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Just Because You’re Hurt Doesn’t Mean You Can Sue. In order to recover in a personal injury case, there must be legal grounds to hold the defendant accountable. The most common cause of action in personal injury claims is negligence. Negligence requires a showing that the defendant owed a duty of care to the injured party and failed to live up to that duty. For example, if the victim was a customer in a store, or maybe the victim was in the bathroom of an office building, the prope... Read More
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Glaus & Gohn LC, Attorney Adam E. Gohn scored a major victory for a personal injury client this week in the Missouri Court of Appeals, Eastern District. Our client filed a personal injury lawsuit against Defendants Drury Southwest, Inc., DSW Industries, Inc., and Drury Hotels Company, Inc., after he suffered physical injuries resulting from a slip and fall accident on the Defendant's property in Cape Girardeau, Missouri.  Our lawsuit further alleges that on January 19, 2012, our clien... Read More
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Anything you post on social media can and will be used against you in a court of law. Information shared on social media can cause complications if you find yourself involved in a legal dispute.  Insurance adjusters, lawyers, police, prosecutors and others often investigate social media profiles looking for evidence.  I know this because I have used evidence obtained from social media to help my clients win their cases.  I have witnessed social media data used to prosecute in... Read More
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Admitting Fault An innocent response like “I’m sorry” or "I didn't see you" can spell legal trouble for a person involved in an auto accident. The other party may be able to use such statements as an admission of guilt, which will be used against you. Don’t make any statements that imply any guilt or acceptance of liability. Not Seeking Medical Treatment Some car accident victims make the mistake of not getting medical treatment immediately. Others may not notice ... Read More
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Like it or not, modern technology has made it easier and more convenient than ever to take photographs, record conversations, and videotape events.  All smart-phones now come equipped with digital audio, video, and photography applications.  With all technological revolutions (devices that can record events and put them on the internet social in real-time are revolutionary), we lose and we gain.  We lose some privacy.  But we gain the ability to protect ourselves from authori... Read More
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1. Expertise Assessing Your Case:  An experienced personal injury lawyer can evaluate your case and let you know whether or not to pursue legal action.  If your chances of success are minimal, you can avoid the time and expense of a lawsuit in the first place.  If you have a strong case, a personal injury lawyer can work with you to develop a legal strategy to help you get any and all financial compensation available for your injuries. 2. No fees if You Do Not Recover:  Most... Read More
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Hot Coffee: Part 2.
This is the second part of our blog post about the famous (infamous?) McDonald's Hot Coffee Case.  You can read Part 1 here. So the hot coffee case against McDonald's proceeded to trial.  The evidence at trial showed that McDonald’s corporate headquarters required its franchisees to hold the temperature of their coffee between 180-190 degrees, fahrenheit of course.   At such high temperatures, coffee causes third degree burns immediately and is not fit for human consumptio... Read More
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 A few weeks ago the Southeast Missourian newspaper ran an article discussing the use of video cameras at various intersections within the city limits of Cape Girardeau, Missouri.  Some of the information about the use of video recording devices at various intersections in the city was news to me.   So, in order to learn more about where these video cameras are located, where the data are stored, and who has access to the recorded data, our law firm filed a Sunshine Law reco... Read More
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We’ve all heard the story. Lady spills coffee on herself and sues McDonald’s for millions of dollars. She’s trying to get rich quick, right? Wasn’t she driving and not paying attention when she spilled the coffee on herself? Coffee is supposed to be hot, right? Well, maybe not so much. As with most of what the media puts out, there’s a little more to the story of Stella Liebeck, the plaintiff in the Hot Coffee Case. We’ll be discussing some of the details of t... Read More
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Automobile Accident Advice
If you are involved in an auto accident, there a few simple things you should know in order to protect your legal rights.  You don't have to be a seasoned trial lawyer to follow a few simple steps to protect yourself.   Don't leave the scene.  Stay there until the police and emergency personnel arrive.  It's a crime to leave the scene of an accident in Missouri.  You can also lose your drivers license.  Leaving the scene of an accident will destroy your credibili... Read More
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