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(314) 500-HURTEvery personal injury claim is unique, but hearing others' stories can help you understand what to expect. Burger Law offers a new collection of our previous clients' stories and how we were able to help.
All’s right with the world – the Cardinals are peaking at the right time (as usual) with an amazing 16 wins in a row. And we went to the first Blues preseason game on Saturday night.
The longest winning streak in St. Louis Cardinals history has reached 16 games. Today we have another game, let’s make it 17 straight wins!
And it’s almost October, which means it’s time to settle cases in my business. We are working hard to ramp up settlement and push resolution of cases. To that end, we are mediating a lot of cases, and trying them again.
I settled a national labor case for unpaid wages on Friday – helping 364 clients who opted into the case. Below, I talk about Genavieve's recent trial, a $125,000 settlement and some of our techniques for a successful mediation.
Jury trials are back, and we are still winning! Genavieve Perino recently won a two-day jury trial in St. Clair County, Illinois, before Judge Heinz Rudolf. The case involved a disputed-liability intersection collision at Route 159 and Highway 15 in Belleville, Illinois, in August of 2017.
Following the collision, the plaintiff went to the emergency room and was x-rayed and diagnosed with a contusion from the seatbelt and arthritis. Her primary care doctor later diagnosed her with a neck and back strain resulting from the collision and referred her to two months of physical therapy.
Plaintiff incurred $17,106.50 in related medical charges, the bulk of which was hospital and imaging.
Despite the defendant's admission in her deposition that she had a stop sign on Highway 15 and that the plaintiff had the right-of-way for nearly three years, Allstate only offered Plaintiff $8,369.00 to settle her case, which was only about half of her medical bills.
As such, Burger Law geared up for the trial and took the depositions of the plaintiff's doctor and the defendant's paid expert, Dr. Richard Lehman. Before trial, in response to the plaintiff's bottom-line demand of $40,000, Allstate finally increased their offer to $20,909. This offer was obviously not enough to compensate the plaintiff for her injuries, medical expenses, loss of everyday life experienced, and pain and suffering.
So, the parties went to trial in St. Clair County, Illinois. Because of Covid, the panel for jury selection only consisted of 21 potential jurors, and only 6 jurors and 1 alternate ultimately heard the case.
Genavieve was able to get 1/3 of the jury panel struck for cause based on information that she could elicit from the potential jurors showing bias. At trial, the defendant and Allstate refused to accept responsibility for the collision and asserted that the plaintiff was contributorily negligent for not avoiding the crash or maintaining control of her vehicle. They minimized her cervical and thoracic strains as "whiplash" and tried to invalidate her pain and suffering. They highlighted the plaintiff's arthritis and negative imaging to try to diminish her damages.
Through cross-examination of the defendant on the stand with her deposition testimony, Genavieve was able to catch the defendant in her "prior inconsistent statements." (Ahem…lies). Plaintiff testified about the accident's impact on her life and stood up well to defense counsel's cross-examination.
Ultimately, the jury returned a verdict in favor of the plaintiff and against the defendant for $47,106.50, which comprised $17,106.50 in past medical expenses, $10,000 for loss of everyday life experienced, and $20,000 for pain and suffering.
This is Genavieve's third disputed-liability jury trial victory in cases defended specifically by Allstate.
Genavieve 3 – Allstate 0.
It was a four-year-long fight against Allstate, but Burger Law never gave up.
Mediation is the process in which a neutral third party, called a mediator, meets with both sides of a civil claim and facilitates the resolution of their legal dispute.
Mediation can often be very successful in settling cases, but the process is voluntary, and neither party is obligated to accept an offer or demand during the mediation. A mediator will help assess the risks involved and offer strategies for coming up with a mutually agreed-upon number.
Here's our step by step of how our office prepares for a mediation:
We recently achieved an excellent result for our client Jamie Jessop, who was seriously injured due to being rear-ended by Arturo Barragan while stopped at a red light in St. Louis. Jamie, unfortunately, ended up having to have surgery on his back as a result. Mr. Barragan, who rear-ended Jamie, had a $25,000 policy, and Jamie had $100,000 in underinsured motorist coverage through his own auto insurance company.
Mr. Barragan’s insurance company was uncooperative, and we were forced to file suit to recover his policy limit, even though Mr. Jessop’s medical bills exceeded the $25,000 limit. We ultimately were able to obtain the policy limit from Mr. Barragan’s insurance company.
Fortunately, Jamie also had an underinsured motorist policy totaling $100,000. An “underinsured” policy provides additional coverage if the driver responsible for the accident does not have enough insurance to fully offer coverage for injuries they cause.
These policies require settlement for the policy limit for the driver who caused the accident before the policyholder can make a claim. In Jamie’s case, we expected we were going to obtain the policy limit.
So, once we did so, we sent correspondence to Jamie’s insurance company informing them of the underinsured motorist claim and demanding the $100,000 policy limit, which we could obtain for Jamie. In total, we were able to get $125,000 for Jamie, the whole of all insurance coverage available.
More on that in the next newsletter!
At least I didn't say happy fall, y'all.
We had a blast yesterday going to a new pumpkin patch, Braeutigam Orchards – just west of Belleville and Eckerts in Illinois.
Great stuff in this email (and a bit morbid for Halloween) - dog bite claims and the law, an exploding house case we settled, and why you can't sue for wrongful death in Missouri if your grandparent passes.
Boo.
We have had quite some success in dog bite cases lately. Earlier this year, Genavieve secured a $305,000 settlement for our client, who was attacked by a Mastiff.
The dog was on a leash and appeared friendly, but when our client went to pet her, she jumped and bit our client’s face, causing injury, resulting in approximately $23,000 in paid medical charges.
Genavieve mediated the case while in claims, which is rare, and obtained this settlement without filing a lawsuit. At Burger Law, we LOVE dogs – I am usually fostering three at a time – but we still fight hard for our clients when attacked.
There are a few rules of thumb to follow when it comes to preventing dog bites:
Another important thing is never to underestimate a dog's size, even if you are its owner. The damage a dog bite leaves behind is often much more than physical. In addition to lacerations, broken bones, and bruises, vicious dog attacks can cause permanent damage and leave physical and mental scars that never heal.
The result of these attacks is even more devastating when they happen to young children. When you or a loved one suffers a dog bite's physical and emotional trauma, you will not simply accept a meager settlement offer. Still, you will work hard to demand and obtain the highest possible compensation for your lasting damages.
I was excited to act as master of ceremonies for the maximum lawyer conference in St. Louis with about 250 attendees from around the country. Had fun working on my business, learning from friends and teaching lawyers. Attorneys Jim Hacking and Tyson Mutrux created Maximum Lawyers. Over the years, this group has grown into a collaboration of attorneys worldwide to share ideas, resources, solutions, challenges, and triumphs of being a legal entrepreneur.
Members experience access to unmatched support for their firm visions, long-term planning, day-to-day practice management, and strategic growth through open-source information sharing and relationships with lawyers from all types of practice areas.
Our attorney, Michael Sheldon, got to sit down with our client Kelvin to discuss his experience working with Burger Law. Kelvin and Joyce were in their home when the house next door suddenly exploded. The force from the explosion forced Joyce against a wall and jolted Kelvin from a couch to the floor, causing bodily injury and damage to the Plaintiffs' home.
The exploded house was owned by a rental property and had been uninhabited for more than a month, as the previous tenants had moved out before the explosion. An arson investigator determined that the explosion was caused by a natural gas leak triggered by someone removing copper pipes connected to a water heater in the home.
The arson investigator also reported that other pipes leading to and from the water heater and the main water supply valve had been removed.
Our theory of liability was that the defendant's rental home company was negligent because they failed to turn the gas off in an uninhabited home and failed to properly secure the house to prevent an intruder from breaking in and stealing the copper pipes.
This was a tough case on liability because rental properties need to keep the heat turned on in the winter, or damage can occur to the property. Also, we had no direct evidence of someone breaking into the home and stealing the copper pipes.
A criminal act such as burglary can be considered a superseding intervening cause that cuts off liability to the rental property. Ultimately, we could get a good settlement for the Plaintiffs after filing suit but before the written discovery was complete.
Often, we lose the elderly people in our lives through no one's fault at all. Sometimes a heart attack, sometimes cancer, sometimes just "old age." Occasionally we are faced with the difficult decision of what to do if someone elderly in our lives dies due to someone else's negligence - meaning our loved one's death was caused by an individual or individuals who are responsible for his or her death. Whether occurring as the result of a motor vehicle accident, a doctor's mistake, or a nursing home's mistake, such a tragedy can prove a challenge when the family wants to hold the at-fault person responsible. The first question that may come to mind is, what can I do? A standard answer to such a question is to file suit. Various other options may be available, such as reporting a doctor to an investigatory committee or agency. If the family is seeking compensation for their loved one's loss, the best option is to file suit. The next question that comes to mind is who can file a lawsuit? Missouri has a statute (RSMo. § 537.080) that sets forth three classes of plaintiffs who may bring suit.
The classes offer a descending order of priority: class 1 plaintiffs can sue; if no one exists in class 1, then class 2 plaintiffs can sue, and if no one lives in class 1 or class 2, then class 3 plaintiffs can sue. This discussion explains a further division within the eligible class 1 plaintiffs.
The statute says suit can be brought "by the spouse or children or the surviving lineal descendent of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive."
To answer the question at the top, if your grandma died in a car accident, you might be able to sue, but only if your parent, who was her child, has already passed. If your mother or father has not died already, you cannot be the only plaintiff named in the suit. Your parents will need to be also named. For many families, this will not be an issue.
However, if there is a dispute over whether to file a suit or if the parent and child are estranged, this can cause conflict to keep in mind when deciding about filing a lawsuit and pursuing compensation.
I am so thankful of the great lawyers and legal professionals we have working together at Burger Law. We have really weathered a lot in the last two years.
We have successfully navigated this pandemic. I did not know it at the time, but the systems we put in place to run our firm set us up to work remotely during Covid and continues to be super effective. Then, when the pandemic started, we adapted and learned how to work remotely.
We constantly work on our communication with each other and our clients. We keep pushing our clients' claims and have had a great year of victories and successes. It’s great to be able to help our clients get good recoveries for their injuries.
Even though we have good systems, they need maintenance and change. So many cases are unique and need creative solutions. Sometimes it seems the world is getting colder and harder, so what we accomplish for our clients is a good and bright light for them.
So, a sincere thanks to Casey, Genavieve, Tyler, Michael, Mom, Jennifer, Rodney, Laura, Tiffany, Caylin and Taylor for your hard work and putting up with me.
Genavieve recently settled a phantom motorist claim for the stacked uninsured policy limits of $150,000. A phantom motorist claim arises when a negligent driver causes an accident, but you don’t know who the driver is.
Some examples include hit-and-runs, accidents caused by cargo following off of an unknown truck, or accidents caused by debris in the roadway. In these situations, you can file a phantom motorist claim through your own insurance policy’s uninsured motorist coverage.
Here, our client was a pedestrian lawfully crossing the street when she was hit by a car that fled the scene. We requested footage from nearby surveillance cameras but were ultimately unable to identify the at-fault driver.
Genavieve requested our client’s own car insurance declaration page to determine the amount of uninsured motorist coverage available if the at-fault driver could not be found. Genavieve noticed that two vehicles in the household were covered on the policy – one with $50,000 uninsured limits and one with $100,000 uninsured limits.
In Missouri, you can “stack” or combine uninsured motorist limits, so it is essential to investigate all potential sources of insurance coverage. Genavieve confirmed that there were $150,000 in coverage limits available. Our client sustained a fractured shoulder and labral tear. Rather than undergo surgery, she pursued extensive physical therapy and had injections.
Ultimately, she incurred approximately $58,000 in medical charges, with only about $11,000 paid and owed. Although our client had no immediate plans to get surgery, there was a possibility that she might elect to repair her labrum down the road.
Genavieve estimated that future arthroscopic labral repair, surgical anesthesia, and post-surgical physical therapy could cost approximately $48,000. Hence, she included those figures in the settlement demand letter to add value to our client’s claim.
She also had $13,816.00 in wage loss damages. Genavieve submitted a settlement demand for the $150,000 stacked policy limits with a 90-day deadline to respond.
On the 88th day, our client’s insurance company offered the full $150,000. If you are injured in an accident with a phantom motorist, Burger Law is happy to help navigate the insurance issues and do all we can to maximize the value of your claim.
I gave a talk at the Maximum Lawyer conference a couple weeks ago. If you run a law firm or want to, join Max law and listen to the podcasts. Here's some notes from my talk:
How to run a firm and get a $113,714,632 million verdict
You have to have a system for running a firm and trying cases and maximizing the value of your cases. Here’s what I learned about myself and my firm in trying the Hootselle case:
Build a great team and system in your firm for trying cases and running a business.
Take risks in your business – take and try the big cases.
I am only going to live once. My why is to fight for the little guy against the bullies. I want to be the CEO who has the amazing systems and has KPI automatic charts showing all this stuff. And coming here makes me focus on those more. But honestly, I like being a trial lawyer.
But run a kick ass business
I have great lawyers and staff that I work with. We push to get good results for our clients and push legal envelopes.
Keep everything else going – but do more. If you want to get something done, ask a busy person.
Be funny.
Be gracious and honorable.
Have Serenity.
Really surrender to the idea that you can only control what you can control – that you could lose the whole thing. When the jury goes to deliberate, I am done and relaxed, regardless of what the verdict is.
Then when you see the verdict – be open to learn the lessons from it – acceptance is the answer to all your problems today.
Acceptance is the answer to all my problems today. When I am disturbed, it is because I find some person, place, thing or situation - some fact of my life - unacceptable to me. I can find no serenity until I accept that person, place, thing or situation as being exactly the way it is supposed to be at this moment. Nothing, absolutely nothing, happens in God’s world by mistake.
How I work with other people and firms.
Pretty well, but it can be hard when there are a lot of leaders in the group. I have to share – I get to share. Success has a thousand masters – failure has none.
Cases happens and life happens.
Live your full and best life.
Humility and gratitude.
Case is a constant study for me on my ego and my humility and gratitude. All glory is fleeting – really true.
Think about all those class members who are really counting on that money – college tuition for a kid, retirement, and now dead, new house or car. Justice delayed is justice denied. They all went to work today.
Relax into your power and legal ability – your Ego.
Proud of the novelty of the case – breach of contract case to get around sovereign immunity -Became real expert in sovereign immunity.
This case is like a book and life – any imaginable twist and turn – it’s happened. Now going to go and retry it - got the amount of the verdict reversed but the court said we were right on sovereign immunity, having a contract, its breach, having a class and that some of the work these officers do is compensable. All of it could be. The court is to determine compensability on the rest and recompute damages accordingly.
This case is a constant lesson in ego and humility and gratitude. It’s for me to be open to the lessons. God would not give us traffic unless he wanted us to learn patience. Failures make us appreciate success and learn.
Flower blooms when ready – but up to me to fertilize my soil, look for sunshine and find water and sustenance so I can continue to bloom when the opportunity arises.
And be a kick ass trial lawyer.
Won’t be every time, but that’s ok.
On November 3, I hosted my "Ask A Lawyer" Facebook Live show. This is an event where I answer the audience's questions live. During the show, an officer asked about an update about the Missouri Department of Corrections case.
The Missouri Supreme Court affirmed in part and vacated in part the trial court's judgment - and remanded it back to the state court for a new trial. This was a unanimous decision of all six Judges handed down June 1, 2021.
The case was transferred from the Supreme court back to the trial court. We appeared before our new judge and set the trial of the case on June 11, 2022, in Cole County Circuit Court.
While we love dogs here at Burger Law, we also represent people injured from dog bites and attacks. I recently obtained an excellent settlement for our client, Ruth, viciously bitten by a dog several times.
Ruth was helping someone she knew move into a new home in Illinois when the dog owner’s German Shepherd got loose and unexpectedly bit Ruth on the arm and back. Our client suffered severe physical injuries as well as emotional trauma.
We investigated the incident, obtained animal control and police reports, and demanded the case. However, the insurance adjuster made a low offer because they claimed Ruth was partially at fault for the attack and that some of her medical bills were unrelated to the dog bites.
So, we filed a lawsuit, completed written discovery, and took the defendant’s deposition. A vital issue was that the defendant claimed Ruth tried to grab the dog before the attack. Ruth, however, strongly denied this.
Under Illinois dog bite laws, a dog owner is strictly liable when their dog, without provocation, attacks a person in a place where the victim had a legal right to be. In this case, the defendant tried to deny liability by alleging that Ruth provoked the dog.
We were able to identify and interview several witnesses who would testify that Ruth did nothing to provoke the dog. This helped us negotiate a great settlement of $110,000 for Ruth.
At Burger Law, we always fight to get the best possible result for our clients.
My last email talked about how thankful I am about my coworkers and the great work they do.
I am psyched for Thanksgiving next week to travel and have some family time. We are going to Angel Fire, New Mexico to hang with my in-laws and their great family.
I happen to be a vegetarian, as is my wife and two of our kids. People ask how we do Thanksgiving. Well, we do it very well. Rather than turkey, we get to eat all the sides and desserts.
Which is the best part of it anyway. Think about all the food we eat on Thanksgiving – and how little of it is meat. Anyone interested in making this a meat free Thanksgiving?
Regardless, have a great T Day.
And speaking of animals - to give back a little bit, our whole firm is taking off work at noon this Friday to do a volunteer day at Gateway Pet Guardians.
They are truly Beyond Rescue. They are located in East St. Louis and lead the animal welfare industry by investing in people and the community to end the cycle of animal homelessness.
They take in strays, offer free vaccination and veterinary car, rehome great animals and provide free pet supplies with their partners. But they also go into the community to provide resources to help pet owners keep their pets and keep them healthy. They work hard to remove barriers to foster and adoption.
Thanks.
Below is the very robust news of the firm over the last couple weeks.
Last time I shared the story about a recent settlement regarding a dog bite case. I'll share a brief description of what happened for those who don't recall.
Our client Ruth was helping someone she knew move into a new home in Illinois. The owner's German Shepherd got loose and unexpectedly bit Ruth on the arm and back.
Ruth suffered severe physical injuries as well as emotional trauma. We did some investigating, interviewed some witnesses, and got an excellent settlement for Ruth.
Ruth was able to stop by our office downtown to collect her settlement. We're happy to share that she's doing well.
Taylor and Jennifer have been working hard! We were able to get back-to-back settlements for several clients this past week.
Joe Rice
We represented Mr. Rice in an accident on Highway 44 in St. Louis County. Another driver lost control of his vehicle, crossed multiple lanes of traffic, and crashed into Mr. Rice's car. Fortunately, Mr. Rice was not seriously injured, and his recovery went well with conservative medical treatment.
After the adjuster did not make a serious offer to compensate Mr. Rice, we filed suit. Fortunately, the assigned counsel viewed the case more realistically, and we were able to quickly reach an amicable settlement for $15,000.
Joe paid us a very high compliment with respect to our representation when he referred his mother to us.
Jonathan Starbuck
We represented Mr. Starbuck in a rear-end motor vehicle accident. Mr. Starbuck, unfortunately, had many pre-existing health conditions that the insurance company wanted to claim were the sole cause of his pain and suffering after his accident. After continued negotiation, we were able to more than double the settlement offer, and we were able to settle Mr. Starbuck's claim for $30,000.
Matthew Pantaleo
Mr. Pantaleo suffered a back injury while working for the State of Missouri. Despite receiving a 15% disability rating from the State's doctor, we were able to increase the settlement offer to 25% and settle Mr. Pantaleo's case for an amount he is pleased with.
Cedric Mason
Mr. Mason was riding as a passenger in his girlfriend's vehicle when an unidentified driver forced her off the road into a light pole. The driver that caused the crash left the scene. We were able to secure Mr. Mason the policy limit of $25,000 for uninsured motorist coverage for his injuries.
Here at Burger Law, we take on any cases, big or small, and we’re happy to get the settlements our clients deserve.
The loss of a loved one is immeasurable, and it’s more difficult when it’s caused by the negligence of another person or company. I did a video the previous week and broke down the process of how to find out if you have a wrongful death claim in Illinois.
Wrongful death claims are difficult in Illinois, people have two years from the day of death to file their claim. However, in Illinois, the big question is who can file this claim, in Illinois the court appoints a personal representative to pursue the claim, it’s always a close family member.
In Illinois, you are entitled to damages for grief, pain, and suffering loss of income or the re-educate capacity of income due to your loved ones' untimely death. The law is placed here to help these family members move forward and begin their healing process during these challenging times.
On the topic of wrongful death, I was asked by one of my employees about what would someone's rights be in recovering damages in a wrongful death claim if they are a member of the LGBTQ community.
Regardless of what state you are in, people are entitled to make a claim. The barriers that were once there before are gone. The law is constantly changing or being updated to fit our modern society.
These types of claims are hard to do, but they are necessary. When people come forward to make these claims, they are getting justice for their loved ones and making their community safer. Here at Burger Law, we are ready to help people begin the process or just answer any questions. Call us at [wdac-phone].
Collisions involving tractor-trailers often cause serious injuries, and because of the commercial insurance coverage available, companies tend to fight these claims hard.
When involved in a truck accident, it is crucial to hire an attorney immediately so that they can send out a spoliation letter to the truck company and ensure that they preserve valuable evidence, such as dashcam footage, and various forms of electronic data through GPS systems, radar collision warning systems, the electronic control modules, and accelerator recording systems.
That is what Burger Law did in Lisa’s case, and we were able to obtain video of the collision proving that the truck driver was at fault.Lisa was driving in the left lane on Highway 44 on a rainy day when a truck in the right lane ahead of her failed to slow down for traffic and abruptly changed lanes, cutting her off.
This forced Lisa to skid out of control and run into the median. As a result of the crash, she sustained a concussion and partial tear of a ligament in her knee. She had $38,000 in paid and owed medical bills.
Despite the dashcam video, the truck company claimed Lisa was speeding and partially at fault and only offered $50,000 to settle her claim. After months of negotiation, Genavieve resolved Lisa’s claim for $162,500. If you know someone involved in a truck accident, be sure to act quickly so that valuable evidence isn’t lost or destroyed.
Welcome to the last month of the year. Hard to think it’s December with the really warm weather we have lately and this week.
We are super busy at the firm - depositions, court hearings and settling cases. Below are articles about a great settlement, funny turkey jokes friends of the firm supplied in a contest on Facebook we had last week, and our volunteer day we had at Gateway Pet Guardians. At the volunteer day, I took home a cat to foster – meow. She is really sweet. If anyone is looking to adopt a cat, call me at [wdac-phone].
On my Thanksgiving trip to New Mexico last week, we had a blast. We also got to go see a really unique place called Meow Wolf. It’s an artsy, adventure unique attraction – the brainchild of Games of Thrones author George R.R. Martin.
On November 19, the firm and I took the afternoon off to do a volunteer day at Gateway Pet Guardians. We spent the day cleaning and setting up some dog houses and cat towers. These items were given to the shelter from Chewy.
They have a great deal with them that any returned item Chewy receives goes directly to the shelter; people can visit Gateway Pet Guardian and get new toys, beds, and more at discounted prices. All purchases go immediately back to the shelter as a form of donations.
Gateway Pet Guardians' goal is to keep pets and people together. They provide lifesaving operations for animals in need and a place for the community to have the resources to keep their pets; this includes a free pet food pantry and a free spay/neuter program.
I've been involved with Gateway Pets Guardians for a while now, so I was happy to bring my team to the shelter for the day. They were all excited to participate and are looking forward to coming again to help them out in the future.
Organizations like this need all the help they can get; they are really changing lives for the better, which is why I've included where you can make a donation. These donations help keep their programs going, and more animals can find their forever homes.
We do a lot of giveaways here at Burger Law. During the holiday week, we gave Blues Tickets to whoever told the best Thanksgiving joke, our winner was Kelen Deffendall. Here are some of the best we heard:
Winning joke: My family told me to stop telling Thanksgiving jokes, but I said I couldn't quit cold turkey!
What's something usually insulting, but not on Thanksgiving? A family member giving you the bird!
What was the turkey suspected of? FOWL PLAY
What happened when a turkey got into a wrestling match with a chicken? He got the stuffing knocked out of him.
A young man who worked at a grocery store had just finished stocking the turkeys in the freezer when a woman approached and asked, “Excuse me, do these turkeys get any bigger?” “No ma’am,” he replied. “These turkeys are dead.”
What did the turkey say to the computer? GOOGLE, GOOGLE, GOOGLE
"What's blue and covered in feathers?" "A turkey holding its breath."
What did the mother turkey say to her disobedient children? If your father could see you now, he’d turn over in his gravy
What do you call a running turkey? Fast food
Winter is fast approaching, and with that comes the increased risk of cold weather, icy conditions, and slip and falls. Slip and falls can be tough cases, but Burger Law has a long track record of obtaining great results for our injured clients.
Genavieve recently settled a slip and fall case for $117,500. Our client had slipped and fallen on a trail of ice that formed from a drainage pipe on a commercial property. She fractured her wrist and incurred approximately $30,000 in medical charges (with ~ $6,000 paid and $1,800 owed).
Because of confidentiality terms in the settlement agreement, we cannot release the names of the parties, but we filed a lawsuit against the property owner, and the property owner joined their snow removal company as a third-party co-defendant.Depending on who was responsible for maintaining the property, the property owner, or snow removal company (or both!) may be liable for negligently failing to warn of, or remove, the dangerous slippery condition.
Here, the defendant property owner asserted third-party claims against the snow removal company for breach of contract and contribution/indemnification, alleging they failed to pre-treat, warn of, and remove the ice, as required by their service contract with them. Our case settled globally with both entities and our client was very happy with the result.
What a year it’s been – super busy for everyone from the looks of it. Hope everyone reading this has a great holiday and new year. We just accomplished a firm goal I set – to settle 60 cases from October to now and get those clients their money by Christmas. Well, Mission Accomplished.
Below, I discuss another settlement, talk with a friend for whom I tried a case, the Freedom Suits Memorial Project and my Ask a Lawyer Facebook show every other week. But first, We had a blast at our Burger Law Holiday Party – this year to see the Blues.
It was quite a treat to see left winger Nathan Walker score a hat-trick in his 2021-22 regular-season debut in the Blues’ 6-2 win against the Detroit Red Wings. He had been recalled from the AHL's Springfield Thunderbirds earlier in the day.
Our work with Gateway Pet Guardians continued up to today. We fostered an 8-year-old cat, who was rescued in East St. Louis. Happily, she was adopted and had moved to a great home.
And today I dropped off two puppy pit bulls who will go to their forever home today. These pit mixes have powerful blue eyes. Here's one of them being introduced to our awesome cat by my son. If anyone needs help finding a good match for a slightly used pet for their home for the holiday or in 2022 – let me know.
The Freedom Suits Memorial Project is dedicated to 400 courageous slaves who filed suit in Missouri Courts for their freedom and were assisted by lawyers working without pay.
The Freedom Suits Memorial Steering Committee announced that they are partnering with the Bar Association of Metropolitan St. Louis (BAMSL) to unveil a 14-foot-tall bronze sculpture. The unveiling took place on May 2, 2022.
The sculpture is located at the Civil Courts Building downtown, aligning with the Gateway Mall and the Old Courthouse, where most of these suits were tried. This project was inspired by many who told their account and experiences suing for their freedom, but none are more famous than plaintiffs Harriett and Dredd Scott.
The Scotts filed suit 57 years after the Emancipation Proclamation – and it was of course a challenge for a slave to get to court. Still, once there, these slaves had a legal precedent "Once Free, Always Free."
They hoped to abolish slavery without a violent struggle by taking these matters to court. These lawyers freed many slaves, including Harriett and Dredd Scott. However, the Scotts had a more difficult time suing for their freedom. The Scotts original owner had died while their case was pending, so the owner's widow and her brother appealed the St. Louis verdict, which went all the way up to the Supreme Court.
The decision that was made is considered the worst in the history of the Supreme Court. It held that all people of African ancestry — slaves and those who were free — could never become citizens of the United States and therefore could not sue in federal court. The court also ruled that the federal government did not have the power to prohibit slavery in its territories.
Genavieve recently obtained a $90,000 car accident settlement for our client arising from a crash in Marion, Illinois. The at-fault driver only had $25,000 in coverage, so we were able to secure that compensation and obtain an additional $65,000 through our client’s underinsured policy.
As is typical in Illinois, the UIM policy’s $100,000 limits were reduced by the $25,000 paid by the at-fault driver, so there was actually only $75,000 in additional coverage available.
Our client had $12,000 in outstanding medical bills, so she is thrilled with the result.
I got the chance to sit down with a past client to talk about her experience with myself and my firm. Amy came to us a while ago and we tried her and her families' case at the end of 2018. She and her family were in a dire situation and didn't know what steps they needed to take in their case.
After searching the internet for attorneys, she found us and called right away. We answered and began our work of assisting her and her family.
Medical errors are the third leading cause of death in America. These medical errors can occur from surgeries that lead to wrong results, improper medication, trips, slips, falls, and a doctor not paying attention to a patient's complaints.
We restarted our Ask A Lawyer show a few weeks ago and have been able to provide a lot of answers to questions.
Tune in every other Wednesday and ask a question. Or go to our YouTube page for answers to hundreds of questions.
Is it me, or is time going by even quicker now with the pandemic? Another new year, goals, renewal, etc.
Especially with the Omicron variant of corona. Almost two years into this thing and we are now setting records. Now. Again. It’s like Groundhog Day.
I have many friends vaccinated and boosted who are getting corona. Some of our employees are out sick with it. We are fearful and exhausted with this.
And Flurona - Influenza and Corona at the same time. But thankfully, as a firm we are still working away and getting great results. It’s always changing though. I had intended to have folks in the office more after the New Year – instead, I shut our office down this week at the last minute.
Working from home myself this week. Below discussed is a class action settlement, some car crash settlements and FAQs we get about needing a lawyer and which lawyer to hire. One thing new and different this week is that I installed a solar energy system on my house. Shout out to Straight up Solar for their great work. Stay safe out there.
I recently had the pleasure of representing hundreds of correctional officers in a collective action under the Fair Labor Standards Act (FLSA).
We filed the case in federal court alleging the employer required my clients to perform pre- and post-shift duties off-the-clock without pay. We represented about 350 officers at four prisons where Management Training Corporation was hired to provide prison staffing.
We litigated this case for over half a year conducting written discovery. We then requested that the Court stay litigation and allow the parties to mediate the case. Before mediation, we distributed an online survey to the hundreds of correctional officers asking what pre- and post-shift duties they performed and how much time it took. We also hired an expert statistician to calculate the damages of the class.
After all this work, we were able to successfully mediate the case. We were honored to represent the correctional officers and proud to get a great settlement of $130,000!
Similar to our case in Missouri, corrections officers entering the correctional facilities where they work, and prior to proceeding to their work assignment posts, my clients were required to pass through security screenings, retrieve equipment including handcuffs and pepper spray, verify their identity, receive job assignments, pass through security gates, walk to their post and receive a pass down briefing from the prior shift.
They were also required to do much of this activity after leaving their posts.
The FLSA requires that employees be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
In addition, under the continuous workday rule, compensation is required from the first work-related activity through the last, even if activities in between might not otherwise be compensable. We alleged that pre- and post-shift duties are integral and indispensable to correctional officers’ primary job duties and therefore compensable.
The damages and recovery in this case was limited because MTC stopped its practice of not paying for pre and post shift work after we filed suit. And they had a good argument that they should not have their damages doubled as they had a district court ruling approving their conduct. But that decision was reversed in 10th Circuit Federal appellate court ruling.
Laura is a super talented and hardworking paralegal at our office. She had the chance to sit down with one of our clients to discuss a settlement in a car crash case. Yes, this was recorded before Omicron and all were vaccinated and boosted.
Lisa came to us after a horrific car accident involving a truck driver. As Lisa passed the truck, the truck driver suddenly went into Lisa's lane and collided with her. Lisa was pushed into the median and crashed. Fire and rescue arrived on the scene and found Lisa's car on fire and had to use the jaws of life to rescue her from her car.
With amazingly few injuries, we were able to get Lisa a great settlement and are happy to see her doing well now.
Genavieve recently obtained a $25,000 policy limits settlement for our client in a minor car accident case after the insurance company initially denied the claim completely.
The accident was a hit-and-run, but our client was able to obtain the driver’s license plate and track him down. However, his insurance company asserted that its insured’s vehicle did not make contact with our client’s vehicle at all based upon the at-fault driver’s own statement and photos of the property damage.
This became a classic “he-said, she-said” scenario. After doing some digging, Genavieve and her client discovered that the at-fault driver had a loooooong criminal record, with over 34 misdemeanor charges and a suspended license.
We sent a second bad faith letter demanding the policy limits and attached a printout of the driver’s public criminal history. We pointed out that their insured was not credible considering his track record.
In response, the insurance company changed its position and offered the full $25,000 policy limits to settle our client’s claim. She only had $2,580 in paid medical charges, and is thrilled with the result.
Get ready for a big snowfall this week.
The silver lining of working from home (partially) during the pandemic is that our firm operates just as smoothly remotely as in the office. Below, I talk about our latest Burger Law Stop Bullying scholarship winner and a settlement. But first, Braggin' Rights and differences between Illinois v. Missouri injury law.
Note that although I can say Braggin' Rights – I cannot say Super Bowl. So silly. Unless I pay the NFL for the privilege.
Illinois beat Missouri 88-63 in this year’s matchup. It’s always a fun game to go to and a great rivalry – of course I root for my alma mater, Mizzou. Illinois has won the Braggin' Rights game 33 times and Mizzou 19.
This prompted me to do an article about my top 10 differences between Illinois and Missouri law in the personal injury cases our firm handles. I have been an Illinois and Missouri lawyer for 29 years. All our lawyers are licensed in both states.
Q: Would you rather be in Illinois or Missouri for your injury claim?
A: It depends (such a lawyer answer)
Illinois has a 2-year statute of limitations to file a lawsuit for Injury Claims. (735 ILCS 5/13-202).
Missouri has a 5-year statute of limitations to file a lawsuit for general negligence (RSMo. § 516.120); a 2-year SOL to file a lawsuit for medical malpractice (RSMo. § 516.105); and a 3-year SOL to file a lawsuit for wrongful death (RSMo. § 516.105).
The Illinois Pattern Jury Instructions for wrongful death allow a plaintiff to recover damages for grief, sorrow and mental suffering resulting from the loss of the decedent. (IPI 31.01).
The Missouri Approved Jury Instructions do not allow such damages in a wrongful death case. (MAI 5.01).
In Missouri, there is a legislative cap on noneconomic damages recoverable in medical malpractice cases. Noneconomic damages include pain and suffering, disability and disfigurement. The current cap for non-catastrophic injuries is $450,098 and the current cap for catastrophic injuries is $787,671. (RSMo. § 538.210.8). The statute provides for an annual increase in these caps of 1.7 percent. Illinois does not have statutory caps on noneconomic damages in medical malpractice claims or any types of cases.
Illinois and Missouri have different laws concerning comparative negligence. Illinois follows the “modified comparative negligence” rule which holds that an injured party may recover damages only if he or she is less than 50 percent at fault for the injury or damages. (735 ILCS 5/2-1116).
Missouri, on the other hand, follows the “pure comparative negligence” law which places no cap on how much an injured party can be found at fault and still recover damages. (RSMo. § 537.067). In both states the injured party’s damages will be reduced by the percentage of fault the jury assigns them.
In Illinois, an attorney’s contingency fee in medical malpractice actions is capped at 33 1/3 percent of the total recovery whereas in Missouri there is no such cap.
Under the Missouri lien reduction statute, if the liens of medical providers exceed 50 percent of the injured person’s recovery, each medical provider is entitled to share in up to 50 percent of the recovery on a pro rata basis. Importantly, any medical provider who receives benefits under the statute is forever barred from pursuing the injured party for additional costs. (RSMo. § 430.225).
In Illinois, the Lien Act caps the total amount of all liens at 40 percent of the injured party’s recovery. However, there is no bar to the medical provider pursuing the balance of the medical costs from the injured party if they receive benefits under the statute. (770 ILCS 23/1, et. seq.).
Under Illinois law, a plaintiff may present evidence to a jury of the amount of medical bills charged by medical providers who treated the plaintiff, whereas in Missouri a plaintiff may only submit evidence of the “actual cost” of medical care, or the amount actually paid.
In premises liability cases involving snow and ice, Illinois and Missouri hold property owners to different standards of care. In Illinois, when a property owner knows or in the exercise of reasonable care would discover the condition and should realize the condition involves an unreasonable risk of harm, he or she can be liable for the harm caused by the snow or ice.
Missouri has a broader standard—when a property owner knew or by using ordinary care could have known of the dangerous condition, he or she can be liable.
In Missouri, a plaintiff is allowed to enter medical records in evidence with a business records affidavit, provided the plaintiff serves all parties with copies of the medical records and business records affidavit at least seven days before trial. (RSMo. § 490.692).
However, Illinois does not have a statute which allows medical records to be entered into evidence with a business records affidavit. Consequently, in Illinois you either have to take subpoenaed records depositions of the medical provider, get the other party to admit to admissibility by serving a request for admissions, or have the other party stipulate to admissibility of the medical records.
Under the Missouri Rules of Civil Procedure, a party must disclose expert witnesses in written discovery by providing the expert’s name, address, occupation, place of employment, qualifications to give an opinion, the general nature of the subject matter on which the expert witness is expected to testify and the expert’s hourly deposition fee. (Mo. R. Civ. P. 56).
Under Illinois Supreme Court Rule 213(f) independent expert witnesses and controlled expert witnesses are disclosed differently. A party must disclose an independent expert witnesses’ identity and address, the subject matter of the expert’s testimony, and the opinions to which they are expected to testify. For controlled experts, a party must disclose the same information required for independent experts plus the qualifications of the controlled expert and any reports prepared by the expert about the case.
The devastating impact of personal injury accidents often extends beyond the physical injuries and mounting medical bills. They are more than just an inconvenience. Many of our clients miss time from work and temporarily lose the ability to provide for their families. Recoupment of lost wages is another component of damages that Burger Law will seek when handling your case.
Genavieve recently obtained a $50,000 policy limits settlement for our client who sustained injuries when struck by a car as a pedestrian.
Our client was exiting Ameristar Casino as the at-fault driver was attempting to enter the parking area. The at-fault driver was denied access through the parking lot gate and reversed his vehicle, striking our client.
Our client suffered from neck, back and shoulder strains, and incurred $15,000 in medical charges. In addition to his medical expenses, he also lost wages as a result of the at-fault driver’s negligence. He was working as a photographer who does portrait photography, weddings, and photo shoots of homes for a real estate company. Because of his severe pain, he had to cancel several appointments and shoots.
He lost clients, business relationships, and future business opportunities as well. We were able to produce voicemails and text messages proving our client’s future missed job opportunities, which added significant value to his claim.
If you are ever in an accident and miss work, it is important to keep any evidence you have to corroborate your losses, even if they are casual text messages, calendar entries, email reservations, or voicemails.
Luckily our client is on the mend, and the $50,000 settlement he received will go a long way in making up for the work that he lost.
Thanks for reading.
-- Gary Burger, Personal Injury Attorney
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