I recently settled a case for a woman who was a passenger in a car which was struck by another vehicle that failed to yield the right-of-way. The case was complicated by the fact that the accident occurred in Oregon, which meant Oregon law applied to this claim. Unlike Missouri, Oregon has a modified no-fault law which provides for limited personal injury protection (PIP), but still preserves the right to sue the negligent driver.
My client had been diagnosed with a concussion at the emergency room in Oregon and had only been getting chiropractic treatment for a sore neck since she returned to St. Louis when she came to see me almost a year after the accident. I immediately noticed that she complained of signs of post-concussion syndrome that needed specialized treatment by a neurologist, and I made arrangements for her to treat with a neurologist who was able to significantly improve her symptoms.
Total recovery was approximately $80,000.00. An important thing that any lawyer handling a case in another state must be aware of is the statute of limitations in the state whose law applies to the case. Missouri has a five year statute of limitations for auto accidents while Oregon’s statute of limitations is only two years, so my client would not have been able to recover anything if she waited too long to retain a lawyer who could investigate the applicable law in the state where the accident occurred and get a lawsuit filed within the specified time period.
If you or a loved one has been injured in a car accident, please call Attorney Thomas J. Gregory at 314-241-4477.
I represented a union plumber in 2005 who sustained an on the job injury to his low back that required surgery. We reached an excellent settlement of his worker’s compensation claim and my client recovered successfully from the surgery and continued in his career as a plumber.
He returned to see me in 2017 after sustaining a knee injury that also involved a related condition known as deep vein thrombosis. My client was now 61 years old, and after his knee surgery, he found it difficult to get back to work.
We went to trial before an Administrative Law Judge against the Employer/Insurer and the Missouri Second Injury Fund and alleged that my client could not return to any work based on his age, education and work experience, and was therefore permanently and totally disabled and entitled to lifetime benefits. Both opposing sides argued that my client could do other lighter work, and therefore, would only be entitled to a one-time payment of permanent partial disability benefits, not lifetime benefits. They also argued that if the employee was found to be permanently and totally disabled, it would be the responsibility of the other party. If my client was found to be permanently and totally disabled from the last injury (the knee injury and deep vein thrombosis), then the Employer would be responsible for lifetime benefits. If the total disability was found to be the result of the last injury in combination with the prior back injury, the Second Injury Fund would owe for lifetime benefits after the Employer paid for any disability related to the last injury.
The Administrative Law Judge found that my client was permanently and totally disabled and entitled to lifetime benefits and found the Employer/Insurer, not the Second Injury Fund, to be responsible for those benefits. The Employer/Insurer filed an appeal with the Industrial Commission of Missouri, which upheld the decision of the Administrative Law Judge.
Following the Commission’s decision, the Employer/Insurer agreed to pay a lump sum of $595,000.00 to my client in lieu of the future payments based on life expectancy tables, and in addition, also agreed to provide future medical treatment as needed for the injuries he sustained in the work-related injury as awarded by the Administrative Law Judge.
If you or a loved one has been injured on the job, please call Attorney Thomas Gregory at 314-241-4477.
I recently recovered $4 million dollars on behalf of a client injured in a premises accident. My client suffered serious life-altering injuries with significant past medical treatment as well as the need for future ongoing treatment. The defendant’s insurance company offered zero, but after four years of litigation, the case was settled at Mediation.
If you or a loved one have been injured as a result of a trip and fall or other incident related to a defect in premises or negligence by a landowner, please call Attorney David Hughes at 314-241-4477.