St. Louis Legal Issues Blog

How an injury can take over your life

On behalf of David M. Duree and Associates, P.C. posted in Personal Injury on Tuesday, August 14, 2018.

Being involved in any type of accident can change your life forever. Whether it's a car accident, motorcycle accident, workplace accident, swimming accident, slip-and-fall accident or any other accident; the injury could take over your life. Many victims of personal injury accidents refrain from filing a claim because they are under the impression that it's just not worth the time.

Did you know that the World Health Organization (WHO) estimates that more than 1 billion people are living with some type of disability? These disabilities were likely caused by an accident. As important as it is to seek immediate care following an injury, there's not much one can do to predict what could occur long term from that injury.

Man awarded $3,000,000.00

By David Duree of David M. Duree and Associates, P.C. on Monday, August 13, 2018.

Expert testimony that a minivan driver had active THC (marijuana) in his system was speculative and inadmissible. A jury verdict of $3,000,000.00 to the minivan driver against a tractor-trailer driver was affirmed by the California Court of Appeal on July 25, 2017. In the case of David vs. Hernandez, 13CAL.App. 5th 692.

How to keep young children safe while driving

On behalf of David M. Duree and Associates, P.C. on Wednesday, August 8, 2018.

Parents know that no matter what you do your children always manage to get into things they aren’t supposed to. That is why childproofing is so important when you have young ones padding around the home. You childproof the cabinets, electrical outlets, staircases, pointy counter edges and everything else a curious child might encounter. Not everyone is so concerned about safety in their car, though.

According to the Institute of Child Health and Human Development, motor vehicle accidents are among the top causes of serious injuries or death for young children. Kids ages five and up are at the greatest risk.

How do I prevent a construction dispute before it happens?

On behalf of David M. Duree and Associates, P.C. posted in Construction and Engineering Disputes on Tuesday, August 7, 2018.

Entering into a construction contract is an exciting time, especially when you are building your dream home or are constructing your new office. Things can quickly turn sour when you and the contractor get into a dispute. So, how do you prevent a construction dispute before it happens?

One of the best ways to avoid a construction dispute before it happens is to read the contract. Don't skim the contract. Read it word for word from beginning to end. This will help you find mistakes in the agreement or omissions that could wind up leading to disputes down the road.

Types of monetary compensation for personal injury cases

On behalf of David M. Duree and Associates, P.C. posted in Personal Injury on Thursday, August 2, 2018.

There are plenty of ways personal injury can occur other than just a car accident. Whenever someone is injured, it is considered a personal injury case, especially if it happens at work, school, at a store, on someone else's property and any other type of incident. If you've been injured in an accident of any kind, you likely want to know what type of monetary compensation you can claim.

No matter how you were injured, you are entitled to recover any and all monetary damages you have incurred as a result of the accident or incident that caused your injury. The following list is just a sampling of the types of injuries that allow you to recover monetary damages from:

Pain and suffering
Loss of enjoyment
Mental anguish
Mental disability
Disfigurement
Damage to your property
Scars that are permanent
Loss of affection and love
Emotional trauma
Physical disability

Do you know how to identify your company's intellectual property?

On behalf of David M. Duree and Associates, P.C. posted in Intellectual Property Litigation on Wednesday, July 25, 2018.

Intellectual property is vital to the success of any company. This property can be thoughts, ideas, plans, products, services and just about anything else an employee creates while on the clock. One of the most important questions you need to ask is if you actually know how to identify your company's intellectual property. If you don't, then this is a post you need to read.

Let's first begin with the types of intellectual property that are recognized today. There are four of them right now and they are patent, trademark, trade secrets and copyright. Since these four types of intellectual property cover just about anything and everything, it's highly unlikely that your company doesn't have any intellectual property.

Common mistakes after a car accident

On behalf of David M. Duree and Associates, P.C. on Monday, July 23, 2018.

Being in a car accident is a disorienting experience. Your adrenaline is racing, your head is pounding, and all of your senses are hazy and sharp at the same time. Needless to say, you won’t be thinking clearly. Because of this, many people make mistakes after an accident that can be easily avoided. It pays to think through scenarios ahead of time while your head is still clear. Here’s what not to do after an accident.

Medical malpractice: Standard of care is important in these cases

On behalf of David M. Duree and Associates, P.C. posted in Personal Injury on Thursday, July 19, 2018.

A medical malpractice lawsuit isn't always easy to prove. In fact, there are many times in which these cases are difficult because they hinge on proving that a doctor didn't provide a patient with treatment that meets the standard of care. This can be a challenge because the medical community usually won't stand up against each other, even when the patient suffers harm.

Another thing that makes the standard of care hard to determine is that there isn't a universal standard that applies to every single case. Instead, every fact of the case plays a part in how the doctor is expected to handle things. It is imperative to have a good understanding of these and how they might affect the case.

Common types of business disputes

On behalf of David M. Duree and Associates, P.C. posted in Business and Commercial Litigation on Thursday, July 12, 2018.

Business disputes are a common aspect of running a company. You can do everything possible to avoid these issues, but they can still crop upon occasion. When you run into a dispute, it's important to resolve it as soon as possible in order to avoid lengthy problems. Disputes can be with other companies, employees and customers. Let's look at some common types of business disputes.

One frequent bone of contention involves contracts. This includes contracts with employees, customers and vendors. Contracts are written and signed in an effort to protect the parties involved. Disputes can still occur even when everything is documented in writing.

Tips for protecting yourself as a consumer

On behalf of David M. Duree and Associates, P.C. posted in Civil Rights and Consumer Protection on Friday, July 6, 2018.

Everyone is a consumer. It's a fact of life that cannot be avoided. Even when you put gas in your car or truck, you are considered a consumer. Anytime you buy anything, you are labeled a consumer. Consumers can also be victims. Thieves prey on consumers in stores and on the internet. Here are some tips for protecting yourself as a consumer in O'Fallon.

Learn how to spot fraudsters or imposters. Don't fall for those random calls from the Internal Revenue Service (IRS), which will never actually call you, telling you that if you don't send money via a wire service an officer will come to your home and arrest you. This has been proven to be a scam time and again.