Practice Areas

Personal
Injury

If you suffer a personal injury as the victim of an accident, you do not have to be responsible for the financial costs. We will work alongside you to make sure of that.

Wrongful
Death

It’s never easy to lose a loved one, but it is especially painful if their death was caused by a preventable accident or by someone’s negligence. An expert wrongful death attorney can help you seek fair compensation.

Insurance Claims

Whether you find yourself in a situation fighting your own insurance company or someone else’s, you’re up against a significant amount of resources — both legal and financial.

Car Accidents

Car accidents are a common, but distressing part of life. Even small accidents can majorly impact your health and your financial situation. Because of that, there are many types of damages you can claim if you have experienced injury from a car accident. Those include:

  • Medical expenses, including ambulance fees, doctor and hospital visits, disability, and in-home care
  • Mental and/or physical distress, or any kind of mental, emotional, or physical pain and suffering
  • Lost wages, if your injury from the accident affects your ability to work. This includes interruptions to work due to physical therapy or permanent damage to your ability to earn income
  • Loss of consortium, which essentially means the loss of the ability to show affection, including sexual activity, to a loved one

If you or a loved one is in an accident, we recommend you contact both a physician and an attorney who’s an expert in auto accidents. This is especially important because some injuries may not show immediate or obvious symptoms, but can still have a major effect on your health.

Motorcycle Accidents

Because motorcyclists are so exposed, motorcycle accidents are typically very serious — even if you feel fine at first. We understand you may not want to involve a lawyer. But it’s very difficult to determine what happened in a motorcycle accident and assign fault, which is why it’s very important to first see a doctor and then work with an attorney who can make sure to fight for your rights on the road.

Truck Accidents

Trucking accidents are scary and often extremely serious. If you are hit by a large truck or bus while driving your car, SUV, or pickup truck, you’re far more likely to see or experience a fatality due to the accident.

Trucking accidents are also generally caused by truck driver error, whether that is due to drowsiness, falling asleep at the wheel, inexperience, or driving under the influence of drugs or alcohol.

If you or a loved one are hit by a truck, because of the circumstances, you typically have a case for a lawsuit. However, those lawsuits can quickly become complex as you’re up against the large trucking and insurance companies.

It’s very important that if you’ve been involved in a trucking accident, you partner with a lawyer who knows how to fight for your rights against those big companies.

Dog Bites

Nearly 5 million Americans are bit by dogs every year, and nearly 800,000 of those bites are severe enough to require medical treatment. Dog bite accidents leave scars, both emotional and physical, and often result in significant medical expenses. They may also require plastic surgery, which often isn’t covered by insurance, and even result in loss of income.

We represent dog bit victims — including children — in order to help the victim and their family receive compensation for the trauma they have been through. If you or a loved one are bitten by a dog, first identify the dog, seek medical attention, and contact a dog bite lawyer who can help you pursue compensation and peace of mind.

Bicycle Accidents

Both cyclists and drivers share rights and must obey the same rules of the road. Bicycle accidents are treated and governed like other vehicle accidents. They can be very serious, resulting in life-threatening and sometimes fatal injuries.

Bicycle accident lawsuits typically revolve around negligence: either a car driver’s or a cyclist’s. There are many types of driver negligence, including running a stop sign or light, drifting lanes, speeding, or intoxicated or impaired driving. Cyclist negligence is often similar, including running a stop sign or light, abruptly turning or drifting, or going the wrong way. When children are involved, drivers are held to a higher standard.

If you or someone who love has been in a bike accident, it’s best to consult with an experienced personal injury attorney who can help evaluate your case and pursue your rights.

Pedestrian Accidents

There are two types of pedestrian accidents: pedestrian-vehicle accidents or non-vehicular, due to issues such as poor maintenance, construction, or surface defects.

In either case, the injured pedestrian can seek to recover damages if negligence either caused or contributed to their injuries. To prove negligence, the injured person must establish that the person at fault owed a legal duty to the plaintiff, failed to fulfill that duty either through action or inaction, and caused an accident that harmed or injured the plaintiff as a result of that negligence. Like cyclists, pedestrians can also be responsible for negligence – for example, by ignoring “walk” signs or failing to use crosswalks.

Because children between ages 5 and 9 are smaller, less visible, and more unpredictable, they’re at greater risk for pedestrian accidents involving a vehicle. When a child is injured as a result of a pedestrian accident, courts hold drivers to a higher standard.

If you or a loved one, especially a child, are involved in a pedestrian accident, call the police, stay at the scene of the accident, gather witness information, and refrain from making any statements. You have a limited time to bring forward a claim for injuries, so your next step should be to contact an attorney to evaluate your case.

Birth Injuries

A child’s birth is an incredibly happy and momentous occasion in their parents’ lives, but as with any medical event, complications can occur, both in pregnancy and during birth. It’s important that when those injuries occur, either to mother or child, that if they were preventable, both the baby and parent’s rights are protected.

Most of the time, birth injury cases involve either injury during prenatal care or injury due to a doctor’s failure to properly assess or respond to injury or distress. Cases such as these must prove that the medical provider in question failed to give the parent or the baby adequate medical care and/or advice.

In some cases, a medical provider may have advised you to take a prescription medication during pregnancy that then caused injury or birth defect. In these cases, if your doctor had no way of predicting the injury, the pharmaceutical company or pharmacist may be the party at fault, either in addition to or instead of the prescribing doctor.  

Damages from these types of lawsuits typically go to the child, often through a trust that is established. Damages can include compensation for medical expenses, for the loss of future ability to earn wages, and for pain and suffering. Parents may also be able to seek damages for their own emotional distress, pain and suffering.

Catastrophic Injuries

A catastrophic injury is a very severe injury, that usually occurs suddenly and without warning. Examples include severe spinal and/or brain injuries. These injuries permanently prevent the victim from “performing any gainful work.” They can leave someone disabled for the rest of their life, and have long-lasting, serious impact on their life. They may cause a need for constant medical attention, assistance, or supervision. They can also result in large and ongoing medical bills.

If you or a loved one suffered a catastrophic injury that was caused either by someone’s else’s negligence or intention, it’s best to consult an experienced catastrophic injury attorney who can help protect your rights and pursue compensation for the damages you’ve experienced.

Medical Malpractice

When you seek treatment from a licensed physician, hospital, or any other type of medical care, you expect a high standard of treatment, in correspondence with their training and experience. Errors, are of course, possible, but medical malpractice occurs when mistakes or acts of negligence result in patient harm.

Medical malpractice suits look to see if the doctor acted in a way that deviated from accepted standards of practice or if the hospital or operating agency cultured an environment for improper care, inadequate training, sub-standard sanitation or improper use of medications.

If you believe you were injured because of medical negligence, medical malpractice laws can protect your rights. However, because they can be difficult to win, it’s best to first consult an attorney who can help you pursue those rights.

Premises Liability

Both public and private property owners are responsible for maintaining a safe environment so that any visitors to the property don’t receive an injury. This responsibility is referred to as “Premises Liability.”

Under Missouri law, premises liability look at who is in possession or control of the property where the incident occurred, in order to determine who is at fault. That person must either take care to identify and repair any dangers, or warn any visitors of those known hazards.

Premises Liability suits must prove that there was a dangerous condition, it was either known or should have been known, and the person in control failed to “use ordinary care” to repair, remove, or warn visitors, and as a result, the plaintiff was injured.

Things like slippery floors, cracked walkways, and untreated ice can all contribute to an injury caused by negligence. The injured plaintiff can seek damages that include medical expenses, pain and suffering, and even lost earnings.

Train Accidents

Train accidents can be incredibly devastating, injuring or killing as many as hundreds and causing significant property damage. If you or a loved one was involved in a train accident and the railroad company can be held liable, you can pursue damages that include medical costs, loss of enjoyment of life, lost earnings, and pain and suffering.

If you are a railroad employee injured in a train accident, the process is different, especially if you are covered under the Federal Employers Liability Act (FELA).

In any case, railroad companies have large resources that they use to deal with accident lawsuits. Working with an experienced train accident lawyer can help you protect your rights and pursue damages.

Boating Accidents

Boating accidents are more common than we might think, and could involve any number of water crafts, from yachts and sailboats to kayaks, paddle boards, and canoes. There are many causes for boating accidents; some of the main ones are operator inexperience or inattention, speeding, and boating under the influence (BUI).

If you or a loved one are involved in a boating accident, you can typically sue the boat’s operator for either negligence or failure to provide reasonable safety. You may also be able to hold the boat’s owner, manufacturer, rental company, or fellow passengers liable.

An experienced boating accident attorney can help you evaluate your case and decide if it falls under federal jurisdiction or maritime law, and meets the standards for navigable waterways.

Construction Accidents

Just by nature of the job, construction work can be dangerous and strict safety standards should be adhered to to prevent injury and provide a working environment that’s as safe as it can be. Construction accidents are still far too common, in spite of all the regulations, laws, and safety programs.

Many times, these accidents still occur because a workplace or employer is in violation of required safety laws, regulations, and procedures.

If you or someone who love has been injured in a construction accident, it’s important to first seek medical attention, then report your injury to your employer or manager and take note of your report. Take note of witnesses, and, if possible, obtain photographic evidence of the site where you were injured. Then meet with an expert construction accident attorney who can help evaluate your situation and pursue appropriate damages.

Product Liability

While we want to assume that every product available for purchase is perfectly safe, thousands of injuries every year are due to dangerous or defective products. Product liability law holds the manufacturer or seller responsible if they place one of those dangerous products into consumers’ hands. They must also warn consumers of any potential hazards, and failure to do so can place them in violation of the law.

Product liability claims include design defects, manufacturing defects, and marketing defects, which include inadequate safety warnings, improper labeling, and/or insufficient instructions.

If you or a loved one have suffered injury or death due to a defective product, you or their survivors can seek damages that can include medical expenses, lost wages, pain and suffering, and emotional distress.

Workplace Injuries

Most employers carry or are required to carry workers’ compensation insurance. If you or a loved one are injured on your job, you are eligible to collect workers’ compensation benefits as you recover. Independent contractors, however, are not covered by this insurance.

Bus Accidents

Because buses are more difficult to maneuver, less safe, larger, and harder to stop, when bus accidents happen they can be particularly dangerous and impactful. If you or a loved one has been a victim of a bus accident, you may be facing extensive injuries and recovery times.

Liability for accidents could be on other drivers, including cyclists and motorcyclists, pedestrians, the bus driver, or even another passenger on the bus. Because many government and state agencies own and operate buses, they will often be the liable party. This means that bus accidents carry a short window of opportunity to seek damages for the medical expenses, lost earnings, pain and suffering, and even emotional distress you may have suffered.

If you or someone you love have been injured as part of a bus accident, first seek treatment, make note of any witness information if you can, and then quickly seek the advice of an experienced attorney who can help you protect your rights.

Defective Products

Defective products fall under the umbrella of Product Liability, and refer to cases where products were put in the hands of consumers and caused harm. There are three main types of defective product claims: design defects, manufacturing defects, and warning defects, when adequate warning and/or instruction wasn’t provided and resulted in injury.

If you’ve been injured by a defective product, you can seek damages for either negligence or strict liability, which generally covers defects that occur during the manufacturing process.

Nursing Home Abuse

Nursing homes are designed to care for our elderly loved ones when they require regular medical attention and care for their mental and/or physical health. When we seek these homes out, we do so because of the positive care and experience they can provide for their patients. Yet abuse – either physical or psychological – is common among nursing home caregivers, as is neglect. This is often due to poor training, poor supervision, poor screening during hiring, and environments that contribute or foster negligence or abuse.

Civil action lawsuits can be brought against nursing homes and hold them liable if they can prove that either the owner or employees breached a duty of care which caused an injury, and that the owner or employee’s conduct caused the injury. Nursing homes can often be held liable even if they met minimum licensing standards of care.

If you or your loved one has suffered abuse while they were a nursing home resident, consult an experienced attorney to ensure your rights are fully protected.

Slip & Fall Accidents

Slip and fall accidents are pretty common. The term refers to personal injuries when somebody slips and becomes injured while on somebody’s property other than their own. Depending on the circumstances and where the fall happened, the property owner can be held liable for the resulting injuries. These injuries generally fall under the umbrella of Premises Liability.

Slip and fall accidents can be caused by many issues, including poor signage marking non operating elevators, slippery floors, or cracked walkways. Environmental hazards, such as ice or potholes, can also cause falls.

If you or a loved one has been injured by a slip and fall accident, and the person in control or possession can be proven liable, an experienced personal injury attorney can help you seek proper damages. These damages include medical costs, loss of wages, and pain and suffering.

Extra Contractual Liability

James Manning has helped many of his clients receive recovery from insurance companies for well over the insurance coverage policy limit.  When an insurance company denies coverage or refuses to pay a claim, there may be damages available for insurer bad faith, insurer negligence and insurer misrepresentations.  We are here to help you understand all of your options in these situations and to maximize recovery.

Insurance Coverage Disputes

Often times, the insurance company will make representations about the coverages that are available.  We see time and time again that there is often more insurance than is initially represented. This is because insurance policies contain dozens, often hundreds of policy exclusions.  Not all of the these exclusions are valid. Insurance coverage often comes down to a very fact and law specific analysis.

James Manning is an expert in the field of insurance coverage litigation.  He has successfully litigated insurance coverage issues throughout the state and federal courts of Missouri, the Federal Western District and the United States Court of Appeals.  Many times, there is more than meets the eye with insurance coverage issues. We are here to help you understand what insurance is available and how to obtain that coverage.