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Cape Girardeau Missouri Legal Blog

Four injured after driver allegedly runs stop sign

When a negligent driver injures another person, Missouri law provides that the injured can hold the driver liable for their damages, including medical expenses, lost wages, pain and suffering and so on. One of the first big steps, therefore, is proving that the driver acted negligently.

Recently in Cape Girardeau County, several people were injured after a two-vehicle crash. According to the Missouri State Highway Patrol, a BMW was speeding westbound when it ran a stop sign and collided with a Ford pickup truck traveling southbound through an intersection. Both vehicles ran off the road. The truck flipped and hit a tree.

Common strategies to fight debt

Unfortunately, it is common for people in the United States to find themselves under a mountain of debt. With the constant availability of credit cards and loans, as well as the social pressure to have an impressive car and designer brands, it can be easy to bury your head in the sand and continue to spend to no avail.

However, there will come a time when you need to get back to reality and face the debts that you have accumulated. This is no simple task, especially when it is likely that you will have debts in many different places. Before taking action to combat your debt, you should devise a strategy based on your individual situation. The following are some common strategies that have proven to be effective for many debtors.

Premises liability claims against the government

The legal theory of premises liability holds that property owners have a duty to keep their premises reasonably free from hazardous conditions. When they breach that duty, and someone is injured as a result, the owner can be held liable for the injured person's damages.

Premises liability often comes up in the context of grocery stores or restaurants, in cases where a customer has slipped and fallen on a spill or other hazardous condition that the owner failed to remedy. These private property cases are tricky enough, but premises liability cases face further complications when the property owner is an agency of the federal, state or local government.

Think carefully before accepting a settlement offer

When you have a dispute over workers' compensation, at some point the other side will make you an offer of a settlement. You should think carefully before you decide whether to accept it.

One of the first things you should ask is whether the proposed settlement adequately compensates you for your medical care and the wages you lost while you were unable to return to work. Likewise, you should add up the costs you incurred related to your medical treatment. If you had to travel out of town for treatment, you should factor your travel costs into your calculations.

New rules would give debt collectors more ways to contact people

One of the worst things about being in debt for many people is being hounded by creditors. Many creditors hire debt collection agents who harass debtors with frightening letters, angry phone calls and other high-pressure tactics.

Now, the Trump administration is trying to give debt collectors more ways to contact debtors. The Consumer Financial Protection Bureau recently proposed new rules that, if implemented, would allow debt collectors to send as many texts and emails as they want to debtors.

Does Chapter 7 require people to sell everything they own?

Chapter 7 is often known as liquidation bankruptcy because it requires the filer to sell some assets in order to satisfy some of the outstanding debt to creditors. Many people are intimidated by this liquidation aspect of Chapter 7, thinking it will leave them nearly penniless. That is a misconception.

In fact, many types of property are exempted from the liquidation requirement of Chapter 7 under federal and state laws. For many people, the homestead exemption is especially important. This allows people filing for Chapter 7 to keep $23,675 in equity in their homes.

The critical importance of reporting a work injury right away

Getting hurt at work can ruin your day and completely throw off your schedule. Many people who get hurt at work will immediately take whatever actions they deem necessary to get back into the flow of their jobs as quickly as possible.

That could mean that they avoid seeking medical treatment until after they leave work for the day. It could also result in someone failing to actually report the accident to their employer. Taking time out of your busy schedule to track down someone from human resources or the management team over what seems at first to be a minor incident can feel like a waste of your time.

Dangers that home health care nurses face while working

It is inevitable that people in Missouri will get hurt and sick at various points in their lives. It is also inevitable that they will grow older as well, which often times comes with health complications. In these situations people will need medical attention to heal from the injuries or the illnesses. Most people may think about doctors when they think about medical attention, but there are many people involved in healthcare and there are many ways healthcare is provided.

One of the other groups of people who are important to providing healthcare are nurses who administer medications, ensure the patient is doing well and many other tasks. While many nurses work in hospitals and clinics, there are a large number of nurses who provide home care for patients who can no longer come to the hospitals and clinics. These homecare nurses provide a very valuable service to those in need. However, these nurses can face certain dangers that can result in injuries which can prevent the nurse from being able to work for a period of time.

Property owners' duty of care for trespassers

Many people in Missouri own property and almost every day people enter onto property owned by others. This is usually done because the person is invited onto the property. This usually occurs when people go into stores to shop for various items or go to places for entertainment and recreation. When people go onto these properties, there is an expectation that they will be safe and the property owner will keep the property free of dangerous conditions.

This is more than just an expectation though. Property owners have a legal duty to keep the property free of dangerous conditions or at least have a duty to warn people that they are there so people who are invited can avoid them. However, not everyone that goes onto other's properties are invited and are considered trespassers. Property owners do not have the same duty of care for trespassers. Subject to a couple exceptions generally property owners do not owe trespassers any duty of care.

Distracted driving causes many accidents in Missouri

People in Missouri drive their cars every day. Many times there are taking similar routes as well such as their route to work or to the grocery store. It may seem like they can go into auto pilot at times. However, even during the most routine drives, unexpected things can arise. It could be a car making a lane change without looking, stopping suddenly because of debris in the road, an unsecured object flying off a vehicle and many other things. That is why it is important that people keep their eyes on the road while driving.

That means that drivers need to avoid distractions which may require them to take their eyes off the road to avoid car accidents. However, there are many things that can distract drivers. It could be looking at a navigation system, eating or drinking, grooming, looking at something occurring outside the car, using their phones to text, search websites, email or simply talk, adjusting the stereo and many other distractions. Unfortunately many drivers engage in these types of distractions and many accidents occur as a result.

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Cape Girardeau Office 815 Independence Street Cape Girardeau, MO 63703 Phone: 573-651-8644 Fax: 573-651-8636 Cape Girardeau Law Office Map

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