Southeast Missouri Car Accident Lawyer Blog

"Wrongful death" is a common term often bandied about in the media. Like many common terms and phrases, its true meaning is sometimes lost or obscured: Our Poplar Bluff car accident lawyers have found that some expectations about wrongful death lawsuits are based on these misconceptions. In this post, we'll discuss the basic meaning of wrongful death, and share some practical expectations in terms of a wrongful death lawsuit.

What is wrongful death?
Legally, wrongful death refers to a fatality caused by another party's negligence, omission, carelessness or intentional wrongdoing. The death could be the result of a purposeful act of malice (i.e. assault and/or battery, manslaughter, murder, etc.), or the consequence of irresponsible behavior (i.e. careless driving, vehicular homicide, etc.). The term can be applied to victims of medical malpractice, nursing home neglect, and drunk driving: the list of possible situations is extensive.

Also, remember that civil and criminal courts handle different issues. For example, in 1995, OJ Simpson was acquitted of Nicole Brown Simpson's murder in a criminal court, but he was found liable for her wrongful death in a civil court. Civil cases are brought by individuals and tried for money damages, whereas criminal cases are brought by the state and tried for penalties like imprisonment. Accordingly, the courts have a different standard of proof: criminal cases must be proven "beyond a reasonable doubt," while civil cases must be proven "by a preponderance of the evidence."

Who can sue for wrongful death?
Missouri law permits the following parties to file wrongful death lawsuits on their loved ones' behalf:

• The deceased's spouse, children, or parents (class 1); or
• The deceased's siblings (class 2), when there are no class 1 relatives, and when siblings can demonstrate their rights to damage awards; or
• A plaintiff ad litem (an individual appointed by the court), when there are no class 1 or class 2 relatives.

Continue reading ""Wrongful Death" Explained: Who Can File Suit & What to Expect" »

Almost everyone loves to cool off in the water. And as Southeast Missouri continues to experience high heat and humidity, Cape Girardeau, Jackson, Perryville and surrounding areas remain under excessive heat watches from the Weather Service. Southeast Missouri Accident Lawyers want you to stay as cool as possible, but also want to remind you of the dangers of high heat combined with cooling off in pools and lakes.

From the Weather Service, an excessive heat watch means a prolonged period of hot temperatures combined with high humidity. These conditions create an increased danger of heat exhaustion and heat stroke which can both lead to death.

To help you better protect yourself, we offer the following information.

These factors influence drowning:

• Lack of supervision




• 2 out of 10 people who drown everyday are children aged 14 or younger. It is important to supervise children in the water.


• Many people over-estimate their abilities in water, a life guard or designated water-watcher will reduce the danger.




• Natural water settings




• 65% of drownings of those 15 and older occur in natural water settings.


• Currents change, water levels change, and entanglements are possible. We encourage the use of personal floatation devices.




• Personal floatation devices




• 9 out of 10 people who drown in natural water settings were not wearing a life jacket.


• Use water wings for toddlers and life vests or jackets for everyone else. Even if you know how to swim.




• Alcohol use




• Alcohol is involved in half of adolescent and adult drownings.


• Alcohol impairs judgment and dehydrates you even further. It is better to avoid alcohol during high heat conditions.




• Medical conditions




• Seizure disorders as well as other medical conditions can increase the risk of drowning.


• If you have a medical condition which could lead to unconsciousness or a semi-conscious state, swim with a buddy or in a life-guard protected area.



Continue reading "Southeast Missouri Accident Lawyers Provide Ways to Avoid Accidental Drownings" »

Cape Girardeau and Popular Bluff residents love Fourth of July celebrations. And the accident attorneys of Southeast Missouri wish you a very happy Fourth. One of our country's most favorite holidays, the Fourth of July is the picture of summer.

Fireworks displays, picnics in the park, soft-ball, water fun and BBQ's with watermelon, all mean summer is here and it is time to enjoy it with our friends and family. As summer is just getting underway, everybody wants to enjoy the festivities. Unfortunately enjoying the festivities often means people who drink and then drive. Drunk driving accidents are one of the major causes of death and injury around the Fourth of July.

Enjoy the Fourth of July, but alcohol does require responsible use. With this in mind, we offer the following tips to help keep your Fourth of July as safe and enjoyable as possible.

Simple and Easy Precautions For A Safe Fourth of July:

• Plan ahead. Be aware of the dangers, know how to avoid injuries, and then plan what you will do if something happens. Keep important emergency phone numbers handy. Set some ground rules at the start of your festivities and make sure everybody understands and follows them.


• Make sure everyone knows fun does not have to be dangerous; you just want everyone to take reasonable precautions.


• Make a game out of monitoring car keys so only designated drivers are able to have car keys.


• Provide food, permissible fireworks, and other fun but make 2 or more people the designated Safety Team. They can keep a watchful eye on the alcohol consumption, fireworks, cooking, water play, and other activities which could be dangerous.


• Make sure everyone knows that for each person's safety, the Safety Team can call foul and everybody should stop and listen.

Continue reading "Cape Girardeau Accident Attorneys Wish Southeast Missouri A Safe Fourth of July." »