If you have been seriously injured due to the recklessness or negligence of another person, you may be entitled to compensation for the damages you sustained. Negligence is conduct by an individual, business or government entity that is unreasonable under the circumstances and that causes harm. When another person places you at risk due to their actions (or inactions), and you sustain an injury, liability laws may be applicable. Personal injuries are not necessarily always physical. You can suffer from mental injury as well. For instance, if someone subjects you to severe emotional abuse and causes you a great deal of distress, he/she is liable for causing you injury.
If you have suffered due to the negligence of a third party, you have the right to file a personal injury lawsuit to recover everything you have lost as a result of that person’s negligence. You are entitled to compensation for your medical expenses such as doctor, medication, and hospital bills. You can also recover damages for any physical pain and suffering you have incurred, your out of pocket expenses, your mental and emotional anguish, your lost wages, benefits, and other forms of compensation.
There are a number of procedures that must be dealt with when entering into a personal injury lawsuit. This is not an easy task to do alone. You will want the help of an attorney to ensure that your lawsuit is lucrative. At Ketchmark and McCreight, P.C. we have the experience necessary to help you with your case. Call today for a free consultation.
Auto accidents are the leading cause of death for Americans under the age of thirty four. According to annual statistics, 40,000 deaths will result from auto accidents; which means 115 vehicular fatalities occur on a daily basis. 150 billion dollars is spent on auto accidents per year. These staggering statistics indicate that most people will be in a car accident at least once in their lifetime.
If you become involved in an auto accident, you should call the police immediately, even if it appears that no injuries were sustained by either party. The police will create an auto accident report which will be useful when the insurance company has to determine fault. You will also want to seek out the help of a medical professional, despite the fact that there may not be any obvious physical injuries. Claims for damages resulting from injuries incurred during the accident usually depend on medical records, which must link the injuries to the accident. If you wait too long to seek treatment, it will be difficult to prove your injuries were a direct result of the car accident.
Auto accidents can be devastating. The physical consequences can range from whiplash to more serious injuries such as brain damage. Unfortunately, the stress of being in a car accident doesn’t end after the collision. You may still have to deal with insurance paperwork and police reports, and that can be mentally taxing. If you suffered from personal injuries or property damage because of an auto accident, it is in your best interest to consult with one of our expert attorneys. You are entitled to seek damages for the cost of medical treatment, loss of property, and loss of wages. At Ketchmark and McCreight, P.C. our knowledgeable attorneys will discuss your situation and go over your options with you. We also will work with the insurance companies and other parties involved in your case to make sure all your needs are met in a timely and effective manner.
A great percentage of auto accidents include large trucks. A large truck has a weight of over 10,000 pounds. Auto accidents that involve large trucks are more likely to cause severe injuries, even fatalities. This is due to the truck’s weight and size. Big rigs, 18 wheelers, and trailers can weigh in excess of 80,000 pounds. If they collide with an automobile, fatal injuries are likely. Statistics show that 10% of the parties involved in truck accidents will die. Many times, truck accidents include multiple vehicles, whereas car accidents tend to be more one-on-one. This is yet another reason that truck accidents are so severe in nature.
Both the state of Missouri and the Federal Government have laws that protect automobile drivers from the recklessness of truck drivers and their employers. Truck drivers are required to follow a certain protocol to ensure that they are operating in optimum condition. They must be well rested so that they do not experience fatigue. Truck drivers also must follow outlined speed and lane changing regulations. The trucking company has responsibilities too. For example, the company must ensure certain standards are met when it loads the truck with materials. All of these precautions are necessary, and they must be implemented each time a truck driver hits the road.
Truck accidents are lethal, and there are many reasons why they occur. If a truck driver is at fault for instigating a truck accident, further inspection may be required to determine if negligence is an issue. Negligence can be on the behalf of the truck driver or the truck driver’s employer. Regardless of who is at fault, responsibility must be taken for careless actions.
If you or a loved one has been involved in a truck accident, immediate legal attention is crucial. You will want to start building your case with a legal team that has the knowledge and background to ensure success in the court room. At Ketchmark and McCreight, P.C. our lawyers specialize in personal injury cases. Our aggressive team has been instrumental in the success of many personal injury cases throughout Missouri. Being involved in a truck accident is devastating, fighting for damages shouldn’t be. Let us help you seek the compensation you deserve.
Wrongful death is a term used to describe a death caused by the negligence, recklessness, malpractice or inaction of another person. In some cases, the family or beneficiary of the decedent can file a personal injury lawsuit on behalf of a loved one. These lawsuits help the family recover from the losses they incurred due to the wrongful death of their loved one.
Civil lawsuits allow for the family of a wrongful death victim to be compensated for their individual pain and suffering, funeral costs, lost wages, grief, lost of companionship, medical expenses and punitive damages (to punish wrongdoers and prevent them from causing harm to others). Immediate family members such as parents, spouses, and children are almost always eligible to file a wrongful death claim. In some cases, other family members such as stepparents, grandparents, and dependents may also be permitted to file a wrongful death lawsuit.
If you have suffered the wrongful death of a loved one, due to an injury resulting from the negligence, recklessness, or misconduct of a person or company, you should contact our firm right away. Certain time and legal limitations could prevent you from filing your wrongful death lawsuit if you do not take action within a set timeframe, according to Missouri statutes. At Ketchmark and McCreight, P.C. we will provide you with accurate facts, sound legal advice, and full commitment to your individual case. We understand the hardship that comes with losing a loved one, especially when it is an instance of wrongful death. We want to make your lawsuit easy, quick, and painless.
According to the United States Equal Employment Opportunity Commission (EEOC), in all instances of employment, an employer must treat an employee equally with respect to their gender, age, race, sexual orientation, marital status, pregnancy, physical or mental disability, and medical conditions. The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the Federal and State Government to discriminate. These Amendments also guarantee that individuals will receive equal protection of the law. The law does not tolerate any form of discrimination.
Employment discrimination is a type of bias that usually impacts an employee economically. The employee may not receive a promotion or he/she may get demoted, suspended, terminated, or lose his/her hard earned benefits. While these instances of discrimination are prohibited by the state of Missouri and the Federal Government, they may not be enough to constitute legal action unless a variety of other factors are taken into consideration.
Discrimination has become a very misunderstood term in most workplaces. Being a member of a protected class is not enough for a discrimination case. Protected classes include, but are not limited to: minorities, females, people with mental and/or physical disabilities, or people over 40 years of age.
Due to the trickiness of discrimination laws, it is not wise to take legal action alone. If you feel you have suffered from employment discrimination, you should consult with one of our qualified attorneys at Ketchmark and McCreight, P.C..
Have you been a victim due to the violation of employment laws? Have you been subjected to any form of sexual harassment, wrongful termination, or employment discrimination due to your gender, race, age, or disability? If an employer has done anything to compromise the employment laws set forth by both State and Federal Government, you as an employee, are entitled to defend your civil rights by seeking the advice of a credible attorney. Employment law clearly states that any form of employment discrimination is illegal. These laws demand that employers treat their employees with fairness, respect and in a manner that is not offensive. Employment law defines areas of discrimination as follows:
Sexual Harassment - unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive workplace.
Wrongful Termination – firing an employee due to race, age, gender, or another illegal reason; that is considered wrongful termination.
Discrimination – treating one or more employees less favorably than other employees because of their race, color, religion, national origin, gender, actual or perceived sexual orientation, age, or disability.
You do not have to tolerate an employer’s unethical treatment in the workplace. At Ketchmark and McCreight, P.C. our experienced lawyers can help you sort through the complexity involved with employment law cases. If your rights have been violated, we can help you pursue legal action.
Sexual harassment is a form of discrimination and it is extremely illegal according to both Missouri and Federal Laws. Unsolicited sexual advances, requests for sexual favors, and other verbal (slurs, derogatory comments, or comments about a person’s body and appearance) or physical (assault, blocking movement, or bodily interference) conduct that is sexual in nature is considered sexual harassment. If lack of submission to an offender’s requests or sexual advances has affected your work or performance at your workplace, or if your workplace has become more hostile and threatening, you need to contact our firm immediately and speak with one of our experienced sexual harassment attorneys.
Remember, sexual harassment can occur in a variety of instances, and is a direct violation of your Civil Rights. The offender can be a man or a woman. Sexual harassment is not gender exclusive. The victim can be of either sex. The offender can be the victim’s supervisor, co-worker, or even a non-employee. The victim may be sexually harassed directly or affected indirectly by the sexual harassment taking place. Suspicious looks, offensive gestures, and obscene pictures/drawings are also instances of sexual harassment. All of these situations merit concern and legal action, especially if you have reported these occurrences to your employer and nothing was remedied.
At Ketchmark and McCreight, P.C. we understand how daunting it can be to deal with sexual harassment in the workplace; that is why we strive to provide our clients with the best legal counsel available. Our dedication to individual cases and histories, expert knowledge, and years of practice has produced exceptional legal and economical outcomes for clients all throughout Missouri. You have the right to take legal action against sexual harassment in the workplace. Let the attorneys at Ketchmark and McCreight, P.C. help you seek the results you deserve.
Products liability refers to the responsibility of all parties along the chain of manufacture of any product for any damages that are caused by that product. This includes the manufacturer of a product’s parts, assembling manufacturer, the wholesaler, and the retailer. The manufacturer of the product’s components is generally at the top of this chain and the retailer tends to be at the bottom. Products that are inherently defective can cause harm to the consumer of the product. Typically, products are considered personal property, but products liability has expanded that definition to include things such as gas, pets, homes, and even writings (e.g. maps).
Products liability claims can be based on three things. These things are negligence, strict liability, or breach of warranty. Products liability laws differ from state to state. At this time, a federal product liability law does not exist. However, most jurisdictions demand that a consumer must prove that the product is defective due to its design, manufacture, or marketing.
Products liability is usually considered a strict liability offense, which means the liability wrongs do not depend upon the carefulness of the consumer using the product. It does not matter if the supplier used great care when they manufactured the product. If the product is defective and it causes personal harm, the supplier is accountable and the consumer has a products liability case.
As a consumer, you have the right to assume the products that you purchase are not defective. If you used a product for its intended purpose and you heeded the warnings provided by the supplier, but you were still injured, the supplier is responsible. You have the right to sue the manufacturer for selling you a faulty product, if it caused you personal harm. If you have suffered injury due to a faulty or defective product, contact us. Our Firm will help you construct a strong products liability case that can lead to winning end results.
How do I pay for your services?
Our law firm works on a “contingency” basis which means that we do not get paid unless you receive money via a successful verdict or settlement. In other words, if we agree to take your case, we do not charge you anything unless you collect money. We will pay for all of the expenses that are involved in building your case. If you receive money due to a successful verdict or settlement, we will get our expenses back. Then, we receive a percentage of the money awarded to you. This percentage will be based upon an initial agreement between you and our law firm.
This is our way of guaranteeing you that we will work hard to provide you with the best legal representation and resources available. You will pay absolutely nothing unless you are awarded a settlement or a verdict.
How do I know if I have a case?
If you have been injured or traumatized and believe it is the fault of someone else, you may have a personal injury case. The injury can be caused by another person, company, another person’s property or even another person’s pet. If you were discriminated against at your place of employment, you may have a claim under a wide variety of laws that are designed to stop workplace discrimination. Only an experienced attorney can determine whether or not you have a possible claim. It is important that you act immediately to protect your rights by contacting an attorney.
What kind of monetary compensation will I get?
Each case varies depending upon the facts and the law. In certain cases, there are a wide variety of damages that may be available.
How soon should I file a lawsuit?
You should contact an attorney as soon as possible. Time is of the essence when developing a strong case. Also, there are a number of different statutes of limitations and some are much shorter than others. If you fail to act promptly, you may forfeit your ability to file a case.
What happens during a lawsuit?
Our lawyers will determine the facts and history of your individual case. After inspection, our lawyers will contact the legal representation of the company or person you are filing a grievance or case against. Every case has individual facts and circumstances, but most cases tend to settle before trial.
What should I do if I'm ready to seek legal advice?
The most important thing to do - before doing anything else - is to contact an experienced attorney for a free consultation. Only with experienced and professional legal counsel can you truly reclaim your rights. Remember, it is never a good idea to sign anything or give a statement without legal counsel. Call our office for a free consultation today!
What if I was partly at fault for the accident?
Most states have laws that provide people with rights despite the fact that they may be partly responsible for an accident. This is an area of personal injury law that is constantly changing. That is why it is very important to contact an experienced law firm so that they can give you the most up to date legal advice available.