How Technology Proves Truck Driver Negligence
When a standard passenger car is involved in a crash, the investigation often relies on police reports, witness statements and visible damage. A commercial trucking collision is different. It is not simply a larger car crash. These cases often involve truck driver negligence, violations of federal trucking regulations, corporate liability and critical digital evidence that... Read More The post How Technology Proves Truck Driver Negligence appeared first on Padberg Appelbaum Knepper.
When a standard passenger car is involved in a crash, the investigation often relies on police reports, witness statements and visible damage. A commercial trucking collision is different. It is not simply a larger car crash. These cases often involve truck driver negligence, violations of federal trucking regulations, corporate liability and critical digital evidence that can disappear quickly. If you have been injured in a crash with a semi-truck, you need more than a general personal injury lawyer. You need an experienced trucking accident attorney in St. Louis who understands how to uncover what went wrong and who should be held responsible. Modern semi-trucks are essentially rolling computers. While the driver might have one story, the truck itself often tells another. At Padberg Appelbaum Knepper, we are a trucking collision law firm that knows how to access and interpret this critical data to uncover negligence that isn’t visible on the pavement. Seeing What the Driver Saw In many collision cases, liability comes down to a matter of perspective. A truck driver might claim a pedestrian came out of nowhere or that a vehicle was in a blind spot. In the past, this was often difficult to disprove. Today, technology allows a skilled trucking injury lawyer to see exactly what the driver saw — and often what they missed. We move quickly to demand footage from both outward-facing dashcams and inward-facing cab cameras. This footage is often the difference between a disputed claim and a clear case of negligence. Outward-Facing Video: This allows us to see the driver’s peripheral vision and the conditions of the road leading up to the crash. Inward-Facing Video: These cameras reveal what was happening inside the cab. Was the driver eating? Were they distracted by a device? Were they fighting fatigue? Using Truck Black Box and ELD Data in a St. Louis Accident Claim Beyond video footage, commercial trucks should be equipped with an Electronic Logging Device (ELD) and an Electronic Control Module (ECM), sometimes referred to as a “black box.” These devices can provide critical evidence in a trucking collision case, including data that may help show truck driver fatigue, distraction or other negligent conduct. The ECM, in particular, can record detailed engine and vehicle performance data that helps piece together the seconds before impact. As commercial trucking lawyers, our experienced team demands access to: Speed Logs: We look for inconsistent speeds that suggest a driver was rushing. Braking History: Did the driver brake suddenly? Or did they fail to brake at all? Engine Data Reports: These can reveal aggressive driving patterns, like tailgating or swerving between lanes, that align with a “fast and tired” mentality. This data is crucial because the commercial trucking industry is often driven by speed and profit. Many drivers are paid by the load rather than by the hour, creating a financial incentive to drive faster and push through fatigue. This pressure is even higher when transporting produce or perishables, where companies require products to arrive before they spoil. To save time, drivers might eat behind the wheel or succumb to other distractions, creating a dangerous environment for everyone else on the road. By correlating speed spikes with logbooks, we can often prove a driver was prioritizing a deadline over safety. Why Hiring a Specialized Trucking Law Firm Matters Proving negligence in a tractor-trailer collision often comes down to whether the driver and trucking company followed the rules that apply before, during and while operating on the road. A specialized trucking injury law firm understands where negligence typically appears in these cases and how to find the proof. In addition to dash cam and “black box” data, evidence may include logbook and hours-of-service violations, missed inspections, poor maintenance records, driver qualification files, dispatch pressure and cell phone use. Trucking companies and their insurers have one goal: to protect the business’s bottom line and minimize your recovery. To fight back, you need a transportation attorney who is equally aggressive in demanding evidence. Case Study: Truck Driver Negligence Proven by Technology The power of this digital evidence was central to a recent case handled by our firm. A truck driver made a left turn and struck a pedestrian, causing severe injuries. The driver initially claimed he never saw the victim. However, the evidence told a different story. We obtained the truck’s dashcam footage, which proved the victim was clearly visible for 15 seconds before the driver began his turn. The inward-facing camera recorded audio and video showing that the driver was distracted inside the cab. Faced with this undeniable proof, the defense could not hide behind the driver’s initial claims. We secured the full $4 million policy limits for our client. The Race Against Time In a trucking collision case, timing matters. Key evidence such as dash cam footage, black box data, inspection records and driver logs can be lost or overwritten if it is not preserved quickly. Working with an experienced trucking accident law firm in St. Louis can make a meaningful difference in how the case is investigated and prepared. At Padberg Appelbaum Knepper, we understand the regulations, technology and records that can reveal what really happened. If you or a loved one has been injured in a collision, Contact our team today for a free consultation. We are here to help you through life’s unexpected challenges and will help you understand your legal options. 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Cell Phone Records in Court: How Attorneys Prove Distracted Driving Cases
It’s a sight that has become all too common on Missouri roads: a car ahead suddenly swerves, drifts out of its lane or changes speeds erratically. The likely culprit? A distracted driver looking at their cell phone. For years, this behavior was a source of frustration and danger, but now, it is explicitly illegal in... Read More The post Cell Phone Records in Court: How Attorneys Prove Distracted Driving Cases appeared first on Padberg Appelbaum Knepper.
It’s a sight that has become all too common on Missouri roads: a car ahead suddenly swerves, drifts out of its lane or changes speeds erratically. The likely culprit? A distracted driver looking at their cell phone. For years, this behavior was a source of frustration and danger, but now, it is explicitly illegal in Missouri. The Siddens Bening Hands Free Law officially went into effect on January 1, 2025. This “phone down law” makes it illegal for drivers to hold or use their phones while driving. This includes texting, checking social media, streaming video or holding the phone for a call. This new law has major implications for personal injury cases. If you are injured in a car collision, how does a car accident lawyer prove the at fault driver was distracted? While the law helps, the key to your case is often in the data. For this reason, experienced car collision attorneys use cell phone records as critical evidence to prove liability and build the strongest possible case on your behalf. An Admission Isn’t Enough: The Need for Hard Evidence In the chaotic moments after a collision, a driver might admit to the police or to you that they were “on the phone” or “just dropped something.” This is a helpful start, but it is not the end of the story. Why isn’t an admission enough? People’s stories can change. Once an insurance company gets involved, that casual admission at the scene can quickly become, “I only glanced at my phone after the collision,” or “I wasn’t using it at all.” A statement made to a police officer is not the same as sworn testimony and can be contested. This is why your legal team also relies on objective, digital evidence that is not subject to interpretation or a faulty memory. These records provide the concrete proof needed for an auto injury attorney to paint a clear picture of the driver’s actions in the moments that matter. How Padberg Appelbaum Knepper Obtains Cell Phone Records A common question we receive is whether we can simply check the other driver’s phone records. The answer is no. Obtaining these private records is a formal legal process that respects privacy laws while ensuring we can gather the necessary evidence. Step 1: Filing a Lawsuit First, we must file a lawsuit on your behalf. This step is imperative. Before a lawsuit is filed, an attorney has no legal authority to demand this kind of private information from a third-party corporation, like a cell phone provider. Step 2: The Discovery Process Once the suit is filed, it enters what’s called a ” discovery phase.” This is the part of the lawsuit where both sides formally exchange information and gather evidence. As part of our standard discovery process in any car collision case where cell phone use is indicated or a likely contributing factor, we will file a formal request, called a subpoena, with the at-fault driver’s cell phone carrier. This subpoena does not give us the content of text messages or allow us to listen to their calls. Instead, it compels the provider to produce detailed logs. These logs can show the exact time, down to the second, of every: Phone call (incoming and outgoing) Text message (sent and received) Data usage (which indicates an app was in use) We then compare this timeline directly against the time of the collision as listed in the official police report. If the records show a text message was sent at 3:32:15 PM and the collision was reported at 3:32:18 PM, we have found the critical link to prove negligence. Using Records to Prove Liability (Not Increase Damages) This is an important concept to understand. Proving that the other driver was using their phone in a cell phone car accident does not automatically increase the dollar amount of the damages. Damages are calculated based on your medical bills, lost wages, future medical needs, and pain and suffering. A jury cannot add extra money just because the other driver was reckless. So, why do we work so hard to get these records if the damages do not increase? Because these records can assist in proving liability. The records decisively strengthen your case by demonstrating a clear, undeniable breach of the driver’s duty to operate their vehicle safely. In Missouri, especially with the “phone down law,” this evidence shows the at-fault driver wasn’t just momentarily careless. They were actively breaking the law at the time of the collision. This makes it incredibly difficult for their insurance company to argue that you were partially at fault or that the collision was unavoidable. It helps your lawyer shut down defense arguments and focus on what truly matters: getting you the fair judgment and compensation you deserve. Your Priorities After a Car Collision If you are involved in a collision, your world can be turned upside down in an instant. In the confusion and shock, it can be hard to know what to do. Your first and most important priority is your health. Seek medical attention immediately, even if you are feeling even remotely off. Adrenaline can mask serious injuries. Go to the emergency room or see your primary care physician as soon as possible. Getting the appropriate medical care you need is the only thing that matters in those first few hours. Once you are safe and your medical needs are being addressed, your next step should be to contact an experienced personal injury attorney. It is crucial to have someone on your side from the very beginning, protecting your rights and preserving evidence while you focus on healing. We Are Here to Help Being injured in a car collision caused by a distracted driver is a frustrating and overwhelming experience. You are trying to heal while worrying about medical bills, lost work and an uncertain future. At Padberg Appelbaum Knepper, we understand this. We are here for you when the worst happens. The post Cell Phone Records in Court: How Attorneys Prove Distracted Driving Cases appeared first on Padberg Appelbaum Knepper.
Daughter Sues St. Louis Over Father’s Death in May 16 Tornado
Fox2Now July 3, 2025 Newsroom Write-up: Deborah Patrick filed a wrongful death lawsuit against the City of St. Louis following the death of her father, Larry Patrick, during the May 16 tornado. The lawsuit claims the city failed to activate tornado sirens and address hazardous conditions, including a decaying tree that Larry Patrick had previously... Read More The post Daughter Sues St. Louis Over Father’s Death in May 16 Tornado appeared first on Padberg Appelbaum Knepper.
Fox2Now July 3, 2025 Newsroom Write-up: Deborah Patrick filed a wrongful death lawsuit against the City of St. Louis following the death of her father, Larry Patrick, during the May 16 tornado. The lawsuit claims the city failed to activate tornado sirens and address hazardous conditions, including a decaying tree that Larry Patrick had previously reported as unsafe. Padberg Appelbaum Knepper represents Deborah Patrick, seeking civil damages exceeding $25,000, along with any other relief deemed appropriate by the courts. Read the full story here. The post Daughter Sues St. Louis Over Father’s Death in May 16 Tornado appeared first on Padberg Appelbaum Knepper.
Vexatious Refusal: Key Elements of Proving Insurer Misconduct
When insurance companies wrongfully delay or deny payment on an insurance claim, it causes more than harm and frustration. It also potentially breaches legal and contractual obligations to the policyholder. However, there are consumer protection laws that help make sure this behavior does not go unchecked. In a previous post, we presented the potential legal... Read More The post Vexatious Refusal: Key Elements of Proving Insurer Misconduct appeared first on Padberg Appelbaum Knepper.
When insurance companies wrongfully delay or deny payment on an insurance claim, it causes more than harm and frustration. It also potentially breaches legal and contractual obligations to the policyholder. However, there are consumer protection laws that help make sure this behavior does not go unchecked. In a previous post, we presented the potential legal remedies available to someone who has been mistreated by an insurance company. One of those remedies is a Vexatious Refusal claim. Read more below about the key elements of vexatious refusal claims, including real-life case examples and how a Missouri insurance lawyer pursues this type of claim. What is the Missouri Vexatious Refusal to Pay Statute? Missouri’s vexatious refusal to pay statute is a consumer protection law that holds insurance companies accountable when they refuse to pay a valid claim without reasonable or probable cause. It’s designed to prevent unfair and abusive insurance practices. The vexatious refusal to pay statute applies to first-party insurance claims, which are claims filed by a policyholder (insured) directly against their insurance company (insurer). Examples of claims: First-Party Claim: An insured files a claim with their auto insurance provider after their vehicle is stolen. Third-Party Claim: An insured is involved in a car accident caused by another driver, and files a claim against the other driver’s auto insurance provider. Insurance companies are legally required to thoroughly investigate a claim, and make decisions based on a comprehensive review and evidence. If an insurer fails to do so and wrongfully denies a valid first-party claim, the policyholder may be able to pursue a vexatious refusal lawsuit. 5 Legal Requirements to Prove Vexatious Refusal: The Existence of a Policy with an Insurer. If you purchased an insurance policy or you are covered under an insurance policy, you could have a claim for vexatious refusal. The Missouri vexatious refusal to pay statutes cover various types of insurance policies, including automobile, life, health and accident insurance. Policyholder Sustains a Loss & Files a Claim with their Insurer. The insured files a claim under their insurance policy and makes a demand for payment. The Claim is Wrongfully Denied. If the insurance company fails or refuses to pay within 30 days of the demand and the refusal is without reasonable cause, the insured can make a claim for vexatious refusal to pay. There are statutes of limitations that may limit the time to file a claim. If you believe you have a claim for vexatious refusal that started with a personal injury matter, you should contact an attorney at once. Insurer’s Refusal to Pay is Willful & Without Reasonable Cause. Whether the insurer’s behavior is willful and without reasonable cause will depend on the specific facts of your case. A jury may find an insurer’s behavior to be vexatious based on circumstantial evidence and surveying the whole case. Direct and specific evidence is not always required. Policyholder is Entitled to Damages for Breach of Contract. Damages include the amount due under the contract, interest, and up to 20% of the first $1,500.00 of the loss and 10% of the amount of the loss above $1,500.00. Missouri statute also allows damages to include reasonable attorney fees. Examples of Insurer Vexatious Refusal to Pay: Scenario #1: The insurer provides the insured with false or misleading information regarding their claim. An insurance company may tell a policyholder (the insured) that a loss isn’t covered under their policy, even when it is. In some cases, the insurer may try to discourage the policyholder from filing a claim by warning of premium increases or claiming the process will be difficult. These tactics can delay or prevent a rightful payout, and may be considered vexatious conduct under Missouri law. Scenario #2: There is an unwarranted or inexcusable delay in issuing payment. Even if the insurance company eventually pays the claim, an unjustified delay can still cause financial harm. Missouri courts have found that delayed payments — especially when there is no valid reason for delay — may qualify as vexatious refusal to pay. Scenario #3: Insurer attempts to settle a claim for significantly less than what the insurer knows is the true value of the claim. An insurer may offer a settlement far below the actual value of the claim. By filing a vexatious refusal lawsuit, we can see the insurer’s file and internal documents outlining their claim analysis. If the insurer offered less than what they valued the claim to be, that act could be considered vexatious. The Insurance Claim Lawyers at Padberg Appelbaum Knepper Fight for Policyholders in Missouri & Illinois Insurance companies have a legal duty to treat their policyholders fairly, especially when it comes to claims arising from personal injury. When an insurer wrongfully delays, denies or undervalues a legitimate personal injury claim, Missouri law provides a path for justice through a vexatious refusal to pay lawsuit. These claims not only seek compensation for unpaid benefits, but also hold insurers accountable for bad-faith behavior. If you’ve been injured due to someone else’s negligence and your insurance company has acted unfairly or failed to honor the terms of your policy, you don’t have to face the situation alone. The experienced insurance claim attorneys at Padberg Appelbaum Knepper are here to help you understand your rights and fight for the compensation you deserve. If you or someone you know is the victim of insurer misconduct, contact us today for a free and confidential consultation. The post Vexatious Refusal: Key Elements of Proving Insurer Misconduct appeared first on Padberg Appelbaum Knepper.
Bad Faith, Vexatious Refusal and the Role of an Insurance Claims Lawyer Bad faith insurance claims are one example of how insurance companies can be deceptive and unfair. Insurance is designed to protect people. Policyholders pay into the system expecting to have coverage for some of life’s most devastating challenges: such as car accidents, burglary, flooding,... Read More The post Insurance Companies Behaving Badly appeared first on Padberg Appelbaum Knepper.
Bad Faith, Vexatious Refusal and the Role of an Insurance Claims Lawyer Bad faith insurance claims are one example of how insurance companies can be deceptive and unfair. Insurance is designed to protect people. Policyholders pay into the system expecting to have coverage for some of life’s most devastating challenges: such as car accidents, burglary, flooding, house fires or serious health diagnoses. Unfortunately, in many cases, insurers delay claims processing or wrongfully deny claims to minimize losses and protect its bottom line. When an insurance company behaves badly, what are the legal remedies? Fear of retaliation or claim denial keeps many people from reaching out for help when they are stuck in a months or years-long insurance battle. A bad faith insurance claims lawyer, or a lawyer with experience in vexatious refusal to pay an insurance claim can help. Read more about the possible legal remedies that can hold insurers accountable. Two Common Scenarios a Missouri Insurance Claims Law Firm Can Help With When a policyholder seeks legal expertise for their insurance company’s wrongdoings, their case will typically correspond to a Bad Faith Insurance Claim or Vexatious Refusal to Pay. Both categories are related to improper handling of an insurance claim, but target different aspects of insurer misconduct. “What is a Bad Faith Insurance Claim?” A Bad Faith Claim against an insurer applies to liability claims against an insured. There are two types of bad faith: bad faith refusal to settle and bad faith refusal to defend. In either case, the insurer failed to uphold its contractual obligations to a policyholder in a liability claim — to defend and indemnify the insured. The concept of “bad faith” refers to the insurance company putting its own interests ahead of its insured. The most common scenario is when an insurer is given an opportunity to settle a claim within the policy limits and the insurer fails to settle the claim. When this happens, the insurer is exposing the insured to personal liability above the policy limits. This is a classic example of bad faith refusal to settle. Another example of bad faith is the insurer’s bad faith refusal to defend an insured in a lawsuit. In each of these cases, the insurer is failing to protect the interests of the insured and is putting its own interests (financial profits) above the insured. If an insurance company’s actions in a liability claim filed against the insured are motivated by a desire to save money or avoid financial responsibility, without protecting the rights of the insured, the policyholder may consider reaching out to a bad faith insurance claims attorney. “What is a Vexatious Refusal to Pay?” Another common type of lawsuit against an insurance company is a Vexatious Refusal lawsuit. Vexatious Refusal claims occur when the insured makes a claim against its own insurance company and the insurer intentionally obstructs or frustrates the claims process to the burden of the policyholder. The term “vexatious” refers to the insurer creating unnecessary difficulties or delays, or low-balling offers at a time when a claimant is desperate to have its claim resolved. Possible examples of vexatious refusal include: Repeatedly requesting excessive claim documentation with no legitimate reason; Deliberately delaying claim payments; or, Denying a claim based on suspicion, or without proper investigation of the facts. The goal of a vexatious refusal lawsuit is to seek justice for an insurer’s wrongful actions and predatory behavior. It is a penalty against the injured person’s insurance company. A vexatious refusal lawyer works to hold insurers accountable and ensure they fulfill its obligations. How an Insurance Claims Lawyer in Missouri & Illinois Can Help The worst insurance companies are the ones who take advantage of policyholders who have already suffered a devastating loss. Financial hardship resulting from the improper handling of an insurance claim is another common barrier to asking for help. An experienced bad faith insurance claim attorney, or a vexatious claim attorney, can help pursue cases of insurer misconduct. A Missouri insurance claims lawyer can help policyholders navigate the challenges of fighting back against an insurer, whether they are the plaintiff bringing the case forward, or the defendant who is being sued. Hiring a bad faith insurance claim lawyer or vexatious refusal attorney provides the claimant with the tools to hold insurance companies accountable and to put the insured’s interests ahead of its own. Many lawyers who fight insurance companies work on a contingent fee basis, which means their clients do not pay any legal expenses or attorney fees unless a settlement or judgment is won for their case. This is a particularly important benefit for individuals who are involved in a lengthy insurance battle, who may already have financial challenges resulting from a delayed or denied claim that would make it impossible to pay for legal expenses upfront. Types of Financial Compensation for Claims Against Insurance Companies In pursuing an insurance company bad faith claim, or a claim of vexatious refusal, there are different categories of damages and financial compensation the policyholder may be entitled to. The amount of money that can be recovered is not always equal to just the amount of the policyholder’s insurance claim. For example, if it is found that the insurer did not adequately assess a claim, the insurance claims attorney can push for penalties. The possible damages that can be recovered in an insurance claims lawsuit are: Actual Damages resulting from the initial loss, accident, incident or injury; Consequential Damages arising from the insurer’s delayed or denied payment(s) to the policyholder; Punitive Damages or penalties applied in situations of gross negligence or misconduct; and, Attorney Fees in Vexatious Refusal claims. The monetary damages that can be recovered in an insurance claims lawsuit depend on the unique details of each case, and the first step is to reach out for a consultation or case evaluation. Time is an important consideration: there are statutes of limitations that may limit the time to file a claim. Therefore, if you believe you have a claim for Bad Faith or Vexatious Refusal, you should contact an attorney at once. Padberg Appelbaum Knepper Holds Insurers Accountable The St. Louis law office of Padberg Appelbaum Knepper (PAK) has successfully pursued complex insurance disputes, particularly when an insurance company refuses to pay or underpays claims for victims of personal injury. Notable cases include: victories for an insurer’s bad faith refusal to settle an auto claim where multiple parties were involved in a car accident. proving an insurer’s bad faith refusal to defend and indemnify a company in a claim filed against it by a severely injured worker on a construction site. successfully resolved numerous claims against the insurer for vexatiously refusing to pay injured claimants in their uninsured or underinsured motorist coverage claims. PAK has recovered millions of dollars in damages for our clients because we work tirelessly to help them achieve justice for their suffering. If you or someone you know has been injured due to another party’s negligence and the insurance company is refusing to pay, underpaying or acting in bad faith, contact us today for a free and confidential consultation. The post Insurance Companies Behaving Badly appeared first on Padberg Appelbaum Knepper.
Legal Limelight: Nicole Burlison Knepper, Principal and Partner, Padberg Appelbaum Knepper
Missouri Lawyers Media Sept. 13, 2024 Newsroom Write-up: Nicole Burlison Knepper, Principal and Partner at Padberg Appelbaum Knepper, has been elected as the new president of the Lawyers Association of St. Louis for the 2024-2025 term. A seasoned litigator with extensive experience in complex injury cases, Knepper aims to enhance engagement and foster a more... Read More The post Legal Limelight: Nicole Burlison Knepper, Principal and Partner, Padberg Appelbaum Knepper appeared first on Padberg Appelbaum Knepper.
Missouri Lawyers Media Sept. 13, 2024 Newsroom Write-up: Nicole Burlison Knepper, Principal and Partner at Padberg Appelbaum Knepper, has been elected as the new president of the Lawyers Association of St. Louis for the 2024-2025 term. A seasoned litigator with extensive experience in complex injury cases, Knepper aims to enhance engagement and foster a more collaborative legal community. Read her full interview with Missouri Lawyers Media here. The post Legal Limelight: Nicole Burlison Knepper, Principal and Partner, Padberg Appelbaum Knepper appeared first on Padberg Appelbaum Knepper.
Missouri Nurse’s Guilty Plea Sparks $8M State Fund Appeals Court Battle
Missouri Lawyers Media December 14, 2023 Newsroom Write-up: The Missouri Court of Appeals affirmed the circuit court’s ruling mandating the state to pay more than $8 million to Vernell Beach, a man injured by a state-employed nurse at a mental health facility. Despite the nurse, Rita Davis, pleading guilty to criminal charges and seeking to... Read More The post Missouri Nurse’s Guilty Plea Sparks $8M State Fund Appeals Court Battle appeared first on Padberg Appelbaum Knepper.
Missouri Lawyers Media December 14, 2023 Newsroom Write-up: The Missouri Court of Appeals affirmed the circuit court’s ruling mandating the state to pay more than $8 million to Vernell Beach, a man injured by a state-employed nurse at a mental health facility. Despite the nurse, Rita Davis, pleading guilty to criminal charges and seeking to withdraw from her defense, the court found her actions were covered under the state’s Legal Expense Fund. Padberg Appelbaum Knepper attorney Theresa Appelbaum represented Beach in the case, arguing that Davis’ criminal conduct did not absolve her from coverage under the fund. The court ruled in Beach’s favor, requiring the state to cover the damages. To read more about this case, click here. The post Missouri Nurse’s Guilty Plea Sparks $8M State Fund Appeals Court Battle appeared first on Padberg Appelbaum Knepper.
Padberg Appelbaum Knepper Adds Associate Attorney Jenna DeBarry to Team
St. Louis litigation firm continues to add experienced talent to benefit clients. St. Louis, MO, October 2, 2023 — The law firm of Padberg Appelbaum Knepper (PAK) is pleased to welcome Jenna DeBarry to the team. In her role as an Associate Attorney, Jenna brings more than a year of experience working as a clerk... Read More The post Padberg Appelbaum Knepper Adds Associate Attorney Jenna DeBarry to Team appeared first on Padberg Appelbaum Knepper.
St. Louis litigation firm continues to add experienced talent to benefit clients. St. Louis, MO, October 2, 2023 — The law firm of Padberg Appelbaum Knepper (PAK) is pleased to welcome Jenna DeBarry to the team. In her role as an Associate Attorney, Jenna brings more than a year of experience working as a clerk at PAK while completing her law degree. During this time, she demonstrated a keen understanding of the law and an ability to apply those insights for the benefit of PAK’s clients. “I want to use my skills in the best way possible to help others, so I decided early on I would be a lawyer,” said DeBarry. “I’m grateful for the opportunity to join the PAK team. Everyone is so kind, caring and eager to help.” At PAK, DeBarry represents clients who have been injured in a range of civil practice cases, including automobile accidents, Worker’s Compensation, wrongful death and premises liability. She is licensed in the state of Missouri. PAK partner attorneys note that DeBarry is one of only two law clerks the firm has hired immediately out of law school. “She is passionate about bringing justice for her clients,” said Theresa Appelbaum, Principal and Partner Attorney. “We knew very early on just how special Jenna was and what a tremendous lawyer she will be. We could not be more thrilled to have her join our legal team.” “Jenna works hard and is not afraid of a challenge,” said Nicole Burlison Knepper, Principal and Partner Attorney. “From the moment we met her, we knew she would be a part of this team.” DeBarry received an undergraduate degree in Criminology from Missouri State University (MSU) and earned her J.D. from Saint Louis University (SLU) School of Law. In addition to her work at PAK, DeBerry plans to get involved with the Women Lawyers’ Association (WLA), the Bar Association of Metropolitan St. Louis (BAMSL), the Missouri Association of Trial Attorneys (MATA) and the Lawyers Association of St. Louis. About Padberg Appelbaum Knepper Padberg Appelbaum Knepper is a St. Louis personal injury law firm that provides unparalleled and unrivaled representation to victims of wrongdoing. The firm has won millions of dollars for clients by fighting to obtain full compensation for losses caused by neglect, malfeasance or wrongful acts. Padberg Appelbaum Knepper upholds the principle that each client shall be represented by attorneys with the highest level of intellect, dedication, integrity and compassion. The post Padberg Appelbaum Knepper Adds Associate Attorney Jenna DeBarry to Team appeared first on Padberg Appelbaum Knepper.
Maplewood Agrees to Pay Couple $500,000 Over Police Crash
STL Post-Dispatch Sept. 28, 2023 Newsroom Write-up: The City of Maplewood has agreed to pay $504,000 to Michael and Joan Gerard following a 2013 crash caused by a police officer responding to a Walmart theft. The settlement resolves their 2017 lawsuit, which alleged the city was negligent for the officer’s actions and lack of proper... Read More The post Maplewood Agrees to Pay Couple $500,000 Over Police Crash appeared first on Padberg Appelbaum Knepper.
STL Post-Dispatch Sept. 28, 2023 Newsroom Write-up: The City of Maplewood has agreed to pay $504,000 to Michael and Joan Gerard following a 2013 crash caused by a police officer responding to a Walmart theft. The settlement resolves their 2017 lawsuit, which alleged the city was negligent for the officer’s actions and lack of proper training. Padberg Appelbaum Knepper attorney Theresa Appelbaum represented the Gerards in the case. Read St. Louis Post-Dispatch’s coverage of this case here. The post Maplewood Agrees to Pay Couple $500,000 Over Police Crash appeared first on Padberg Appelbaum Knepper.
Choosing a Doctor for a Workers’ Comp Claim: Options & Legal Rights
Your treating doctor plays a crucial role in your Workers’ Compensation case. They determine when you can return to work and what benefits you will receive — and ultimately, help you heal from an injury. Choosing a physician for a work injury is an extremely important decision. You may be wondering, “Who gets to choose... Read More The post Choosing a Doctor for a Workers’ Comp Claim: Options & Legal Rights appeared first on Padberg Appelbaum Knepper.
Your treating doctor plays a crucial role in your Workers’ Compensation case. They determine when you can return to work and what benefits you will receive — and ultimately, help you heal from an injury. Choosing a physician for a work injury is an extremely important decision. You may be wondering, “Who gets to choose my Workers’ Comp doctor?” It may come as a surprise that the decision can be up to your employer, depending on Workers’ Compensation laws in your state. There are certain legal remedies available to fight this decision if you do not agree with the doctor your employer selects, or if you wish to seek a second opinion. Below is an overview of the legal rights of an employee who is injured at work in Missouri and Illinois. Contact a Workers’ Comp attorney for more information. Step One: Reporting a Work Injury Remember to report any work injuries to your employer before you seek medical care. For a serious illness or injury requiring emergency medical attention, reporting the injury first may not be possible. Otherwise, your employer and/or their insurer is required to provide medical treatment. In order to be eligible for Workers’ Compensation benefits, you must report an injury within 30 days of the date of injury in Missouri, or within 45 days in Illinois. Keep track of important documentation, such as medical bills or communications with your employer and insurer, throughout your recovery. Read more about how to report a workplace injury. Who Determines My Workers’ Compensation Doctor? We will use this hypothetical work injury to explain how a doctor could be selected by an employer in Missouri or Illinois: John had a pallet dropped on him at work and broke his foot. First, he went to the emergency room and got an X-ray of the injury. The next day, he reported the injury to the Human Resources department at work to initiate the Workers’ Compensation process. In Missouri, John’s employer has the right to choose the health care provider(s) for his treatment plan, which could include ongoing physical therapy to restore full mobility to his injured foot. It is common for employers to allow the insurance company to choose the care provider, but if the employer and the insurance company disagree on providers, the employer will ultimately have the final say in the decision. In Illinois, John has the ability to choose his doctor(s) as long as the treatment is reasonable, necessary and related to his injury. The so-called “two doctor rule” allows an injured worker to select two doctors and then receive medical care from their chosen doctor, as well as any other health care providers referred by the chosen doctor. It is important to note that the following treatments do NOT count towards one of the two doctor choices in Illinois: First aid Emergency care Mandated medical examinations by employer-chosen physicians Referrals to other providers and specialists made by the chosen doctor Disputing the Worker’s Comp Doctor Selected by Your Employer Some workers worry that a doctor selected by their employer will have a conflict of interest and might minimize their injuries — and unfortunately, this can happen. While you have the right to see your own doctor, you may be responsible for the cost of treatment if you choose this option. In Missouri, you have the right to seek medical care from the doctor of your choice at your own expense. Your employer MAY authorize you to see your own doctor, but you should always check with your employer and their insurance company before pursuing treatment. The insurance provider will often recommend another doctor to your employer. If you don’t like the doctor and you have a good relationship with your employer, you can ask them to request a change through the insurance company. Using the example scenario in the section above, if John decided to pursue treatment with his own doctor without authorization from his employer, he would almost certainly be responsible for 100% of the cost of his treatment. If John’s employer did authorize an alternate physician, the reverse would generally be true. In Illinois, the two doctor rule gives an employee much more control in choosing the treating physician for a Workers’ Comp injury. If the first doctor chosen does not seem to be a good fit, the employee is able to consult a second physician. If you believe you are not receiving adequate care, you may be able to change doctors as long as you follow your state’s rules for doing so. Although Missouri law does not require your employer or their insurance company to authorize a second doctor, this should not stop you from asking. If your request is denied, or if you are unsure how to advocate for yourself while seeking treatment for a work injury, contact an experienced Workers’ Comp attorney in St. Louis. Our Workers’ Compensation Attorneys Will Fight for You A work injury can leave you in pain and sidelined for weeks without your normal paycheck — but the consequences of receiving inadequate medical care for your injury can be much more severe and even life-altering. Navigating the complex Workers’ Compensation process and insurance denials is a lot to take on when you are already trying to focus on your recovery. When you need someone to advocate for your best interests, contact the experienced Workers’ Comp attorneys at Padberg Appelbaum Knepper in St. Louis. Through decades of experience successfully resolving Workers’ Compensation disputes, we understand how important it is for injured workers to receive treatment from a doctor they trust. Our team of Workers’ Compensation lawyers will go head-to-head with your employer and their insurance companies to fight for you. If you were injured at work, reach out today to schedule a free, confidential consultation to discuss your concerns. Submit a contact form online, or call (314) 621-2900. The post Choosing a Doctor for a Workers’ Comp Claim: Options & Legal Rights appeared first on Padberg Appelbaum Knepper.