Personal Injury
Our management of litigation extends to property ownership and other aspects of corporate liability. We defend claims of personal injury lodged against hospitals and products manufacturers, but also small business owners, companies, property owners, co-employees, and insurance carriers.
A tort claim for personal injury is more than a claim against an insurance policy. The existence of an injury is not enough. To recover in court, the person filing the claim must prove that the defendant owed a duty of care that was breached, causing and resulting in injury. Some examples of lawsuits involving personal injury include:
- Medical malpractice
- Products liability
- Workplace accident
- Slip and fall injury
- Premises liability
- Auto accident
Tort claims alleging personal injury are typically filed in state court, in the county where the injury occurred. We have tried cases in counties across Missouri and Illinois, and consulted as trial or appellate counsel in surrounding states.
Personal injury claims against the United States government, or its employees, are governed by the Federal Tort Claims Act (FTCA). The provisions of the FTCA can be found at 28 U.S.C. §1346(b), §1402(b), §2401(b), and §§2671 - 2680. FTCA claims are defended by the Attorney General, but having a federal employee as a co-defendant may also impact the claims lodged against non-governmental defendants. Most significantly, suits involving FTCA claims generally result in Federal Court jurisdiction. Our attorneys are experienced Federal Court litigators and have conducted appeals to the United States Courts of Appeal for the Seventh and Eighth Circuits.
The American Bar Association provides additional resources describing the nature of personal injury claims.