St. Louis Personal Injury Lawyer

The term “personal injury” is a common phrase, yet many people do not understand its true legal meaning. Personal injury is a legal term for an injury to a person’s body, emotions, or reputation. This is different from an injury to property rights. This injury may be physical or emotional. Personal injuries are most often caused as a result of negligence, malpractice, or even intentional wrongdoing. When you suffer a personal injury, a St. Louis personal injury attorney can help you recover compensation through a civil claim.

If you or a loved one has been injured in an accident that was caused by the recklessness, carelessness, or misconduct of another individual or party, you could file a personal injury claim. This enables you, as the injured party, to hold the at-fault party responsible for their lack of reasonable care.

These injuries may occur due to a car accident, a dog bite or animal attack injury, certain accidents on your worksite, or medical malpractice. The group or individual responsible for the emotional and physical harm can be held liable for any of the economic and non-economic damages you suffered.

It can be incredibly overwhelming to manage a personal injury claim on top of physical pain and stress. A claim is essential for many injured individuals who may be unable to go to work but still need to support their families. By working with an attorney, you are more likely to regain lost wages and cover medical costs, and you can also maximize the damages in a claim. This allows you to rest and heal while your attorney manages the complex parts of the claim.

The Cagle Law Firm: Your Missouri Personal Injury Lawyers

The St. Louis personal injury attorneys at The Cagle Law Firm are dedicated to helping victims of personal injuries obtain the compensation they deserve as a result of their injuries. Specifically, our attorneys focus on personal injury cases that involve bodily injury. In bodily injury claims, there is often an emotional damage component as well. When these physical and emotional injuries were caused by the negligence or misconduct of another party, you have the right to file a claim for damages.

If you have been hurt in a personal injury incident, such as a motor vehicle accident, you may be entitled to compensation for your injuries. The same is true if you have lost a loved one as a result of an injury incident. This is an impossibly hard time in your life, whether you are dealing with an injury or the loss of a loved one. A personal injury claim can give you some financial stability. Medical costs, loss of income, funeral costs, and the non-economic damages of losing a loved one are all losses that you could cover through a claim.

At The Cagle Law Firm, we are dedicated to assisting personal injury victims and their families from St. Louis, greater Missouri, and Illinois. We believe in communicating with our clients to determine their wants and needs in a personal injury claim. Our firm builds a strong relationship with our clients and families who have been harmed by negligence and carelessness.

When you work with our team, we are dedicated to your case. We can provide you with all the information you need, and our team can take care of the case so that you are able to recover. We advocate fiercely for your needs in negotiation and litigation if necessary. Our attorneys work hard to secure you the compensation you deserve.

Contact us today to schedule your free consultation.

What Kind of Cases Do Personal Injury Lawyers Handle?

Personal injury cases range from birth injuries to brain injuries, burns, broken bones, and more.

“Liability” is just a fancy word for fault. In a personal injury claim, it is possible for more than one party to be responsible for your accident.

As an example, if you were injured in a trucking accident, it is possible that you might have a claim against the truck driver’s employer, (transportation company) as well as the truck’s insurance carrier, depending on the reasons for the crash. Your attorney can help you review your situation, investigate the accident, and determine the party or parties at fault. This can help maximize the financial coverage you receive in your claim.

How Personal Injury Claims Work

The area of law that encompasses personal injuries is known as “torts.” A tort is an act or omission that gives rise to an injury or harm to another.

There are three main types of torts – intentional, strict liability, and negligent. The vast majority of personal injury cases involve negligence.

After someone has sustained an injury, he or she has the right to file a claim against the responsible party in civil court. The injured person, the plaintiff, will allege the defendant (the person who caused the accident) acted in some way to cause injury or contributed to the cause of the injury of the plaintiff.

The burden of proof will be on the plaintiff to prove that it is more likely true than not that the defendant failed to provide a reasonable level of care and that this failure was the cause or contributing cause to the plaintiff’s injury.

The plaintiff does have to prove through a preponderance of the evidence that a party (defendant) committed an act that caused damage. The plaintiff does have to prove damage through evidence. The plaintiff may prove damages through a variety of ways, including medical records, estimates, and testimony- to name a few. Our attorneys plan specific strategies based upon the individual case, injuries, and facts.

Types of Personal Injury Cases at The Cagle Law Firm

After a serious accident, it’s beneficial to contact a qualified Missouri personal injury lawyer who can advise you on whether you have a viable personal injury claim. There are several types of accidents that can result in personal injury claims, and you should look for an attorney who has past success in cases that are similar to yours.

Even though each individual’s personal injury claim has its own unique circumstances and challenges, an attorney with relevant experience can still bring a lot to your claim. They are likely aware of claimable damages that you were unaware of, and they know how to most effectively gather evidence for your claim. You are more likely to maximize your compensation in a civil claim when you work with a dedicated and experienced attorney.

At The Cagle Law Firm, our personal injury attorneys have experience with some of the following personal injury cases:

Car Accidents

Car accidents are one of the leading causes of accidental personal injury. According to one report, 2021 car accidents resulted in 51 fatalities and 5,759 injuries in St. Louis, not including pedestrian or bicyclist crashes. In St. Louis County, 8,275 people were injured, and 84 were killed.

Car accidents in Missouri operate under fault-based laws. This means that, after an accident, drivers file insurance claims with the insurance provider of the driver who was at fault for the accident. For minor accidents, this insurance claim will cover medical expenses and property damages. An attorney can help you negotiate with an insurance company that is uncooperative.

In other accidents, even the maximum amount of coverage provided by an insurance claim does not cover the injuries and other damages caused by the accident. This is especially common in head-on accidents, rollover accidents, and other serious accidents. When you are in a car accident, and your damages exceed the coverage of an insurance claim, you may be able to recover any excess damages through a personal injury claim. Making a claim for an excess policy is a claim one can only really make with the assistance of an attorney. You can also file a personal injury claim if the at-fault driver has no insurance.

Other drivers are typically at fault for car accidents, but there may be other parties who are liable for your accident. If the accident was caused by a manufacturing defect, there may be cause to hold a manufacturer or designer of the car component liable in a product liability claim. If the car accident was caused by road hazards, such as poor drainage, unattended potholes, or missing road signs, the private or governmental agency responsible for road upkeep may be liable.

Truck Accidents

Truck accidents are similar to car accidents in that an insurance claim is filed with the at-fault driver’s insurance or the trucking company’s insurance. However, truck accidents are much more complicated and serious than most car accidents. Commercial vehicles, like semi-trucks and 18-wheelers, are much larger and heavier than passenger vehicles, especially when their trailers are loaded. Due to their size, these accidents are more likely to cause catastrophic and fatal injuries.

Commercial vehicle crashes typically result in a minimum of one million dollars in damage coverage. Because of the severity and extent of the damages, an insurance claim is sometimes not enough to cover the damages from an accident between a truck and a smaller vehicle. Personal injury claims are also more complex because truck accidents are more likely to have multiple at-fault parties involved. These may include:

• The trucking company
• A shipping company
• A third-party maintenance company
• Any other driver in the accident

Commercial cases often require an in-depth investigation to determine the at-fault parties. You can be assured the commercial insurance carrier will investigate to look after their interests. An attorney who has experience in these cases has the resources necessary to properly investigate evidence like trucking company policies, truck black box information, CCTV and dash cam footage, and other important evidence.

Motorcycle Accidents

Motorcycle accidents are much more likely to result in disabling and catastrophic injuries to motorcyclists as well as death. Motorcycles have fewer safety features when compared to passenger cars, and riders are often thrown from their motorcycles in a crash. This means that they suffer the impact from the initial accident and the impact when they hit the ground, which is often the road pavement.

Motorcycles are less visible than other vehicles, and many other drivers on the road fail to take appropriate caution around motorcycles or do not notice them. Although motorcyclists can sometimes be at fault for the accident, drivers in passenger cars rarely sustain the equivalent significant injuries or damages. A personal injury claim can hold at-fault drivers and their insurance carriers liable for severe and catastrophic injuries and losses to motorcyclists.

Dog Bites

Dog attacks are often incredibly traumatic experiences, and they most frequently harm children and the elderly. Although some dog bites are minor, many of them result in:

• Punctured skin
• Broken bones
• Crushing injuries
• Infection
• Internal organ damage

Many people suffer from psychological trauma and post-traumatic stress disorder. If you are bitten or attacked by a dog or any other pet or animal, it’s essential that you obtain medical care as soon as possible. This can help prevent additional harm from infection or disease.

In Missouri, dog owners are held strictly liable for any injuries that their dog causes, even if they had no notice or warning the dog was dangerous. A civil claim can cover the costs of medical treatment and therapy needed to recover from the injuries. If a dog owner is exceptionally negligent, such as allowing a dog off its leash in public locations, your civil claim may be able to obtain additional damages.

Slip and Fall

Slip and fall injury claims and premises liability claims occur when you are injured on someone else’s property due to a hazard that they should have taken care of. Property owners are responsible for safe grounds, both on public property and private property, such as retail and store locations and homes.

Property owners are only not responsible if an individual is trespassing on their property unless that trespasser has a legitimate reason to be there. A trespasser is any individual without permission to be on the premises.

Premises liability claims differ based on whether the person making the claim is a licensee or was invited onto the premises. For a licensee, a property owner has the duty to prevent or warn of hazards of which they are aware. For an invitee, the property owner owes a reasonable duty of care to prevent and warn of hazards that they are aware of and that they should know of after a reasonably careful inspection.

Customers of a business are considered invitees, as they are providing a benefit for the property owner. Individuals who enter a store or business but are not there to contribute to the business are considered licensees, as they are there for their own interests.

Property hazards can include:

• Slippery floors
• Broken guard railings on stairs or balconies
• Uneven ground
• Poor lighting

If a property owner knew or should have known about these hazards and failed to fix or warn of those hazards, they can be held liable for any damages you suffered as a result.

Wrongful Death

When someone is killed due to another party’s negligence or misconduct, surviving family members can file a wrongful death claim. An individual may have died in the accident or from their injuries afterward. This claim is filed in place of the personal injury claim that the individual could have filed if they lived, and it holds the responsible parties liable for their actions.

Family members can recover damages such as:

• The loss of financial support
• Funeral and burial costs
• Medical costs from before their loved one passed
• Non-economic damages, like loss of consortium and loss of companionship

These cases can be very complex, especially when you are grieving the loss of a loved one. An experienced attorney is an essential ally when filing these claims.

FELA and Jones Act Cases

According to the Missouri Department of Labor and Industrial Relations, the city of St. Louis saw six fatalities and 6,054 injuries due to workplace injuries in 2022. In St. Louis County, there were 12 fatalities and 18,605 workplace injuries in the same year. Many St. Louis occupations have inherent hazards, such as maritime jobs, construction work, and emergency first responders.

Whether your industry has many daily hazards or not, it is your employer’s responsibility to provide a safe workplace. Many injuries in the workplace are covered by workers’ compensation, and you are unable to file for a personal injury claim. However, if your employer is exempt from carrying workers’ compensation insurance or fails to carry it, you can file a personal injury claim against them to recover damages.

In some workplace accidents, you can file both a workers’ compensation claim and a personal injury claim. This is the case if a third party is responsible for your accident, such as an on-the-job injury caused by product liability or another driver in a car accident. A responsible third party may also include contractors hired by your employer.

Additionally, certain workplace accidents qualify for different types of compensation under the Jones Act and the Federal Employees Liability Act (FELA).

There are many maritime employees engaged in various types of work on the Mississippi River. Maritime workplace accidents are very complex. The extreme hazards present in this line of work have led to the creation of many laws that provide unique compensation for maritime workers. Depending on how you were injured in your work, you may be eligible for these unique types of compensation and employee benefits under the Jones Act.

Working on the railroad is also a highly dangerous form of employment. Derailment, onboard fires, collisions, and mechanical failure are all potential dangers that cause train accidents and personal injuries on trains. Employees are at a much higher risk for these injuries, and FELA covers railroad employees who do not have workers’ compensation coverage and whose employers operate in interstate railroads. FELA claims, unlike workers’ compensation claims, require the employee to prove that an employer is partially at fault for their injuries to receive compensation.

Because of these specific laws for maritime and railroad employees, it is imperative that you hire an attorney who has experience in and understanding of these state and federal laws, including FEHA and the Jones Act. An attorney with general workers’ compensation knowledge does not have an intricate understanding of the laws that may apply to you, and you may not receive maximum benefits.

It can be complicated to determine what you are able to file after a workplace injury. An attorney can help you maximize the damages from one or both claims.

Train Accidents

Train and railroad accidents also include train collisions with cars and injuries to passengers on trains. These personal injuries can be very severe and potentially fatal, especially when a train collides with a passenger car or pedestrian. Depending on the circumstances of your injury, many parties may be liable. If you were a passenger or bystander injured on a train, you may be able to hold a negligent party at fault for your catastrophic injuries.

Medical Malpractice

Medical malpractice claims are some of the most complicated types of personal injury cases. In addition to the catastrophic, painful, and frequently fatal injuries caused by medical malpractice, claims involving such injuries will deal with the insurance provider of the healthcare facility. These insurance agencies have significant resources and work to deny you the compensation you deserve.

Medical malpractice occurs when a healthcare professional fails to meet the professional standards of their industry, and their patient is seriously injured or passes as a result. This may include actions or inactions like:

• Failing to diagnose a disease or condition despite clear symptoms
• Operating on the wrong part of the body
• Leaving items at the surgical site
• Birth injuries to either a parent or child
• Prescribing the wrong type or amount of medication

Injuries caused by medical malpractice can lead to lifelong complications. If you were injured due to a medical provider’s carelessness or malice, you deserve compensation for your losses. An attorney can help you calculate the true cost of your damages.

Defective Products

Defective products fall into three main categories:

• Manufacturing defect. The design was safe, but when the product was made, it became dangerous. This may be due to improper construction or low-quality materials.
• Design defect. The product is faulty and unsafe simply from its design.
• Failure to warn. There were no clear instructions or proper warnings for the item, and this caused the injury.

At Cagle Law Firm, we primarily focus on defective respiratory masks that fail to adequately protect individuals from long-term silica exposure.

Depending on the defect, different parties within a company or supply chain may be liable. When reviewing cases in which employees suffer from overexposure to silica, there are some situations when the employer is liable. However, it is more common that the manufacturer is at fault for defective masks or for improperly claiming their masks are more preventive than they are. Employees who develop silicosis, lung cancer, and other long-term illnesses may be eligible for a defective product claim.

How Long Do You Have to File a Personal Injury Claim in Missouri?

Civil claims, like personal injury claims, have statutes of limitations, which are a set period of time that you have to file your claim. In Missouri, the statute of limitations for personal injury claims is five years from the date when the injury or accident occurred. If you were not aware of the injury on the date of the incident, the 5-year deadline may begin from the day you knew or should have known that you were injured. This rule of discovery applies in limited circumstances.

In Missouri, wrongful death claims must be filed within three years of the individual’s death. Whether you are filing a personal injury or wrongful death claim, it’s important to contact an attorney and file as quickly as possible. Although it may seem like you have plenty of time, waiting can hurt your claim’s success.

If you wait, important evidence may expire, or your claim may expire for other reasons. For example, if a claim for a personal injury is being filed against a governmental agency, the statute of limitations is 90 days from the date when the injury was discovered.

If the statute of limitations expires on your claim, you lose the ability to obtain compensation for your injuries and losses. The sooner you begin working with an attorney, the sooner they can begin building your claim.

Schedule a Consultation with a St. Louis Personal Injury Lawyer

If you’ve been injured by someone else and are afraid and unsure of what to do next, call us at The Cagle Law Firm.

Our personal injury attorneys in St. Louis will be happy to help you decide if you need an attorney for injuries you may have sustained. If you have a case, we will work every day to secure your compensation. That way, you can stop worrying about your financial burdens and get back to focusing on your health and your family.

Call us today to set up your free consultation with our professionals. You can reach us toll-free at (1-800) 685-3302 or locally at (314) 276-1681.