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owners of cars discussing comparative negligence after accident

Understanding Comparative Negligence in Missouri: How It Affects Your Personal Injury Case

Comparative negligence is a legal principle that helps determine the compensation a plaintiff can receive based on their contribution to an accident. In Missouri personal injury cases, it’s essential to understand comparative negligence as it directly impacts the outcome of your case and the compensation you receive. At Schmitt Law Firm, we handle all types of personal injury lawsuits in Missouri and want to provide you with a complete overview of comparative negligence, its effects on personal injury cases, and how Schmitt Law Firm can help you navigate this complex legal issue. Understanding the Basics of Comparative Negligence Missouri follows a “modified comparative negligence” system with a 51% rule. Under this system, an injured party can recover damages as long as they are found to be less […]

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man in wrist cast signing contract with workplace injury lawyers

What to Do When You Have a Workplace Injury

Workplace injuries can occur in the blink of an eye, leaving you physically hurt and unsure of what steps to take next. When you suffer an injury at work, it is crucial to know your rights, understand the legal process, and know what to do when you have a workplace injury to protect your interests. With Schmitt Law Firm, the leading personal injury lawyers in Kansas City, you can be confident in navigating the complexities of workplace injury claims. Contact our team today to schedule a consultation. Immediate Steps to Take Following a Workplace Injury Report the incident! Notify your supervisor or manager about the injury as soon as possible. Make sure to provide a written report detailing the circumstances of the injury, as this will be

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Truck Drivers Need to Avoid Distracted Driving

On behalf of Schmitt Law Firm, LLC posted in truck accidents on Monday, November 2, 2020. The busy roads of Kansas City, Missouri, have their fair share of traffic accidents. Those include truck accidents, which often happen because of distracted driving. For that reason, truck drivers should know some important information about distracted driving and the government’s increasingly strong crackdown on it. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, both hand-held mobile phone use and texting are prohibited while driving a commercial motor vehicle that is used in interstate commerce. Drivers who are caught doing either may be subjected to fines of up to $2,750 or disqualification and being put out-of-service for a period of up to 120 days, with corresponding loss of income. The drivers’ employers

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4 Types of Motorcycle Accidents You Can Easily Avoid

On behalf of Schmitt Law Firm, LLC posted in blog on Friday, October 16, 2020. Motorcyclists face unique dangers on the road. Due to lack of a vehicle body, they are more likely to experience catastrophic injuries or death when involved in a collision. The Missouri Department of Transportation found that 251 motorcyclists died on state roadways between 2013 and 2015. The demographic most likely to experience a fatality are people between the ages of 21 and 25. It is vital for motorcyclists to remain defensive while driving. That means being aware of the most common accidents and knowing how to respond to them. 1. Car changes lanes directly in front of you Since motorcycles are much smaller than automobiles, they fit more easily into blind spots. A car may try to merge

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Should You Worry About Asbestos in Your Makeup?

On behalf of Schmitt Law Firm, LLC posted in blog on Friday, September 23, 2020. You might have heard the recent story about a mother who sent her daughter’s makeup in for testing and it reportedly contained asbestos. This can be a scary thought not only about children’s products, but about health and beauty products in general. What are the chances that Missouri residents might find a harmful ingredient like asbestos in their everyday items? According to the news story, the girls’ accessories and cosmetics chain Claire’s recalled nine products nationwide after learning about the asbestos claim. However, additional testing conducted by the store led to Claire’s officials assuring consumers that its cosmetics are asbestos-free. Additionally, they said a certified asbestos-free vendor supplies the talcum used in their products. They

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Asbestos: Responsibilities of Landlords and Tenants

On behalf of Schmitt Law Firm, LLC posted in blog on Thursday, September 12, 2020. Although the rate of asbestos-filled residences has declined over the last few decades, many people still suffer from its presence. According to Asbestos Nation, anywhere between 12,000 and 15,000 die as a result of asbestos exposure in the United States every year. Asbestos can lead to a number of health problems, including lung cancer, asbestosis and mesothelioma. Anyone who owns a rental property needs to take care of any instances of asbestos before renting out to tenants. There are steps both landlords and tenants can take to ensure the house or apartment remains habitable. Steps for landlords to take Landlords should avoid renting out properties that have asbestos. However, the law may not necessarily require landlords

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Tragic Accident Kills 3

On behalf of Schmitt Law Firm, LLC posted in car accidents on Monday, August 17, 2020. The busy roads of Kansas City, Missouri, see a huge number of vehicles each day, coming and going from work, home, school, shopping and many other places. The sheer volume of vehicles means that, of course, a plethora of car accidents each year is inevitable, and that was the case in late December, 2017. The crash resulted in the tragic deaths of three innocent young children. The children, all Neosho residents, were brothers ages 7, 4 and 2. The brothers were all pronounced dead at the site of the accident. According to a county deputy coroner, they died due to the physical impact suffered in the accident. One had been in a car

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What Are The Types of Product Defects?

On behalf of Schmitt Law Firm, LLC posted in blog on Tuesday, July 21, 2020. Product defects fall into at least one of three categories: design, manufacturing and marketing. A marketing defect is sometimes termed “a failure to warn” defect and is why some people joke about products that carry seemingly nonsensical warnings. Interestingly, many people purchase cotton swabs for use in the ear canal and yet the packages carry warnings that people should not use them for this purpose. They can injure the ear and damage hearing. In any case, here is a look at each type of product defect. Design When a developer or manufacturer does not test a product properly, the undiscovered flaw is a design defect. The idea is that proper testing would have revealed the design flaw. It

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Is General Motors Creating a New Market for Deadly Distraction?

On behalf of Schmitt Law Firm, LLC posted in distracted driving on Friday, June 19, 2020. Self-driving cars may be on the horizon, but some car companies are already ignoring the driver in their decisions. General Motors has created a new app that gives drivers the power to make purchases using their infotainment systems. We can now add dashboard shopping to the list of things drivers can do rather than pay attention to the road. The app is called Marketplace and includes the handy feature of being usable while people are driving. GM dreams of a world where drivers can get a notice that the vehicle needs an oil change, schedule the service at a GM dealer and pay for it all in one seamless process. GM has apparently

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Parents Should Not Assume Toys Are Safe

On behalf of Schmitt Law Firm, LLC posted in Personal Injury on Wednesday, May 20, 2020. Toy manufacturers face enormous pressure to succeed this time of year. Having the top toy of the season can make or break an entire year. That pressure may contribute to situations where an unsafe toy is manufactured and sold before the danger it poses can really be understood. For those looking to buy gifts for a child this year, it is easy to assume that toy makers or federal regulators have taken the proper steps to ensure that the products on the shelves are safe. That assumption is, sadly, unsupported by the weight of history. The worst of the worst There is no shortage of stories about dangerous and defective toys being sold

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“Ben has handled a couple injury claims for me in the past 4 years. He will fight for you and earn your loyalty and gratitude because he gets results! He knows every trick the insurance companies will try to pull, he’s five steps ahead of them. Be patient, these matters take time, but in the end you win with him on your side.”

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“Ben Schmitt is a great lawyer. His accomplishments in his career are outstanding. He helped us very successfully in our time of need. I highly recommend him as a lawyer and a fair and kind man.”

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