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From personal injury to
workers' compensation, attorney Joseph
Walsh provides aggressive and personalized legal
services to help each client with his or her legal needs.
Below is a list of the areas of practice that Mr. Walsh
has extensive experience litigating both in a settlement
stage and in the courtroom. If you would like additional
information about any of these areas, please contact
him today.
Distracted, aggressive drivers are prevalent on our highways, making automobile accidents an everyday occurrence. Being injured in a collision can have serious effects on a victim's life. Automobile accident victims often face high medical bills, lost wages, pain and suffering, severe injury, permanent disability, or even death. If you or a loved one has been injured in an automobile accident, you may be entitled to financial compensation -- even if you are not sure that the other driver was at fault, our firm may be able to help you.
The police report is crucial to the initial evaluation of a car crash. It provides
information regarding the drivers and witnesses and
may also contain notations about critical evidence.
You should obtain a copy of such and have it available
at the first meeting with our office. You should also
have a copy of all of your automobile insurance policies
that show the type and amount of coverage you have.
Sometimes defectively designed seatbelts, seat backs,
air bags or other vehicular components can cause injuries
more severe than would normally be expected in a car
crash. If you have any reason to believe that you have
suffered a serious injury as a result of a defect in
any component of a car, you need to provide that information
to our office immediately and make sure you preserve
the vehicle for inspection by experts.
Manufacturers and store owners have a responsibility
to consumers. They must ensure that the products they
sell are not unreasonably dangerous due to a defective
condition. If a party manufactures, distributes or sells
a product that is unreasonably dangerous when used in
a reasonably anticipated manner and it causes an injury
to the user of the product, our legal system holds the
manufacturer, distributor and/or seller strictly liable
because they are in the best position to detect and
correct the defect or provide an adequate warning of
the dangerous propensities of a product. It is crucial
for you to keep any product that you believe is defective
and provide it to our office along with any receipts
or other documents regarding your purchase or rental
of the product. If you or a loved one has been injured
by a dangerous or defective product, please contact
us today.
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In order for a client to file a lawsuit for medical negligence in Missouri, he or she must obtain a written statement from a licensed physician stating that the medical provider treating the client failed to provide the basic level of care and treatment established by the medical community, and consequently, caused the patient to sustain injury. Since medical records must be obtained and reviewed in order to evaluate any claim of medical negligence, we ask that you bring the records to your initial meeting at our office.
Contrary to current media reports, health care providers
who practice in Missouri have long enjoyed the benefits
of a short statute of limitations and a cap on judgments
that may be entered against them. Despite such favorable
treatment and a reduction in claims against them, insurance
companies have continued to raise premiums. This is
to offset bad investments, a declining stock market
and poor management within the insurance industry. The
legal system merely seeks to hold health care providers
accountable for their mistakes, which can have devastating
consequences on patients and their families. Please
let your lawmakers know that you oppose any further
restrictions on holding doctors responsible for their
acts of negligence. If you fail to take some initiative,
you may not be able to receive fair and just compensation
for injuries inflicted by medical negligence. If you
believe you or a family member is the victim of medical
malpractice, our firm can help you receive the compensation
you need. Please contact us today.
People who slip and fall on another person's property
due to unsafe conditions may be eligible for compensation.
Property owners are responsible for keeping their premises
safe and for warning visitors of any potential hazards.
For example, if a supermarket owner mops the floor and
doesn't mark the area to warn consumers, he or she may
be legally liable for a slip and fall injury occurring
in that location. Similarly, a homeowner who fails to
warn guests of a broken step may be liable for his guests'
injuries.You should obtain photographs of the area where
you fell as soon as practical--in order to depict the
condition as it existed at the time of your injury--and
present them to our office at the initial consultation.
By the time you contact our office it may be too late
to get photographs of the area as it existed at the
time of the injury. Evidence of prior injuries is crucial
and you should provide any such information to our office
as soon as you become aware of such.
If you or a family member is injured at a railroad crossing
or as the result of railroad operations, you should
contact our office immediately. You can expect the railroad
to have its investigators and claims handlers on the
scene within minutes, intending to build its defense.
In cases like these it's imperative to have someone
who will protect your interests from the outset. My
office is familiar with railroad operations and can
assist you in pursuing your claim. Likewise, in the
event of a boating accident you should immediately contact
our office so that crucial evidence can be gathered
and preserved.
Virtually all employees who are injured on the job are entitled to state workers' compensation benefits. The benefits include coverage of medical expenses; temporary total benefits for the period that an employee is being treated for their injuries and unable to return to their job; and permanent disability benefits for the limitations caused by a disability expected to last beyond the conclusion of medical treatment. Your employer will generally have an insurance company handling all such claims and will hire an attorney to protect the interests of both the employer and insurer. It only stands to reason that you should have an attorney representing you. Please contact our office to assure that your rights are protected and you receive the necessary medical care, treatment and evaluation of your particular injury.
Third party lawsuits can be pursued beyond a workers'
compensation claim against individuals or entities other
than your employer if they are responsible for causing
your injuries. Some examples would be a claim against
the manufacturer of a defective tool or piece of equipment
that causes an injury while working, or a negligent
driver who runs into you or your vehicle while you are
working. If you pursue a third party claim, you must
generally reimburse your employer for the workers' compensation
benefits that you received. The amount of reimbursement
is calculated according to a defined formula which is
based upon the amount of any recovery obtained from
the third party.
Railroad, barge and marine workers are not covered
by state workers' compensation statutes. Railroad workers
are covered by a federal statute that is the same regardless
of the state in which he or she is located at the time
of injury. This is called the FEDERAL EMPLOYER'S LIABILITY
ACT. My father represented railroad employees and their
unions for a large portion of his legal career, until
his untimely death in 1986. I have nearly 20 years of
experience, making me a well-versed attorney in railroad
operations and terminology. Please contact me immediately
so that I can bring the wealth of my experience to bear
on behalf of you and your family.
Barge and marine workers are covered by the JONES ACT, which essentially adopts the provisions of the FEDERAL EMPLOYER'S LIABILITY ACT. In such claims, however, you are entitled to "maintenance and cure" from the owner of the vessel. Again, you should contact us immediately so that we can take appropriate steps to assure that your legal rights are asserted.
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Although you pay premiums for insurance coverage, the
insurance company may use specific provisions in your
policy as a basis for denying coverage. In Missouri,
this action may be the basis for a vexatious refusal
claim against your company if you follow the requirements
of the statute. I have experience pursuing legal actions
against insurance companies in an attempt to compel
them to pay benefits to my clients. I have also given
seminars regarding insurance law to practicing attorneys.
Please contact my office if your insurance company is
denying coverage or benefits so that I can evaluate
your insurance policy and advise you on your rights
and obligations under the policy.
If you, a family member or a friend are injured due
to an attack by an animal, you may be able to recover
from the animal's owner/possessor if the breed has known
vicious tendencies or has attacked and/or injured other
individuals. It is important to obtain any information
about the animal's prior behavior and provide such to
us as soon as possible.
Additionally, you should not give a recorded statement
about the events surrounding your injury to a representative
of the party at fault, because it can only be used against
you. You should first seek medical attention and follow
the instruction of your doctors. You should not be intimidated
by those who are conducting an investigation of your
injury but simply refer them to our office if you have
entered into a contract hiring us to represent you.
Losing a loved one is truly one of life's most difficult
experiences. If the death is caused by the negligence
of another, however, the wrongful death statute in Missouri,
Section 537.080, permits certain relatives to bring
an action to recover damages. Other statutes such as
the Missouri Workers' Compensation Statute and the Federal
Employer's Liability Act also provide for recovery by
certain relatives in the event of the death of a family
member. Although we understand that nothing could diminish
your personal sense of grief, please contact our office
immediately so that we can evaluate the possibility
of pursing a wrongful death case on your behalf in order
to obtain just and reasonable compensation for your
economic loss in the event that such a tragedy strikes
your family.
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