs of the different statutes and rules that apply to them. We are well-versed in wrongful death litigation, having handled them in a variety of contexts for nearly two decades.
ReCENT OUTCOMES
- We have tried numerous auto accident cases and have settled hundreds. Here is just one example of a recent trial outcome in a trucking case. When a client’s car was knocked across the highway by a semi truck, our lawsuit revealed the trucker had exceeded the maximum work hours and was fatigued at the end of a long shift. The trucking company made no settlement offers and argued that our client was at fault. The reporting police officer testified our client was at fault. The jury discounted the officer’s testimony and rendered a verdict for our client.
- Settlement for a client who fell from a roof during a construction project, leading to paralysis.
- One premises liability case settled at trial. Our client fell on the defendants’ property. He tore a rotator cuff, had major complications and surgery. Thanks to the evidence presented, defense counsel offered to settle during the trial.
- A medical malpractice case settled in the fourth week of a lengthy trial. The suit involved claims of paralysis due to a delayed diagnosis and treatment of a spinal infection.
- Confidential settlement against paramedics for failure to timely intubate a patient suffering respiratory distress.
- Confidential settlement with dentist for wrongful extraction of 2 permanent teeth.
- One recent wrongful death case against a pharmacy settled confidentially after our client’s family member was distributed the wrong pills and subsequently died.
- Another wrongful death case against a nursing home recently settled confidentially. Our clients’ family member had died after she fell and broke several bones. She had been been left unattended in violation of home policies
- Settled for the limits of automobile insurance policies after a woman was struck and killed crossing a street at a stop light.
- Settled for the limit of a homeowners’ insurance policy after a child drowned in a swimming pool due to lack of supervision and proper security measures.
