Saint Louis Legal Issues Blog

Motor vehicle accidents caused by distraction are increasing

Missouri readers know that cell phones are part of daily life. Most people have them and use them constantly throughout the day -- sometimes even while they are driving, unfortunately. Distracted driving is a serious safety concern, and it is one of the leading causes for motor vehicle accidents. Despite the fact that most people are aware of the danger associated with using their phones and driving, many still choose to do so.

Not only is distracted driving one of the most prevalent safety concerns facing Missouri motorists, it is a growing concern. According to the Missouri Department of Transportation, drivers using their phones is one of the fastest growing reasons for fatal motor vehicle accidents in the state. Many drivers believe that they have the ability to use their periods for short periods of time and still drive safely.

Missouri boy's death leads to wrongful death lawsuit

The death of a child can be devastating to any family. Suddenly, the contagious laughter and love that filled the home is replaced by a void that cannot be filled. If the child had been diagnosed with a deadly disease, this loss is still devastating yet expected. However, when this death is the result of a misdiagnosis or other such preventable occurrence, the Missouri parents may decide that pursuing a wrongful death claim is the appropriate course of action.

Last February, concerned parents took their 9-month-old son to the emergency room. Emergency room staff examined the infant, concluded that he was suffering from an everyday virus, and sent the family home. Still concerned about his condition, the family returned to the emergency room three days later, and hospital staff concurred with their previous diagnosis and treatment plan. The family was again sent home

Dental clinic setup may make medical malpractice more likely

Missouri residents likely have expectations for the care and service they will receive when they go to any type of doctor, including the dentist. This is also the case when taking children to the doctor. When doctors violate the trust that parents place in them when caring for children, it can have tragic consequences. Recently, a family filed a lawsuit against Kool Smiles dental clinic alleging medical malpractice and other mistakes that ultimately led to the death of their young son.

This incident is a sad reminder of what can happen when patients do not get the full amount of attention and care they need. In the lawsuit, the family is seeking damages for what they claim are inexcusable errors and instances of medical negligence. They said the dental clinic ignored signs of an issue when their son was undergoing a procedure, then failed to provide him with monitoring as he recovered. 

Motor vehicle accidents: What to do after one has occurred

It can all start with a crash. The Missouri driver is driving along the road and suddenly an accident has occurred. To others, this is just one of the over six million motor vehicle accidents that occur each year in America. Yet, to those involved, it is "the" accident.

The natural thing to do when an accident occurs is to make sure that everyone is alright and to begin to sort out the details. Ensuring everyone's safety is of primary importance. This can be done by turning on hazard lights and making sure that each individual is standing away from the road. Additionally, the police should be notified and a call for emergency personnel should be placed if necessary.

How to stop collection agency harassment

Fear can quickly immobilize the average Missouri resident. It can cause the individual to take actions that may not be prudent upon further review or make decisions that may not be in the individual's best interest. This is one of the primary reasons that many debt collectors utilize fear as one of the many collection agency harassment techniques that they employ.

Once a collection agency takes upon a debt collection task, they will usually attempt to contact the alleged debtor. During this initial contact, the collection agency must notify the individual of the creditor's name, the amount owed and the individual's right to dispute the debt. There is a 30-day window within which the individual can dispute the debt; otherwise, the collection agency will assume that it has a valid claim.

Is your debt past the statute of limitations?

If you are being hounded by a debt collector, it may feel like there's nothing to be happy about. But if a creditor is pestering you to repay a debt that is beyond its statute of limitations, you may have reason to be happy after all.

That's because beyond a certain timeframe, a creditor cannot win a court verdict whereby you would have to pay back what you owe. Depending on the type of debt incurred, and whether the contract for the debt was oral or written, the statute of limitations is either five or ten years. So if your debt is more than five or ten years old, depending on the debt, you may not be in as much trouble as you think.

Motor vehicle accidents change lives

Life often changes without warning. One moment, the Missouri resident is working hard and the next minute, he takes his last breath. Sometimes, these sudden changes are brought on by something related to the individual and his personal well-being; other times, another individual is at fault. All too often, motor vehicle accidents are to blame.

Recently, a tow truck driver was called to assist a motorist whose vehicle was stopped on the side of the interstate. As a part of his job, he had to get out of his truck in order to take care of the other driver and his vehicle. This was most likely a routine task that he had performed hundreds of times without incident. Unfortunately, this was not the case this time, and he died at the scene of the accident.

Wrongful death suit settled for undisclosed amount

Families often enjoy getting away and spending time together. Sometimes this involves a weekend get-away; other times, this involves an extended vacation. In either case, the Missouri family may decide to take a tour or participate in some other venture designed to appeal to vacationers. The expectation is that the family will enjoy their time together rather than fall victim to a wrongful death incident.

Companies that provide tours, excursions and other opportunities for vacationers are expected to operate in a safe manner. The individuals and families taking advantage of these opportunities expect that safety precautions will be taken and that each member of the team will be properly trained. Additionally, they anticipate that the tour or excursion provider will follow the rules and regulations associated with the business.

How to handle collection agency harassment

Sometimes it just seems as if there is not enough money to go around. The mortgage, utilities, car note, credit cards, medical bills and other monthly expenses need to be paid; however, the amount of money coming in is less than the amount that needs to go out. Sometimes as life happens the Missouri resident is unable to pay all of his or her bills. In addition to the stress associated with this situation, it is possible that collection agency harassment may become an issue.

When an individual is unable to pay his or her debts, these debts may be turned over to a collection agency. This collection agency will then attempt to make contact and arrange for the debts to be paid. In doing so, collection agencies have specific guidelines and regulations that they must abide by.

Motor vehicle accidents can claim lives

Every day, Missouri residents get in their cars and drive to work, school, the store and various other locations. Prior to these excursions, the individual usually does a quick to check to make sure that there is enough gas in the tank and that everything appears to be safe. The seat belt is fastened and the journey begins. Even though this preparation only takes a moment, it is necessary in order to protect the individual in case of motor vehicle accidents. Unfortunately, these safeguards are not always enough.

Recently, one Missouri man left home and almost certainly had every intention of returning home after completing the stops he needed to make. However, this never happened. Rather than returning home, he was involved in a fatal motor vehicle accident. The safety preparations he most likely made prior to leaving home were futile.

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