Personal Injury

For up to date information and news about Missouri and Illinois Personal Injury cases and issues see our Personal Injury Law Blog. Categories of the personal injury cases we handle are listed in the column on the left, link to specific areas for specific details on those type of cases. Also see our Settlements & Verdicts.

Injured outside of Missouri or Illinois? Call us and we will help you find the best lawyer for your case in your area - free of charge.  All initial lawyer consultations are free of charge. 
Our law firm values human safety and that is what is at the heart of personal injury law.  The enforcement of safety rules through lawsuits is designed to compensate victims for the harms and losses suffered, to prevent or minimize future violations of the safety rules, and thus minimize needless injury.  When people or corporations violate Safety Rules they must be held responsible for their disregard of the rules and the resulting needless injury or death.  At the end of any personal injury trial, the Jury must make a decision as they are the Conscience of the Community and they must hold the defendant and their insurance company  responsible for violations of safety rules and the resultant harms and losses.        

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: did someone violate a safety rule resulting in needless injury?

2.    Damages: amount of harms and losses suffered and equated to dollars?

In other words, not only does someone need to be negligent and violate a safety rule, but more importantly,  an injury (mental, physical, or both) must be caused  from the negligence and violation of the safety rule.    
1.    Liability - Violation of a Safety Rule:

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, meaning they must follow the safety rules of society, the road, their profession, or their industry. 

For example, a driver of a motor vehicle must operate their car or truck with "a high degree of care", which is a legal way of saying they must follow the safety rules of the road.  Examples of safety rules for drivers, rules we were all taught when we learned how to drive and passed the tests to get our driver's licenses:

  • A driver must keep a careful lookout;
  • A driver must obey traffic signals; 
  • A driver must not drive drunk; 
  • A driver must stop at a stop sign;
  • A driver must stop if necessary to avoid colliding with slowing traffic;
  • A driver must drive at a safe speed;  

A doctor or other medical professional must perform their job duties  within the medical "standard of care".  Again, "standard of care" is a legal way of saying that a medical professional must follow patient safety rules.  As a "standard" is a "rule".  Examples of medical safety rules: 

  • A doctor must always put patient safety first;   
  • A surgeon must identify what they are cutting before they cut it;
  • A surgeon must be prepared to handle known complications of surgery;
  • A surgeon must take all reasonable safety precautions.

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.  Some of these safety rules that apply to business for the safety of their customers or tenants include:

  • Common areas must be kept safe and free from hazards;
  • Customer area should not have known fall or trip hazards;
  • Apartment complexes must have adequate lighting in common areas;
  • Business must have reasonable security for the safety of their customers;
  • Apartment complexes must have adequate security for the safety of their tenants.

People are negligent, and therefore liable, when they chose not to follow the safety rules and a needless injury or death is caused by that choice.  

2.    Damages: "Harms and Losses" suffered by the Victim

After proving legal liability for violation of a safety rule, now the questions is, how much money is the injury victim legally entitled to for the harms and losses suffered?

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

  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, HARMS AND LOSSES. 
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. these are specific dollar amounts proven by bills, receipts, or tax returns.  

Non-Economic Damages (Harms and Losses)

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

Non economic damages cannot be calculated by looking at a bill or receipt. Teh Harms and losses vary based on the unique facts and circumstances of each case. To that extent, the valuation non economic damages is an art rather than a science.  This is where an experienced personal injury lawyer can make a real difference.  

Empowering a jury with the tools to calculate and justify the verdict amount your lawyer is asking for is the most important part of trial.  Many lawyers just ask for a random number and send the jury back for deliberations with no know-how as to why the number is the correct number or why that verdict amount is the proper amount.   It is critical that the jury is instructed as to exactly how that verdict amount is decided upon and exactly why it is appropriate.  Many personal injury lawyers just throw the number at the jury and hope they agree - this is a huge mistake!   
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 violated a safety rule, well, the insurance lawyer will argue the victim was at fault too, and therefore, the percentage the was at fault should offset the recovery. 

For example:  Car accident injury case after the defendant violated a safety rule of the road and made a left turn in front of the victim's car either from the center turn lane, or at an intersection with a solid green light, not a left turn arrow.  Teh defendant violated the safety rule when they chose not 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 best 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.  Effective deposition questioning of the defendant driver is essential, get them to admit they violated the safety rule and challenge them with questions about any claims the victim was at fault, force them to be specific and justify their claim.  Oftentimes, they are not prepared by the insurance lawyer and will either have to admit no fault by the victim or look dishonest and irresponsible in attempting to blame the victim.   

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 and the Deck v. Teasley  decision. See Missouri Collateral Source Article: Medical Billed versus Paid.  Basically, the collateral source rule prevents the defendant from trying to limit their liability for the victim's 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, unless the insurance company is a named party as in insurance bad faith cases or Uninsured or Under-insured motorist cases.  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. Preexisting injury or other incident caused the injury.   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 they are often 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 a Free Discussion: No Fee Unless We Win 

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