Personal Injury

For up to date information and news about Missouri and Illinois Personal Injury cases and issues see our Personal Injury Blog

Personal Injury Trial Lawyer Ben Sansone is a top Missouri and Illinois injury lawyer located in St Louis Missouri. Injury attorney Ben Sansone  focuses his practice on all personal injury related cases including: wrongful  death, medical malpractice, truck and car accidents, workers compensation,  premise liability (property and business owner negligence), drunk driving accidents, products liability or dangerous products and all negligence cases.  

What exactly is personal injury law? What is a negligence claim?

Most Missouri and Illinois personal injury claims have two very general but essential elements:

1.    Liability: who is legally liable for your injury?

2.    Damages: how much money are you entitled to?

In other words, not only does someone need to be negligent, but more importantly,  an injury (mental, physical, or both) must be directly and proximately caused  from the negligence. 
1.    Liability:

In Missouri and Illinois, as well as most states, we require people, corporations, employees, and professionals (i.e. doctors, business owners, truck drivers,  machinery operators, etc ...) to maintain a duty of reasonable care.

For example, a driver of a motor vehicle must operate their car or truck with "a high degree of care". A doctor or other medical professional must perform their job duties  within the medical standard of care. The owner of commercial property has the duty to make the premises safe and to inspect for defects that may cause an injury to a customer or other member of the public as they are business invitees.

People are negligent, and therefore liable, when they fail to operate within the applicable standard of care and an injury is caused by that failure.

2.    Damages: making the victim whole

After proving legal liability for the negligent act or omission, now the questions is, how much money is the injury victim legally entitled to?

Individuals and sometimes their relatives or survivors are entitled to damages (money) based on the following:

  1. All Medical expenses related to the injuries or death;
  2. All rehabilitation expenses;
  3. Any other treatment necessary for the treatment of the injuries;
  4. Past lost wages, lost support, loss of consortium (companionship);
  5. Future lost wages, lost future support, future loss of consortium;
  6. Non economic damages, also known as, "pain and suffering".
Economic Damages:

1 through 5 are referred to as "economic damages"; damages or money that can be calculated through the amount and cost of the medical bills, past and future lost wages, and any other expenses related to the injuries.

Non-Economic Damages (a.k.a. "Pain and Suffering")

The second measure of damages is referred to as "non-economic damages" or "pain and suffering" which includes past and future pain the victim or families will be forced to endure as a result of the victim's injuries or death.

Non economic damages are not set by law (however, they are "capped" or limited) and each case varies based on the unique facts and circumstances of each case. To that extent, the valuation non economic damages or pain and suffering is an art rather than a science.  This is where an experienced personal injury lawyer can make a real difference. 
Statutory Damage Caps - Missouri

In August 2005 Missouri Tort Reform went into affect and dealt a devastating blow to the rights of injury victims throughout the state.  Essentially, Governor Blunt passed a law that says you or your families' non-economic damages (pain and suffering) are limited or "caped" at $350,000.  This amount is NOT adjusted for inflation as the previous cap was. 

What does this mean?  For example, a 65 year old retired man or woman dies as a result of negligent medical care  and dies  on the operating table because the  doctor or medical staff failed to act within the standard of care for the medical field. The victim or their family are entitled to the special damages, i.e. medical bills, and that is about it, as the victim in this example was no longer working so no lost wages.  Essentially, the value of your life is capped at $350,000.  Moreover, most insurance companies realize that is the victim's upside (best result possible) is $350,000 in certain cases, then why not fight it to the end because they are not exposed damages as they are capped.
Common Personal Injury Claim Defenses: (and how we beat them!)

Besides the obvious defenses that are usually claimed such as the typical defense claim to deny and stonewall the information gathering phase of litigation known as discovery, there are several common defenses: Comparative Fault, Collateral Source Rule, and Causation (to name a few).

1.   Comparative Fault:   Almost always the insurance companies assert comparative fault, basically, if their insured is liable and was negligent, well, the claimant was partially negligent too! and therefore, the percentage the claimant was at fault should offset the recovery. 

For example:  Car accident case wherein the at fault party made  a left turn in front of the injured party and failed to yield, thus causing the accident.   The insurance company lawyers will assert comparative fault claiming that the injured party is partially at fault and therefore should be partially to blame.  So if the jury awards $100,000 and the injured party was 30% at fault, then the insurance company only pays $70,000.

The only way to combat a comparative fault defense is with a strong presentation of the facts so that the jury has a clear understanding of the duty of care the law imposes, the facts that support the defendant clearly violated that duty, and the severity of the injuries that resulted. A compelling argument  and  strong evidence supporting the fault of the other party will often defeat these comparative fault claims.

2.    Collateral Source Rule:  For years the Collateral Source rule has been an essential rule to protect the rights victims, and it still is in place in many states, including Illinois.  however, Missouri eroded this protection away with the passage of the 2005 Tort Reform Bill.  Basically, the collateral source rule prevents the defendant from trying to limit their liability for the victims medical bills and costs by presenting evidence of a 3rd party payer, i.e. that health insurance paid the victim's medical bills.   Thus the admissible  amount of damages is not what was charged to the victim, but what insurance or Medicaid or Medicare  paid.

Why does this matter?  At trial the victim or Plaintiff, is not allowed to present any evidence of, or even hint to the jury that the defendant has insurance.  That is right, so many juries think the defendant is paying out of their pocket and does not know they have an insurance policy.  So now, this rule remains the same, but the insurance company can disclose your coverage while hiding in the shadows.  Moreover, insurance companies or Medicare or Medicaid have deals worked out with many  health care providers, therefore, the amount actually paid by a 3rd party is grossly inaccurate and non reflective of the injuries suffered. 

3.   Causation:   Simply put, the defense is that the accident did not cause the injuries the victim is complaining of.  Very common defense, the insurance company will find an old injury and blame the current symptoms on that or will blame the injury on arthritis or other degenerative disease.   Sometimes, they simply claim that the accident could not have caused the injury.

The causation defense is defeated by a good offense, mainly having solid medical testimony from treating physicians supporting that the injuries are the type that would be caused from the accident described.  Many lawyers do not know how to properly prep a doctor for testimony, especially because of the tension between our professions then are usually hesitant to testify, especially in medical malpractice cases. 

The various aspects, rules, defenses, and causes of action in injury cases is a vast and complicated subject and the content of this website only scratches the surface of the subject.   If you, a friend, or a loved one have suffered an injury at the fault of another please call us for a free initial consultation to discuss Missouri and Illinois personal injury law and how it relates to your case or potential case.

Personal injuries are often the result of the following types of cases that we handle:

Motorcycle accidents and  collisions  resulting from  inattention  by  drivers or just plain recklessness. You need an experienced and qualified Missouri Motorcycle Accident Lawyer or an Illinois Accident Attorney.

Trucking Accidents including, Semi Trucks, Tractor Trailers, Industrial Trucks, Garbage Trucks, Government Trucks, and Emergency Vehicles.  We are top truck accident lawyers in Missouri and Illinois.

Car accidents, including, rear end collisions, failure to yield, drunk drivers, reckless drivers, accident from running a light or stop sign, and just plain negligent drivers. You need a top Missouri accident lawyer.

Premise liability, including slip and fall cases as the result of ice or other slick surfaces, injuries sustained  as a result of negligent supervision of children on a playground or substandard safety features on the playground, escalators, moving walkways, and elevators on business or private property.

Missouri Workers Compensation and Illinois Workers Compensation
- Addressed on detail in our work comp section
Missouri Wrongful Death  and Illinois Wrongful death resulting from workplace injuries, truck accidents, medical malpractice, car accidents, prescription drugs, products liability, dangerous premises, elevator accidents, and failure of safety equipment. You need a top Missouri wrongful death lawyer.

Boating and personal watercraft accidents.  You need an experienced injury lawyer.

Injuries suffered as a result of these types of accidents can be severe and life altering or even life ending. Injury lawyer Benjamin Sansone knows and understands what you and your family and loved ones are going through. He will make sure you get what you deserve and make sure the insurance company pays for any additional or future treatment related to your injury. He will discuss your situation and go over the options available to you.


Contact me for Free

Ben Sansone - (314) 863-0500 or BJS@SansoneLaw.com