duckworth-injury-law

How to Choose the Best Car Accident Lawyer in Jefferson City, MO

Tue, 28 Apr 2026 21:43:24 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC routinely serves clients throughout Mid-Missouri, including Jefferson City, Columbia, and the Lake of the Ozarks.

What Sets the Right Attorney Apart for Your Car Accident Claim in Columbia, MO? Learn What To Look for Before You Decide

Jefferson City may not be as large as nearby Columbia, but it presents its own unique set of risks when it comes to car accidents. With daily government traffic around the Missouri Capitol, heavy commuter flow along Highway 54 and Highway 50, and frequent congestion near Missouri Boulevard and Dix Road, serious crashes are a regular occurrence. From rear-end collisions near the Capitol Plaza area to high-speed crashes on Highway 54 or rural accidents just outside city limits toward Holts Summit or Wardsville, car accident cases in Jefferson City often involve more complexity than people expect.

If you have been injured in a crash, you may be asking who is the best car accident lawyer in Jefferson City, Missouri? The reality is there is no single best lawyer for every case. The better approach is understanding how to evaluate your options so you can choose the right attorney for your situation.

Look for Experience That Goes Beyond Basic Car Accident Claims

Not all car accident cases are equal, and while some involve straightforward liability, others quickly become contested. In Jefferson City, it is common to see disputes arise over whether a driver failed to yield on Highway 50 or 63, how fault should be allocated in multi-vehicle crashes near Missouri Boulevard, or whether injuries were actually caused by the collision itself.

Missouri law requires drivers to exercise the highest degree of care , but insurance companies routinely attempt to reduce payouts by arguing comparative fault or downplaying injuries. An experienced attorney does more than simply file a claim. A strong lawyer builds liability early with evidence and witness statements, anticipates insurance company defenses before they arise, and develops medical documentation that clearly ties injuries to the crash. This becomes especially important in cases involving disc injuries, traumatic brain injuries, or long-term treatment, which are often challenged aggressively by insurance carriers.

Understanding Insurance Coverage Can Make or Break Your Case

One of the most overlooked aspects of a car accident case is identifying all available insurance coverage. In Jefferson City, crashes frequently involve state employees, government-related travel, commercial vehicles, or drivers carrying only minimal insurance coverage.

A knowledgeable attorney will look beyond the obvious liability policy and carefully evaluate whether additional coverage may be available through uninsured or underinsured motorist policies, employer liability policies, umbrella policies, or potential third-party claims. Failing to identify these additional layers of coverage can significantly reduce the value of a case. This is one of the key differences between an average claim and one that is fully developed.

Jefferson City Has Unique Local Factors That Matter

Jefferson City driving conditions differ from other parts of Mid-Missouri, and those differences can directly impact how an accident occurs and how it should be evaluated. Government traffic patterns often lead to congestion around the Missouri State Capitol and downtown areas, particularly during legislative sessions. Highway driving exposes motorists to high-speed collisions along Highway 54 and 50, which often result in more serious injuries.

The area also presents a mix of urban and rural driving conditions, where drivers can transition from city traffic to narrow rural roads within minutes. Additionally, commercial traffic such as delivery vehicles and contractors frequently travel through central Missouri, increasing the risk of more complex accidents. An attorney familiar with Jefferson City understands these dynamics and can use them to better explain how and why a crash occurred.

Evidence Disappears Quickly and Timing Matters

In many Jefferson City car accident cases, the outcome depends on evidence that may only exist for a short period of time. This can include traffic camera footage, surveillance video from nearby businesses, dashcam recordings, witness statements, and physical evidence at the scene.

For example, a crash near Missouri Boulevard or a busy intersection may have video coverage, but that footage is often overwritten within days. Hiring an attorney early allows for immediate investigation and preservation of this evidence, which can be critical in proving liability.

Do Not Confuse a Big Firm With Personal Representation

Many firms advertising in Mid-Missouri handle a high volume of cases , and in those setups, clients are often passed between staff members with limited direct involvement from the attorney. While that approach may work for smaller claims, it can be a disadvantage in serious injury cases.

It is important to understand who is actually handling your case, whether the attorney will be involved in strategic decisions, and how accessible your lawyer will be throughout the process. Car accident cases often take months or longer to resolve and having direct access to your attorney can make a meaningful difference.

The way a law firm communicates with you at the beginning of your case is usually a strong indicator of how your case will be handled moving forward. You should pay attention to how quickly your calls or emails are returned, whether explanations are clear and understandable, and whether your concerns are taken seriously.

If communication is poor early on, it rarely improves later. You should feel confident that you understand what is happening in your case, that you can reach your attorney when needed, and that your case is being actively worked rather than sitting idle.

Litigation Experience Still Matters

Although most car accident cases settle without going to trial , the ability and willingness to litigate still plays a major role in the value of a case. Insurance companies evaluate whether your attorney has courtroom experience, whether they are willing to file suit, and whether they are prepared to take a case to trial if necessary.

If an insurance company believes a lawyer will avoid litigation, settlement offers are often lower. In Jefferson City, where cases are handled through Cole County courts, having an attorney familiar with local procedures and expectations can provide an advantage if litigation becomes necessary.

Understanding Fees and Your Recovery

Most personal injury cases are handled on a contingency fee basis , meaning there are no upfront costs. However, it is still important to understand how the contingency fee is calculated, how case expenses are handled, and whether medical liens will impact your recovery.

A good attorney will take the time to explain these details and provide a realistic expectation of what your case may look like financially.

Choosing the Right Car Accident Lawyer in Jefferson City, Missouri

Car accident cases in Jefferson City often involve more than just determining who caused the crash. They can include disputed liability, multiple insurance policies, serious injuries, and time-sensitive evidence. The right attorney will understand Jefferson City’s roadways and traffic patterns, investigate all available insurance coverage, act quickly to preserve critical evidence, communicate clearly and consistently, and be prepared to litigate if necessary.

At Duckworth Injury Law, you won’t be handed off or left guessing about what comes next. You will work directly with your attorney, receive clear guidance at every stage, and have a strategy built specifically to maximize your recovery.

If you’ve been injured in Jefferson City or anywhere in Mid-Missouri, now is the time to take control of your case. Evidence can disappear quickly, and delays can weaken your claim.

Contact Duckworth Injury Law today to schedule your free consultation with a Jefferson City, Mo Car Accident Lawyer .

How to Find the Best Car Accident Lawyer in Columbia, MO

Tue, 21 Apr 2026 15:57:41 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC is a resident of Columbia and routinely handles serious injury and wrongful death claims in Columbia and the surrounding communities. Duckworth Injury Law’s main office is located at 1001 Cherry St., Ste. 104, Columbia, MO 65210 in the heart of “CoMo”.

What Makes an Attorney the Best To Take On Your Car Accident Claim in Columbia, MO?

Columbia—known locally as “CoMo”—is one of the fastest-growing cities in Missouri . With the University of Missouri , expanding residential areas like those off Scott Boulevard and Route K, and steady traffic flowing through I-70 and Highway 63, serious car accidents are a regular occurrence.

Whether it’s a rear-end collision on Stadium Boulevard, a T-bone crash near Providence Road, or a rural roadway accident out toward Pierpont or Rockbridge State Park , these cases can quickly become complex.

If you’ve been injured in a crash, one of the first questions you may ask is who is the best car accident lawyer in Columbia, Missouri. The better question is how to choose the right lawyer for your specific case. While there’s no objective way to determine the “best” attorney, there are clear factors that can help you make the right decision.

Experience Handling Missouri Car Accident Claims Matters – Why It Matters

Car accident cases involve far more than simply determining which driver caused the collision. Missouri law requires drivers to exercise the highest degree of care , and even in situations where fault appears obvious, insurance companies often attempt to shift blame by arguing comparative fault. They may also challenge whether the accident actually caused the injuries claimed, especially if there is any prior medical history. An experienced Columbia car accident attorney understands how to establish liability early, anticipate these defenses, and build a claim that holds up under scrutiny.

Many cases also involve multiple layers of insurance coverage, which can significantly impact the value of a claim. In addition to the at-fault driver’s liability policy, there may be coverage through your own uninsured or underinsured motorist policy, an employer’s commercial policy if the driver was working at the time, or even an umbrella policy that provides additional limits. This is particularly common in areas like Business Loop 70, Grindstone Parkway, and Stadium Boulevard, where delivery drivers, contractors, and service vehicles are frequently on the road. A knowledgeable attorney will thoroughly investigate all available sources of recovery to ensure no coverage is overlooked.

Evidence in Columbia car accident cases is often time-sensitive and can disappear quickly if not preserved. In a busy area like downtown CoMo or along Providence Road, there may be surveillance cameras, dashcam footage, or eyewitnesses who observed the crash. However, that evidence is often overwritten or lost within days. Prompt investigation allows an attorney to secure video footage, document the scene, and gather witness statements before memories fade, all of which can be critical in proving liability.

Injuries from car accidents are also frequently more serious than they initially appear. What starts as soreness or minor pain can develop into long-term conditions such as herniated discs, chronic pain, or the need for surgical intervention. It is not uncommon for clients to require months of treatment, injections, or even surgery following what seemed like a moderate collision. An experienced attorney understands how to properly document these injuries, work with treating physicians, and present the full impact of the harm suffered.

A Car Accident Lawyer Who Is Local to Columbia – Why It Matters

Columbia presents a unique driving environment that directly affects how accidents occur and how they should be evaluated. The presence of Mizzou creates heavy pedestrian and vehicle traffic throughout much of the year, while commuter traffic flows in from surrounding areas. Rapid residential growth along corridors like Route K and Scott Boulevard has increased congestion, and just minutes outside the city, drivers encounter rural roads near areas like Pierpont and Rockbridge State Park that present entirely different risks. A local attorney understands these dynamics and can use that knowledge to explain how and why a crash occurred.

Familiarity with Boone County courts is another important factor. Local courts have their own procedures, expectations, and scheduling practices. An attorney who regularly handles cases in Boone County will understand how cases typically progress, what local judges expect, and how juries in the area tend to view injury claims. This familiarity can help avoid unnecessary delays and position a case more effectively for resolution or trial.

Working with local medical providers is also a key component of building a strong case. Columbia is home to University of Missouri Health Care and a wide range of specialists, including orthopedic surgeons, physical therapists, and pain management providers. An attorney who routinely works with these providers understands how medical records are generated, how treatment is documented, and how to present that information clearly in a claim. This can make a meaningful difference when negotiating with insurance companies or presenting a case in court.

Accessibility and communication are equally important. Car accident cases often take time, and clients benefit from being able to meet with their attorney in person, ask questions, and stay informed throughout the process. A local Columbia attorney offers that accessibility, providing direct communication and the ability to discuss important decisions face-to-face rather than relying solely on phone calls or emails.

Make Sure You’re Hiring the Attorney—Not Just the Firm

Many law firms advertise heavily across Missouri, including in Columbia, but hiring a firm is not the same as hiring an attorney. In high-volume practices, cases are often handled primarily by staff, with limited direct involvement from the attorney. While support staff play an important role, your case ultimately requires strategic decisions that should involve your lawyer. It is important to ensure that the attorney you hire will remain actively involved throughout your case.

Evaluate Communication & Approach

The way an attorney communicates with you from the beginning often reflects how your case will be handled. A good attorney should return calls promptly, explain legal concepts in a way that makes sense, and take the time to understand your specific situation. You should feel confident that your case is being taken seriously and that you are not simply being treated as another file.

Experience Handling Serious Injury Cases

Insurance companies are focused on minimizing payouts, even in cases where liability is clear. They may dispute the severity of injuries, argue that you were partially at fault, or delay the process in an effort to pressure a lower settlement. An experienced Columbia car accident lawyer understands these tactics and is prepared to push back, whether through negotiation or litigation if necessary.

Understanding Fees and Your Recovery

Most car accident attorneys work on a contingency fee basis , meaning there are no upfront costs and the attorney is only paid if compensation is recovered. However, it is still important to understand how fees are calculated, how case expenses are handled, and how medical liens may affect your final recovery. A good attorney will take the time to explain these factors so you have a clear understanding of what to expect.

Choosing the Right Car Accident Lawyer in Columbia, Missouri

Car accident cases in Columbia often involve complex liability issues, multiple insurance policies, time-sensitive evidence, and serious injuries. Combined with CoMo’s unique mix of urban and rural driving conditions, these cases require careful and informed handling. The right attorney will have the experience, local knowledge, and commitment to personally handle your case from start to finish.

If you or a loved one has been injured in a car accident in Columbia, Missouri, or anywhere in Mid-Missouri, you do not have to navigate the process alone. Duckworth Injury Law represents individuals and families who have been injured due to someone else’s negligence. As a Columbia-based firm , we understand the local roads, courts, and challenges our clients face.

The firm offers free consultations, contingency fee representation, direct communication with your attorney, and a thorough investigation of liability and insurance coverage. The sooner you speak with an attorney, the sooner important evidence can be preserved and your rights protected.

Contact Duckworth Injury Law today to schedule your free coultation.

What to Do If You’re Hit by a Car on Mizzou’s Campus?

Mon, 13 Apr 2026 15:38:28 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. Having obtained both his undergraduate and law degrees from Mizzou – and with Duckworth Injury Law located just blocks from Mizzou’s campus – EC Duckworth is very familiar with the heightened risk of pedestrian vs. motor vehicle collisions on Mizzou’s campus.

College Campuses Like Mizzou Pose a Serious Risk to Pedestrians. Learn What You Can Do if You or Your Child Was Hit by a Car on Campus

The University of Missouri —better known as Mizzou—is the heart of Columbia and one of the largest universities in the Midwest. With tens of thousands of students, faculty, staff, and visitors moving across campus every day, it’s no surprise that the area sees a constant mix of pedestrians, bicycles, scooters, and vehicles all sharing the same space. Unlike many smaller campuses, Mizzou is spread out, with major roads cutting through or bordering key areas. Add in the fact that certain parts of campus are restricted to vehicles during the day but reopen later—often while students are still walking between classes, heading to dinner, or going out in the evening—and you have a situation where pedestrian accidents can and do happen.

If you or your child is hit by a car on Mizzou’s campus, what you do in the moments and days that follow can make a significant difference in both your physical recovery and your legal rights.

Why Pedestrian Accidents Happen at Mizzou

Anyone familiar with campus knows how busy it gets, especially around places like Lowry Mall, Rollins Street, and the areas near the Mizzou Rec Center and Student Center. During class changes, thousands of students cross streets at the same time. Drivers—whether they are students, parents, delivery vehicles, or rideshare drivers—are often navigating unfamiliar routes, watching for parking, or trying to beat traffic.

At the same time, many pedestrians are distracted. It’s common to see students walking while looking at their phones, wearing headphones, or rushing to class. That combination—high foot traffic, changing traffic patterns, and distracted individuals on both sides—creates the perfect environment for a collision.

Missouri Law on Pedestrian vs. Motor Vehicle Accidents

Under Missouri law, drivers of motor vehicles are held to what is known as the “highest degree of care.” See RSMo. § 304.012 . This is a heightened legal standard that requires drivers to exercise the utmost caution to avoid injuring others on the roadway, including pedestrians. That duty includes keeping a careful lookout, yielding when required, maintaining control of the vehicle, and adjusting to conditions—like heavy foot traffic on a college campus.

By contrast, pedestrians are only required to exercise ordinary care for their own safety. In other words, pedestrians must act reasonably under the circumstances, such as paying attention to their surroundings and avoiding obvious dangers, but they are not held to the same heightened standard as drivers.

As such, even if a pedestrian is distracted or not using a designated crosswalk, that does not automatically relieve the driver of responsibility. Missouri follows a comparative fault system, meaning a pedestrian can still recover damages even if they are partially at fault for the incident. In many campus-related cases, the focus becomes whether the driver could have avoided the collision by exercising the highest degree of care under the circumstances. Given the known congestion and pedestrian-heavy environment at Mizzou, drivers are expected to anticipate foot traffic and operate accordingly.

Seek Medical Care Immediately

After a pedestrian accident, your first priority should always be your health. Even if you think your injuries are minor, it is important to be evaluated as soon as possible. Adrenaline can mask serious injuries, and conditions like concussions, internal injuries, or soft tissue damage may not be immediately obvious.

If emergency services are called, accept transport if recommended. If not, follow up at an urgent care or with your primary care provider the same day or as soon as you can. Prompt medical treatment not only protects your health, but it also creates clear documentation connecting your injuries to the incident.

Get Information at the Scene If You Can

If you are physically able, try to gather as much information as possible before leaving the scene. This includes the driver’s name, contact information, driver’s license number, and insurance details. If there are witnesses—other students, faculty, or bystanders—ask for their names and phone numbers as well.

In many cases on campus, there may also be nearby surveillance cameras or campus police who respond to the scene. Make sure an incident report is created, whether through campus police or local law enforcement. That report can become critical evidence later.

If you are unable to collect this information due to your injuries, don’t worry—this is something an attorney can often help investigate after the fact.

Be Careful What You Say

It’s natural to want to apologize or downplay what happened, especially in a stressful moment. However, statements made at the scene can be misunderstood or later used against you. Avoid making statements about fault or saying that you are “fine” if you are unsure. Stick to the facts when speaking with police or others.

Understand That Insurance Companies Move Quickly

Shortly after the accident, you may be contacted by the driver’s insurance company. While they may seem helpful, their goal is to minimize what they have to pay. They may ask for a recorded statement or attempt to settle the claim quickly before you fully understand the extent of your injuries.

It is almost always a mistake to provide a recorded statement or accept a settlement without first speaking to an attorney who handles personal injury cases in Missouri.

Contact a Local Attorney Who Knows Mid-Missouri

Accidents on Mizzou’s campus are unique. They often involve campus-specific traffic patterns, local law enforcement agencies, and sometimes overlapping jurisdictional issues. Having an attorney who is based in Columbia and understands how these cases are handled locally can make a real difference.

An experienced local attorney can help gather evidence, obtain reports, identify insurance coverage, and deal directly with the insurance company so you can focus on recovery. Just as importantly, they can evaluate the full extent of your damages—medical bills, lost wages, future care, and pain and suffering—before any settlement is considered.

Being hit by a car on campus is a frightening experience, especially for students and families who are already dealing with the demands of school and daily life. The steps you take after matter. Getting prompt medical care, preserving evidence, and speaking with the right legal counsel can help ensure that you are protected.

At Duckworth Injury Law, we’re proud to be part of the Columbia community and to serve students and families throughout Mid-Missouri. If you or a loved one has been injured on Mizzou’s campus, you don’t have to navigate the process alone. Reach out today for a free consultation, and let’s talk about how we can help you move forward.

Can My Social Media Posts Be Used as Evidence in My Personal Injury Case in Missouri?

Wed, 08 Apr 2026 19:05:49 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. At the beginning of a personal injury case, EC consults his clients about the personal injury litigation process and the dangers of social media posts.

How Social Media Can Impact Your Personal Injury Case in Missouri: What Columbia & Mid-Missouri Injury Victims Need to Know

If you have been injured in an accident in Columbia , Jefferson City , the Lake of the Ozarks , Fulton, Boonville, Moberly, or elsewhere in mid-Missouri, one of the most common—and most costly—mistakes people make is continuing to use social media without realizing how it can affect their personal injury case. Many individuals assume that what they post online is harmless or private, but in reality, social media activity is frequently scrutinized by insurance companies and defense attorneys. In a personal injury claim, your online presence can quickly become a central piece of evidence, and even seemingly innocent posts can have significant consequences.

In Missouri personal injury cases, social media content is generally discoverable and admissible as evidence so long as it is relevant to the issues in the case and can be properly authenticated . This includes photographs, videos, captions, comments, messages, and even activity tracking or location data. If a post relates in any way to your physical condition, your activities, or the circumstances of your accident, there is a strong likelihood that the defense will attempt to obtain and use it. Courts do not treat social media differently simply because it is informal; in fact, juries often give considerable weight to visual and personal content shared online.

How insurance companies use social media in Missouri personal injury lawsuits

A particularly important legal concept in this context is the rule regarding statements of a party opponent. Under Missouri law, your own statements—whether made in person, in writing, or online—can be used against you and are generally not excluded as hearsay when offered by the opposing party. This means that something as casual as a social media caption stating that you are “feeling better,” a photo showing you attending an event, or a video depicting physical activity can all be introduced as evidence to challenge your injury claims. Critically, these statements do not have to be intentionally misleading or made with any awareness of a legal claim; they only need to be inconsistent with the position you are taking in your case. In such cases, it’s likely defense counsel will attempt to impeach your testimony of injury with their cross-examination using your social media posts.

How social media can be taken out of context in Missouri injury claims

One of the biggest risks associated with social media evidence is how easily it can be taken out of context. Social media captures isolated moments rather than the full reality of a person’s condition. A photograph showing you smiling at a family gathering does not reveal the pain you may have experienced before or after that moment, nor does a short video demonstrate the limitations or recovery time associated with your injuries. Despite this, defense attorneys are skilled at selecting and presenting these isolated snapshots in a way that suggests exaggeration or inconsistency. Jurors, who may not have the benefit of full context, can be influenced by these curated impressions.

In addition to the content itself being used as evidence, social media activity can significantly expand the scope of discovery in your case. If the defense identifies posts that appear relevant, they may request broader access to your social media accounts, including historical posts, deleted content, private messages, and metadata such as timestamps and location information. Missouri courts often permit this type of discovery when there is a reasonable basis to believe relevant information exists. Once that threshold is met, what began as a single post can open the door to a much deeper examination of your digital life.

Many people understandably consider deleting posts once they realize the potential risk, but this approach can create even more serious problems. Removing social media content after a claim has arisen may be viewed as destruction of evidence, commonly referred to as spoliation. If the court determines that relevant evidence was intentionally deleted, it can impose significant consequences, including allowing the jury to assume the deleted content was unfavorable, excluding evidence that might otherwise support your case, or even issuing sanctions. For this reason, the safer and more appropriate course is to stop posting altogether rather than attempting to remove existing content.

How to protect your Missouri personal injury claim from social media risks & damaging online evidence

The best way to protect your personal injury claim is to exercise caution and restraint with social media from the outset. Avoid discussing the accident, your injuries, or your recovery online. Be mindful that even unrelated posts showing physical activity or travel could be misinterpreted. It is also wise to ask friends and family not to tag you in posts or share content involving you, as these posts can also become part of the case. While setting your accounts to private may offer some limited protection, it does not prevent discovery, and you should always assume that anything posted online could eventually be seen by the defense.

Ultimately, social media can become one of the most damaging forms of evidence in a Missouri personal injury case, not because it tells the entire story, but because it often presents an incomplete and misleading version of events. Your own words, images, and interactions can be used to challenge your credibility and reduce the value of your claim. Even a single post can have a meaningful impact on how your case is perceived by an insurance adjuster, opposing counsel, or a jury.

Protect Your Missouri Personal Injury Claim With Experienced Legal Guidance & Free Consultations With No Fee Unless You Recover Compensation

If you have been injured in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere in Mid-Missouri, it is important to understand how evidence—including social media—can affect your case. At Duckworth Injury Law, we work closely with our clients to help them avoid common pitfalls and protect the strength of their claims from the very beginning. Consultations are free, and there is no fee unless compensation is recovered.

What is a “Personal Injury Claim” in Missouri?

Mon, 30 Mar 2026 15:57:13 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC prides himself as being a top personal injury attorney and the hometown choice for mid-Missouri injury victims.

Duckworth Injury Law Is Mid-Missouri’s Personal Injury Attorney. Learn More About Personal Injury Law From Experienced Hometown Lawyer, EC Duckworth

If you have been injured in an accident in Columbia , Jefferson City , the Lake of the Ozarks , Fulton, Boonville, Moberly, or elsewhere in mid-Missouri, you have likely heard the term “personal injury claim.” While it is a common phrase, many people are unsure what it actually means or how it applies under Missouri law. Understanding this concept is an important first step in protecting your rights and putting yourself in the best position to recover financially after an injury.

At its core, a personal injury claim is a legal claim for compensation that arises when someone is harmed because of another person or company’s actions . In Missouri, this typically means that an individual has suffered physical injuries, financial losses, or other damages because someone else failed to act with reasonable care. Whether the incident involves a car crash on I-70 in Columbia, a fall at a business in Jefferson City, a boating accident at the Lake of the Ozarks, or a collision on a rural roadway near Fulton, Boonville, or Moberly, the underlying legal principles are generally the same.

Understanding negligence & common types of personal injury claims in Missouri

Most personal injury claims in Missouri are based on the concept of negligence. In practical terms, negligence occurs when someone has a duty to act carefully, fails to meet that duty, and causes harm as a result. For example, drivers have a responsibility to follow traffic laws and operate their vehicles safely. When a driver speeds, texts while driving, or otherwise acts carelessly and causes a crash, that conduct may form the basis of a personal injury claim. Similarly, property owners have a duty to maintain reasonably safe conditions. If unsafe conditions lead to a fall or other injury, that too may give rise to a claim.

To successfully pursue a personal injury claim, there must be a clear connection between the at-fault party’s actions and the injury suffered. In addition, the injured person must have sustained measurable damages. These damages often include medical expenses, lost income, and the physical and emotional toll of the injury. In more serious cases, damages may also involve long-term disability, future medical care, or permanent changes to a person’s quality of life.

Missouri personal injury claims: common cases, potential compensation & key deadlines

Across Mid-Missouri, personal injury claims arise in a wide variety of situations. Car and truck accidents are among the most common, particularly along heavily traveled corridors like I-70 and Highway 63. In the Lake of the Ozarks area, boating accidents frequently lead to injury claims due to high traffic, speed, and alcohol-related incidents on the water. Slip and fall cases, dog bites, motorcycle accidents, and wrongful death claims are also regularly seen throughout Columbia, Jefferson City, and surrounding communities like Fulton, Boonville, and Moberly.

When a personal injury claim is successful, the injured person may be entitled to compensation for both financial losses and more intangible harms. This can include reimbursement for medical bills and lost wages, as well as compensation for pain, suffering, and emotional distress. In cases involving serious or permanent injuries, the value of a claim may also reflect future medical needs and the long-term impact the injury will have on a person’s ability to work and live independently.

Missouri law places a time limit on how long you have to bring a personal injury claim . In most cases, an injured adult has five years from the date of the injury to file a lawsuit. However, there are important exceptions. Wrongful death claims generally must be filed within three years, and claims involving medical malpractice or government entities may have shorter deadlines or additional requirements. Because of these variations, it is important to evaluate your situation early to avoid losing your right to pursue compensation.

A personal injury claim in Missouri moves from investigation to settlement or trial & is shaped by local courts & unique circumstances

The process of a personal injury claim often begins with an investigation into how the accident occurred, followed by ongoing medical treatment and documentation of injuries. From there, the claim is typically presented to the at-fault party’s insurance company, and negotiations may take place in an effort to reach a settlement. If a fair resolution cannot be reached, a lawsuit may be filed, and the case may proceed through litigation and, if necessary, trial. While many cases do resolve before trial, preparing each case thoroughly from the beginning is often what leads to stronger outcomes.

Although personal injury law is governed by statewide rules, the reality is that these cases are often shaped by local factors. Courts in Boone County, Cole County, Camden County, Miller County, Callaway County, Cooper County, and Randolph County each have their own procedures, tendencies, and expectations. Insurance companies are also familiar with local juries and verdict trends. For that reason, working with an attorney who understands the Mid-Missouri legal landscape can play an important role in how a claim is handled and ultimately resolved.

If you or a loved one has been injured in Columbia, Jefferson City, the Lake of the Ozarks, Fulton, Boonville, Moberly, or elsewhere in Mid-Missouri, it is important to understand that you have rights under Missouri law. Navigating a personal injury claim can feel overwhelming, particularly while dealing with injuries and recovery. Having experienced legal guidance can help ensure that your claim is properly evaluated, your damages are fully accounted for, and your case is positioned for the best possible outcome.

Contact Duckworth Injury Law today for trusted local guidance on your personal injury claim in Missouri

If you’ve been injured and are unsure whether you have a claim, the most important step you can take is getting clear, local guidance early. At Duckworth Injury Law, EC Duckworth helps individuals and families across Mid-Missouri understand their options and fight for the full compensation they deserve. You’ll work directly with an experienced local attorney who knows the courts, the insurance companies, and the unique challenges injury victims face in this region.

Consultations are free, and you pay nothing unless we recover compensation for you. Call Duckworth Injury Law today or contact us online to get answers and start moving your case forward.

How Much Money of a $100,000 Personal Injury Settlement Will I Actually Receive?

Thu, 26 Mar 2026 15:21:23 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. Even after a case is settled, EC works hard to negotiate down medical liens to provide his clients with maximum recovery.

There Are Many Factors That Will Impact What You Take Home After a Settlement Is Paid Out. Learn More From Mid-MO’s Personal Injury Attorney EC Duckworth

If you’ve been injured in an accident in Missouri and hear that your case might settle for $100,000, your first question is usually:

“How much of that do I actually take home?”

The answer depends on several factors, including the amount of attorney’s fees, case expenses, and medical bills/liens that must be paid from your settlement. However, in our experience, clients tend to average a net recovery of around 50% of the total gross settlement .

Read below to learn more about how your net settlement amount is calculated. This guide also functions as a Missouri personal injury net settlement calculator to help you estimate your take-home amount.

Factors that impact your final takehome amount after a settlement is reached in a Missouri personal injury case

1. ATTORNEY’S FEES (33%–40%)

Most Missouri personal injury attorneys work on a contingency fee basis ( read more about how contingency fee agreements work here ). That means you pay nothing upfront and your attorney only gets paid if they recover money for you. Many mid-Missouri personal injury firms work on a sliding scale fee structure, with your attorney’s fee percentage increasing if the case is resolved after a lawsuit is filed. A common attorney fee structure is 33 & 1/3 of the total settlement if the case settles pre-suit and 40% of the total settlement if litigation is required.

Example:

$100,000 settlement

– $33,333 attorney fee

Remaining: $66,667

2. CASE EXPENSES

Case expenses are the out-of-pocket costs required to properly investigate, build, and pursue your personal injury claim. These are not attorneys’ fees, but separate litigation costs such as obtaining medical records and bills, filing fees with the court, deposition transcripts, expert witness fees, and other evidence-related expenses. In most Missouri personal injury cases, these expenses are advanced by your attorney during the case and then reimbursed out of the settlement at the end. While they vary depending on the complexity of the case, they are a necessary investment to maximize the value of your claim.

Expenses typically range from $500 to $5,000+ (however, costs can be much higher for catastrophic injury and wrongful death cases).

Examples of common case expenses include:

Medical record fees
Filing fees
Depositions
Expert witnesses

Example:

– $1,500 expenses

Remaining: $65,167

3. MEDICAL BILLS, MEDICAL LIENS, AND HEALTH INSURANCE REIMBURSEMENT

One of the biggest factors affecting how much money you actually receive from a personal injury settlement in Missouri is how medical expenses are handled. This includes not just your medical bills, but also medical liens and health insurance reimbursement claims (often called subrogation).

If you received treatment after your accident and those bills remain unpaid, they will typically need to be satisfied out of your settlement. Even if providers have not sent your account to collections, they often expect payment once your case resolves. This may include:

Emergency room treatment
Hospital stays
Physical therapy
Chiropractic care
Follow-up care or specialists

In many cases, healthcare providers will assert a lien against your personal injury settlement. A lien means the provider has a legal right to be paid directly from your recovery. Missouri law specifically addresses this through RSMo. § 430.230 , which places important limits on these claims. It’s important to note that medical providers who assert a lien cannot take more than 50% of the remaining settlement after attorney’s fees and expenses are deducted. If multiple providers assert liens, they must typically share proportionally. However, these liens are often negotiable and reducible, especially with experienced legal representation.

Finally, if your health insurance paid for your treatment, the insurance company may assert a right of reimbursement (called subrogation). Common health insurance plans that must be reimbursed include employer-sponsored ERISA plans, Medicare, Medicaid, and Tricare.

Learn more about how your medical bills are handled after a mid-Missouri car accident here .

Example:

– $20,000 medical bills

Remaining: $45,167

4. PERSONAL INJURY SETTLEMENT LOANS

If you’ve been injured and are waiting on your case to settle, you may have seen advertisements offering “cash now” in exchange for a portion of your future settlement. These are commonly called personal injury loans or pre-settlement advances.

A personal injury loan is not a traditional loan. Instead, it is a cash advance against your expected settlement. You receive money upfront while your case is pending, and the loan company is repaid only if you recover money. If you lose your case, you typically owe nothing (non-recourse). Because of this risk, these companies charge very high fees and interest rates.

Learn more about Missouri personal injury case settlement advances here.

Example:

– $5,000 settlement loan

Remaining: $40,167

HYPOTHETICAL SETTLEMENT EXAMPLES

Example 1 (Simple Case):

Settlement: $100,000

Fees: –$33,333

Expenses: –$1,500

Medical Bills: –$20,000

Client’s Net Recovery: $45,167

Example 2 (With Lien Reduction):

Settlement: $100,000

Fees: –$33,333

Expenses: –$2,000

Medical Bills: $40,000 reduced to $25,000

Client’s Net Recovery: $39,667

Example 3 (Litigation + Loan):

Settlement: $100,000

Fees: –$40,000

Expenses: –$4,000

Health Insurance Lien: $30,000 reduced to $20,000

Settlement Loan: –$10,000

Client’s Net Recovery: $26,000

MISSOURI NET SETTLEMENT CALCULATOR FORMULA

Start with total settlement, then subtract the following:

Total Settlement Amount
– Attorney Fees

– Case Expenses

– Medical Bills / Liens

– Loans
= Your Net Recovery

Learn What to Expect From Your Settlement Payout When You Consult With EC Duckworth, Columbia, Mo’s Hometown Personal Injury Attorney

A $100,000 personal injury settlement in Missouri is not the same as $100,000 in your pocket. Once attorney’s fees, case expenses, medical bills, liens, and any loans are accounted for, the final amount you receive can look very different. The key takeaways are simple:

A $100,000 settlement is not what you take home
Most clients receive between $33,000 and $66,000 from a $100K settlement
Negotiation of medical liens and bills is critical to maximizing recovery
High-interest injury loans can significantly reduce your payout

What this means in practice is that the outcome of your case is not just about the settlement number—it’s about how that settlement is handled. Two identical settlements can produce very different results depending on strategy, negotiation, and experience.

If you’ve been injured in Missouri and want a clear, honest breakdown of what your case could actually net—not just settle for—Duckworth Injury Law is here to help. We focus on maximizing what matters most: what you take home.

Strategic negotiation of medical bills and lien
Careful management of expenses
Guidance to avoid costly financial traps
Straightforward, no-nonsense advice from a local attorney

Call today for a free consultation. Serving Columbia , Jefferson City , Lake of the Ozarks , and all of Mid-Missouri. No fee unless we win, no surprises – just results that put more money in your pocket.

What To Do If You Are a Pedestrian Hit by a Car in Columbia, Missouri

Tue, 17 Mar 2026 21:24:36 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely handles pedestrian accident personal injury claims in Columbia, Missouri.

Learn What to Do if You or Your Loved One Was Struck by a Vehicle While Walking in Columbia, MO

Columbia, Missouri is known for being a walkable and active community. Residents, students, and visitors walk every day in high traffic areas such as the University of Missouri campus, Downtown Columbia (aka “ The District ”), and along major corridors like Broadway, Providence Road, Stadium Boulevard, and College Avenue. With thousands of pedestrians moving through these areas daily, the risk of pedestrian accidents unfortunately remains real.

If you or a loved one has been hit by a car while walking in Columbia or elsewhere in Boone County, the experience can be overwhelming and confusing. Knowing what steps to take immediately after the crash can help protect both your health and your legal rights. The following guide explains what to do after a pedestrian accident in Columbia, Missouri and what options may be available to you.

Seek Medical Attention and Call 911

Your health should always be the first priority after a pedestrian accident. Even if you believe your injuries are minor, you should call 911 immediately so emergency responders can evaluate you. Pedestrian crashes often result in serious injuries such as traumatic brain injuries, fractures, spinal trauma, or internal bleeding, and some of these injuries may not become obvious until hours later.

Emergency responders from the Columbia Fire Department, the University of Missouri Hospital, or Boone County EMS typically respond to pedestrian accidents within the city. Victims are commonly transported to medical facilities such as University Hospital, Boone Hospital Center, or other MU Health Care facilities. Receiving prompt medical treatment not only protects your health but also creates important medical documentation that may later become critical in an injury claim.

Ensure Police Respond to the Accident Scene

After a pedestrian accident, it is important that law enforcement investigates the crash and prepares an official accident report. In Columbia, the responding agency is usually the Columbia Police Department, although the Boone County Sheriff's Office or the Missouri State Highway Patrol may respond depending on where the accident occurred.

The police report will typically document the location of the crash, statements from the driver and witnesses, the officer’s observations, and any traffic violations that may have occurred. This report often becomes a key piece of evidence when determining fault in a pedestrian accident case.

Preserve Evidence from the Scene

If your injuries allow, try to gather as much information as possible at the scene. Photographs of the intersection, crosswalk markings, traffic signals, vehicle damage, and your visible injuries can later help explain how the crash occurred. You should also obtain the driver’s name, insurance information, and vehicle license plate number if possible.

Pedestrian accidents in Columbia frequently occur in busy areas such as Broadway near Downtown Columbia, intersections surrounding the University of Missouri campus, Stadium Boulevard commercial areas, and Providence Road near campus housing and student traffic. Businesses located near these areas often have security cameras that may capture important video footage of the incident. Preserving this evidence quickly can be extremely important because surveillance footage is often deleted within days.

Understand Missouri Pedestrian Laws

Missouri law includes specific rules governing the interaction between pedestrians and drivers. Under Missouri law, drivers are generally required to yield the right‑of‑way to pedestrians crossing within marked or unmarked crosswalks when traffic control signals are not present. Drivers must slow down or stop when necessary to allow pedestrians to cross safely. It’s important to note, Missouri law requires drivers to exercise the highest degree of care when operating a motor vehicle. See RSMo. § 304.012 .

At the same time, pedestrians must follow pedestrian signals and traffic control devices where they exist. If a pedestrian crosses outside a designated crosswalk, Missouri law generally requires the pedestrian to yield to oncoming traffic. Determining fault in a pedestrian accident therefore depends heavily on the specific facts of the crash. As to pedestrians’ standard of care, pedestrians are required to exercise ordinary care (a lower standard than drivers) in carrying out their actions.

Missouri also follows a comparative fault system . This means that even if a pedestrian is partially responsible for the accident, they may still be able to recover compensation for their injuries, although their recovery may be reduced based on their percentage of fault.

Be Careful When Speaking with Insurance Companies

After a pedestrian accident, insurance companies often move quickly to contact the injured person. While they may appear helpful, their goal is often to minimize the value of the claim. You should be cautious about giving recorded statements or speculating about how the accident occurred. Check out our blog on why you should not give a recorded statement here .

Pedestrian accident victims are frequently dealing with pain, confusion, and shock immediately after the crash. Statements made during this time can later be used by insurers to argue that the pedestrian was responsible for the incident. For this reason, many injury victims choose to speak with an attorney before providing detailed statements to insurance companies.

Common Locations for Pedestrian Accidents in Columbia

Certain areas of Columbia experience heavier pedestrian traffic and therefore tend to see more pedestrian‑vehicle collisions. The Downtown Columbia district and the University of Missouri campus are among the most active pedestrian environments in the region. Large numbers of students cross streets throughout the day near Broadway, Ninth Street, College Avenue, and Rollins Street.

Other areas with frequent pedestrian activity include the Stadium Boulevard shopping corridor, Providence Road near campus and student housing, Business Loop 70 near commercial centers, and intersections connecting the Katy Trail and other pedestrian routes. Increased nighttime activity near restaurants, bars, and entertainment venues can also contribute to pedestrian crashes, particularly when visibility is reduced or drivers are distracted.

Common Causes of Pedestrian Accidents in Columbia

Pedestrian accidents often occur because drivers fail to pay adequate attention to the roadway. Distracted driving caused by cell phone use is a frequent factor. Other common causes include drivers failing to yield at crosswalks, speeding through intersections, impaired driving, and limited nighttime visibility.

In a college town like Columbia, pedestrian activity continues late into the evening, particularly near Downtown Columbia and around the University of Missouri campus. When drivers are unfamiliar with heavy pedestrian areas or fail to anticipate foot traffic, serious accidents can occur.

Compensation After a Pedestrian Accident

Pedestrian accident victims may be entitled to compensation for the losses they suffer as a result of the crash. These damages may include medical expenses, hospital treatment, rehabilitation costs, lost income, and the physical pain and emotional suffering associated with the injury.

Because pedestrians lack the protection provided by a vehicle, injuries are often severe. Long‑term disabilities, permanent impairments, and future medical needs can significantly increase the value and complexity of a pedestrian injury claim.

Speak With a Columbia, MO Pedestrian Accident Lawyer

If you were struck by a vehicle while walking in Columbia, Missouri, you should not have to handle the aftermath alone. Investigating a pedestrian accident often requires gathering surveillance footage, interviewing witnesses, analyzing traffic patterns, and evaluating Missouri traffic laws.

Duckworth Injury Law represents injured pedestrians throughout Columbia , Boone County, and Mid‑Missouri. Whether the accident occurred near the University of Missouri campus, Downtown Columbia, Providence Road, Stadium Boulevard, or elsewhere in the area, having a local attorney familiar with Columbia roads and traffic patterns can make an important difference when building a case.

If you or a loved one has been injured in a pedestrian accident in Columbia, you may contact Duckworth Injury Law to discuss your case and learn about your leg al options.

What To Do If You Are Sued Following a Car Accident in Missouri

Mon, 09 Mar 2026 18:08:47 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. While EC’s law firm focuses its practice almost exclusively on helping plaintiffs (i.e., the injured party) recover the compensation they deserve after a car accident, EC started his career as a defense attorney.

If You Are Potentially Facing a Lawsuit After a Vehicle Wreck, You Need to Review Your Legal Options With a Missouri Injury Attorney Like EC Duckworth

Being served with a lawsuit after a car accident can feel overwhelming. Many people panic when they are served with legal documents with words like “Petition,” “Summons,” or “Plaintiff.” However, if you find yourself being sued after a car accident, take a deep breath. A lawsuit is not the end of the world, and it is often simply the next step in the legal process when a settlement cannot be reached beforehand.

In many Missouri car accident cases, settlement negotiations stall because there is a dispute about: Liability (who was at fault for the crash), or Damages (how much the claim is worth). When this happens, the injured party’s attorney may file a lawsuit to move the case forward. Importantly, the vast majority of personal injury cases in Missouri settle before trial, even after a lawsuit has been filed.

If you’ve been sued after a car accident, here are the steps you should take.

Step 1: Do Not Ignore the Lawsuit

One of the worst things you can do is ignore the legal paperwork. If you are served with a lawsuit in Missouri, you typically have 30 days to file a formal response (called an “Answer”) with the court. If you fail to respond within this time frame, the plaintiff may seek a default judgment against you. A default judgment means the court may rule against you automatically without hearing your side of the case. For this reason, it is critical to take the lawsuit seriously and respond quickly.

Step 2: Contact Your Auto Insurance Company Immediately

If you had auto insurance at the time of the accident, your first call should be to your insurance company. Most auto insurance policies include two important protections:

Duty to Defend

Your insurance company must hire and pay for an attorney to defend you in the lawsuit.

Duty to Indemnify

Your insurer must also pay any settlement or judgment entered against you, up to the limits of your insurance policy.

For example, if you have $100,000 in liability coverage, your insurance company will generally pay up to $100,000 to resolve the claim in addition to paying for the costs of your lawyer.

Step 3: Understand That Your Insurance Company Usually Chooses the Lawyer

Many people are surprised to learn that they usually do not get to choose the defense attorney hired by their insurance company. Most insurance carriers have agreements with certain law firms to handle their personal injury defense cases within specific geographic regions. These lawyers regularly defend automobile accident claims on behalf of insurance companies.

Your insurance defense lawyer will typically:

File an answer to the lawsuit
Conduct written discovery
Take depositions of parties and witnesses
Hire experts if necessary
Attempt to resolve the case through settlement negotiations
Defend you at trial if the case does not settle

Step 4: Cooperate Fully With Your Defense Attorney

Once your insurance company assigns a lawyer to defend you, it is important to cooperate with them. Your attorney may request accident details, photos, or videos from the scene, your insurance policy information, medical records if you were injured, and witness information (among other information). Respond to these requests promptly and honestly. Providing incomplete or inaccurate information can harm your defense and may complicate your insurance coverage.

Step 5: Avoid Posting About the Accident or Lawsuit on Social Media

Anything you post online can potentially be used as evidence in the case. Examples of risky social media activity include: posting about the accident, discussing the lawsuit or legal process, sharing photos that contradict your testimony, and commenting on the plaintiff’s injuries.

As a general rule, it is best to avoid posting about the accident or lawsuit entirely until the case is resolved.

Step 6: Consider Hiring Personal Counsel

Although the insurance company hires a defense lawyer to represent you, that attorney is ultimately being paid by the insurance company. In most cases, the interests of the insurance company and the insured driver align. However, potential conflicts can arise in certain situations. For example, possible conflicts arise when the plaintiff’s damages exceed your insurance limits, when the insurance company refuses to settle within policy limits, or if a coverage dispute arises. In situations where your personal financial exposure is significant, it may be wise to consult with your own attorney for independent legal advice.

Step 7: Encourage Your Insurance Company to Settle Within Policy Limits

If the plaintiff’s injuries are serious and their damages may exceed your insurance coverage, it is important that your insurance company carefully evaluate settlement opportunities. In Missouri, insurance companies can sometimes face bad faith claims if they unreasonably refuse to settle a claim within policy limits and expose their insured to an excess judgment. You (or your personal counsel) can send a “Hammer Letter” to your insurance company, expressing your desire that your insurance company settle the case within your policy limits.

Step 8: Understand That Most Cases Still Settle

Many people assume that once a lawsuit is filed, the case will inevitably go to trial. That is rarely the case. Most Missouri personal injury lawsuits settle before trial, often during discovery or mediation.

After the lawsuit is filed, the case typically proceeds through several stages:

1. Answer filed by the defendant

2. Written discovery exchanged

3. Depositions of parties and witnesses

4. Expert witnesses retained

5. Settlement negotiations or mediation

6. Trial (if the case does not settle)

This process can take months or even years, depending on the complexity of the case.

Consult Duckworth Injury Law About Your Missouri Car Accident Lawsuit. Our Understanding Counsel Will Walk You Through It From Beginning to End

Being sued after a car accident in Missouri can feel intimidating, but it is a common part of the legal process when settlement negotiations stall. If you are sued: notify your insurance company immediately, cooperate with your defense attorney, avoid discussing the case publicly, and consider consulting personal counsel if significant financial exposure exists. Most importantly, remember that the majority of personal injury lawsuits are resolved through settlement long before trial.

If you were injured in a car accident in Columbia , Jefferson City , Lake of the Ozarks , or anywhere in Mid-Missouri, understanding the legal process is critical to protecting your rights. At Duckworth Injury Law, attorney EC Duckworth helps injury victims navigate the legal system and pursue the compensation they deserve.

Contact Duckworth Injury Law today for a free consultation to discuss your case.

Why You Shouldn’t Give A Recorded Statement After a Columbia, MO Car Crash

Tue, 03 Mar 2026 21:23:33 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely consults with expert witnesses to maximize the value and your ultimate recovery in your personal injury case.

Don’t Make the Mistake of Giving a Statement to an Insurance Company Without Consulting a Columbia, MO Car Crash Lawyer. Consult With Duckworth Injury Law First

If you’ve been in a car wreck in Columbia, Missouri, whether it happened on I-70, US-63, Providence Road, or near downtown on E. Broadway, there’s a good chance the insurance company will call quickly and ask for a recorded statement.

They may sound friendly. They may say they “just need your side.” They may even act like it’s required. In most cases, giving a recorded statement—especially to the other driver’s insurance company—is a mistake. Here’s why, and what you should do instead.

What Is a “Recorded Statement” After a Car Accident in Columbia, MO?

A recorded statement is an interview—usually over the phone—where an insurance adjuster asks questions while recording your answers. The adjuster is building a file to evaluate the claim and decide whether to pay, how much to pay, and who (they say) is at fault.

Here’s why you should not give a recorded statement without first speaking with an experienced Columbia, MO car accident lawyer:

1. You’re Typically Not Required to Give the Other Driver’s Insurer a Recorded Statement

After a Columbia crash, you’re typically dealing with two insurance companies: Your insurer (first-party claim: MedPay, collision, UM/UIM, etc.); and the at-fault driver’s insurer (third-party liability claim).

In most situations, you are not legally obligated to provide a recorded statement to the other driver’s insurance company—and doing so can create unnecessary risk. The exception to this is when you are making a claim under your own insurance policy. Your own policy may require cooperation for certain benefits (like collision/MedPay/UM). But even then, you should speak with a Columbia lawyer first.

2. Car Accidents are Traumatic – You Do Not Need to Be Worrying About Making a Statement in the Moments After a Crash

Right after a wreck, your body is full of adrenaline. Pain and symptoms can ramp up hours (or days) later. It’s extremely common for someone to say things like: “I’m okay”, “I didn’t see them, “It happened so fast”, or “Maybe I was going a little fast…”. Those phrases can be taken out of context later and used to argue you weren’t hurt, you weren’t paying attention, or you share blame.

Instead, seek medical attention right away, and focus on your physical and emotional wellbeing. Once you’ve had a chance to address your medical needs, schedule an appointment with a local injury lawyer to discuss your next steps. Your injury attorney can then provide information to the at-fault party’s insurance company in an appropriate fashion so that your case is not inadvertently negatively affected by something you say.

3. Insurance Companies Are Not Looking Out for Your Best Interests

Insurance companies care about one thing: maximizing their profit by taking in premium payments and limiting claim payments. As such, when an insurance company calls you after a crash, they are looking for any reason they can to avoid paying you full and fair compensation for your claim.

Adjusters are trained to gather soundbites that support denial or discounting. Common examples:

“You didn’t see my insured until the last second, right?”
“So you’re not sure if your light was green?”
“You didn’t go to the ER that day, correct?”
“Your neck pain didn’t start until later, right?”

Even truthful answers can be framed to suggest that you caused or contributed to the crash, that you weren’t injured, or that injuries came from something other than the crash. Missouri also follows pure comparative fault , meaning a claim can be reduced by whatever percentage of fault is assigned to you. Missouri courts adopted comparative fault in Gustafson v. Benda. That’s exactly why insurance companies push for recorded statements early: they’re looking for statements that can increase your “fault percentage” and reduce what they pay.

4. Once A Recorded Statement is Given, You Can’t Unring the Bell

A recorded statement becomes part of the insurer’s file. If the claim escalates, it may show up again during settlement talks or litigation. Even “minor” inconsistencies—like estimating your speed, describing the exact lane position, or guessing distances—can be portrayed as credibility issues.

Further, under Missouri law, a statement provided by you in a recorded statement can often be used as evidence against you in a later deposition of jury trial. These statements are often allowed as exceptions to the hearsay rule as a statement of a party opponent.

Frequently Asked Questions Regarding Recorded Statements After a Columbia, MO Car Crash

Don’t endanger your personal injury case by submitting a recorded statement to an insurance company. Call EC Duckworth in Columbia, MO

After a car accident in Columbia, MO, the insurance company moves fast, often before you’ve had time to see a doctor, review the crash report, or fully understand your injuries. A recorded statement may seem harmless, but one poorly worded answer can reduce the value of your claim or shift blame onto you under Missouri’s comparative fault rules.

However, you don’t have to handle that pressure alone. If you were injured on I-70, Highway 63, Providence Road, Stadium Boulevard, or anywhere in Boone County, speak with a local attorney before giving any recorded statement. At Duckworth Injury Law, you’ll work directly with EC Duckworth — not a call center, not a case manager, and not a firm hours away.

As a Columbia-based personal injury attorney, EC knows the local roads, local courts, and local insurance tactics — and he personally handles your case from start to finish. Before you agree to be recorded, make one call that protects your rights. Call Duckworth Injury Law today for a free consultation.

What are “Experts” in a Missouri Personal Injury Case – and Why Do They Matter?

Tue, 24 Feb 2026 15:46:34 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely consults with expert witnesses to maximize the value and your ultimate recovery in your personal injury case.

Who is considered to be an expert witness & how do they influence Missouri personal injury cases?

If your injury claim has entered litigation, or even if you’ve just researched what happens after filing a lawsuit, you’ve probably heard your attorney mention “expert witnesses.” But what exactly is an expert in a Missouri personal injury case?

In simple terms, an expert is someone who knows far more about a specific subject than the average person and who has been permitted by the judge to explain that subject to a jury.

Missouri law defines an expert as ”a witness qualified as an expert by knowledge, skill, experience, training or education…” and who “may testify thereto in the form of an opinion or otherwise.” RSMo. § 490.065.1 .

Expert witnesses are important in Missouri injury cases because they help explain and break down complex topics to a jury. Jurors are often everyday people. They typically are engineers, surgeons, trucking safety directors, or economists. Courts allow experts to bridge the gap between complex science and common understanding.

Before an expert can testify, the judge must decide whether the witness is qualified and whether their opinions are reliable. The defense will often challenge this, sometimes aggressively, because a strong expert can significantly strengthen an injury claim.

Why Experts Are Used in Missouri Personal Injury Cases

Expert witnesses are generally used for two major purposes: (1) proving fault (liability); and (2) proving harm (damages).

1. Proving Fault (Liability)

While sometimes fault is obvious (e.g. a rear-end collision where a car is stopped at a red traffic light on Grindstone Parkway in Columbia), other times it’s hotly contested (e.g., a T-bone collision involving a dispute as to which party had a green light at the intersection of Stadium Boulevard and West Broadway). In situations where fault is contested and not clear, an expert may be used to analyze evidence and explain what actually happened based on science, physics, or industry standards.

2. Proving Harm (Damages)

Even when fault has been established, insurance companies and defense attorneys often fight regarding the value of the case. Common arguments include that a plaintiff wasn’t hurt, wasn’t hurt that badly, had unnecessary treatment, was caused by a preexisting condition, etc. Medical and financial experts are used to show the true impact of an injury, both now and into the future.

Common Experts in Missouri Injury Cases

Do All Missouri Personal Injury Cases Need Expert Witnesses?

No, many personal injury cases are resolved without the need for expert witnesses. Experts are expensive, often costing thousands of dollars apiece for their work reviewing the file, creating a report, and testifying. Because of that, your attorney must perform a cost-benefit analysis: “Will this expert meaningfully increase the value of the case beyond their cost?” Sometimes the answer is yes — and the expert dramatically increases the recovery. Other times, the case can be proven effectively without one. Choosing the right expert strategy is part of skilled case evaluation performed by your lawyer.

How Duckworth Injury Law Uses Expert Witnesses

At Duckworth Injury Law, we carefully evaluate every case to determine:

Whether expert testimony is necessary
What type of expert is appropriate
Whether the cost adds meaningful value
How to present the opinions clearly to a jury

Attorney EC Duckworth has handled hundreds of injury claims across Mid-Missouri and understands when expert involvement can substantially improve case outcomes — and when it won’t. Every injury case is different. Some cases require multiple experts, where others require none.

If you’ve been injured because of someone else’s negligence, it’s important to have your claim evaluated properly — before critical evidence is lost and before the insurance company defines your case for you. Contact Duckworth Injury Law today for a free consultation. Attorney EC Duckworth will help you understand your options and what your case truly requires.

Injured at a Columbia, MO Apartment Complex: Who is Responsible?

Tue, 17 Feb 2026 20:41:51 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC has handled many premises liability personal injury cases in Columbia, MO and across Mid-Missouri.

Understand Who Is Responsible for Covering the Cost of Injuries After an Accident at a Columbia, MO Apartment

With over 130,000 residents, and tens of thousands of students across Mizzou, Columbia College, and Stephens College, Columbia, Missouri has a plethora of apartment complexes to house its growing population. And with so many apartment complexes across CoMo, apartment accident injuries are far more common than people expect.

For instance: What happens when someone slips on icy steps at Aria Apartments? Or if a handrail gives way at Katy Place Apartments? Or if a balcony collapses at The Domain at Columbia?

While people often assume the landlord is automatically responsible, it’s not always that simple under Missouri law. Under Missouri’s premises liability law, liability usually depends on who had control over the dangerous condition – not just who owns the property. Often, more than one party shares fault. The person or company responsible for maintaining the dangerous condition is usually the one responsible for the injury — but apartment complexes involve multiple layers of ownership and management, which makes these cases more complicated than a typical property claim.

This article explains how liability typically works when someone is hurt at a Columbia apartment complex.

The liability of the property owner and/or landlord at a Columbia, MO apartment building

Missouri law requires that landlords use reasonable care to keep common areas reasonably safe for tenants and visitors. In other words, while a landlord is generally not responsible for conditions inside a tenant’s private unit after possession is transferred, the landlord is still responsible for maintaining the spaces used by all residents and/or visitors. These common spaces in which a landlord maintains responsibility for taking care of include:

Sidewalks
Staircases
Parking lots
Exterior light systems
Shared swimming pools and pool areas
Other apartment common areas

While the law doesn’t require property owners to be perfect in maintaining these areas, it does expect property owners to use reasonable care in maintaining such. If a property owner knew – or should have known – about a dangerous condition on their property, they may be liable if an injury causing accident later occurs.

How the property management company is involved in a Columbia, MO apartment personal injury case

In many Columbia apartment complexes, tenants never even interact with the actual owner. Rather, day-to-day operations such as leasing, rent payment, and maintenance are handled by a separate property management company. When a property owner hires a property management company, the property management company typically controls:

Maintenance
Safety inspections
Tenant complaints
Repair decisions

The scope of a property management company’s responsibilities will typically be documented in the contract and/or agreement that it has with the property owner. When a property management company fails to use reasonable care in maintaining, inspecting, or repairing areas of the apartment complex for which it was hired to handle, the property management company may be liable when a person is injured as a result of their failure to do so. Likewise, if a tenant reports a dangerous condition and management delays fixing it, the management company may be the primary responsible party in a personal injury claim.

Other third-party contractors involvement in a personal injury case

For more specialized services, a property owner or the property management company may hire another third-party contractor. Common examples of these contracted services include:

Snow removal
Leaf removal
Electricians
Carpenters
Security patrol services
Security camera systems

If the apartment complex hires a third-party contractor to handle any of the above services for the complex, and the contractor performs negligent work (like leaving untreated ice or installing a defective railing on a deck), the contractor may also be liable for their own negligence.

The responsibility of a tenant of the apartment complex

Not every apartment injury is caused by the negligence of the property owner or management company. Oftentimes, injury accidents at an apartment complex are caused by the negligence of a tenant at the complex. The key question is “who created the dangerous condition and who had the ability to prevent it?” Common scenarios where a tenant will be responsible for another person’s personal injuries include:

Dog bites and animal attacks (by an animal owned by a tenant)
Dangerous conditions inside a tenant’s apartment (tripping hazards, leaving a stovetop burner on, defective furniture, installing fixtures incorrectly, etc.)
Acts of the tenant (throwing an object off their balcony, running or horseplay on stairs, speeding through parking lots, leaving obstacles in walkways, etc.)

In these situations, and many others, the tenant may be responsible (often under their renter’s insurance coverage) for another’s injuries.

Shared responsibility is common in Columbia, MO personal injury cases against an apartment building

Missouri follows a pure comparative fault model in allocating fault between the parties. In other words, multiple parties can share responsibility for the same injury. At trial, a jury would decide what percentage of fault to allocate between all named parties (out of a total of 100%). For example, a jury may find:

Property owner failed to fix a hazard (20% at fault)
Management company performed a faulty repair of the hazard (50% at fault)
Injured person was partially inattentive (30% at fault)

Here, compensation would be reduced by the injured person’s percentage of fault, and the other negligent parties would be responsible for their respective share of the remaining damages.

How to Win a Columbia, Missouri Apartment Premises Liability Case

Most premises liability claims focus on whether the property had adequate notice of the dangerous condition. Generally, an injured person must show:

A hazardous condition existed
The responsible party knew or should have known about it
They failed to repair or warn
The condition caused the injury

Often, the central issue is how long the hazard existed and whether inspections were reasonable. To prove the above elements in a premises liability personal injury claim, evidence must be presented. Important evidence in these cases includes:

Surveillance footage
Photos of the hazardous condition
Work orders
Maintenance logs
Incident reports and prior complaints
Witness names

As many surveillance systems automatically overwrite video within days, it’s important to notify the apartment complex owner and management company of the accident as soon as possible and request preservation of the video (often called a spoliation letter). Further, document the hazardous condition immediately after the injury.

Take Action With Duckworth Injury Law, Columbia, MO’s Leader in Seeking Compensation for Victims of Apartment Complex Accidents

Apartment injury cases can get complicated quickly. The property owner may blame the management company. The management company may blame a contractor. Sometimes another tenant — or their insurance — is involved. Meanwhile, important evidence like maintenance records and security footage can disappear within days.

If you were hurt at a Columbia, MO apartment complex, getting answers early can make a real difference in protecting your claim.

At Duckworth Injury Law, we investigate who actually had responsibility for the dangerous condition and work to preserve the evidence before it’s gone. There’s no cost to speak with us, and you won’t owe a fee unless we recover compensation for you.

If you have questions about an injury at an apartment complex in Columbia , Jefferson City , Lake of the Ozarks , or anywhere else across mid-Missouri, you’re welcome to reach out for a free consultation and straightforward guidance about your options.

What Constitutes a “Total Loss” to a Vehicle in a Missouri Motor Vehicle Accident?

Tue, 10 Feb 2026 17:25:43 GMT

About the Author

Understanding “Total Loss” After a Car Accident in Mid-Missouri

After a serious car crash in Missouri, often one of the first things people hear from the insurance company is: “Your vehicle is a total loss.” But what does that actually mean? And who decides?

If you’ve been involved in a motor vehicle accident in Columbia , Jefferson City , Lake of the Ozarks , or anywhere in Mid-Missouri, understanding how a vehicle is declared a “total loss” can help you protect your rights and maximize your recovery.

What is a “Total Loss” in Missouri?

In simple terms, a vehicle is considered a total loss when the cost to repair it exceeds its fair market value.

Missouri does not use a strict fixed percentage in every situation. Instead, insurance companies typically apply what’s called a Total Loss Formula (TLF):

Cost of Repairs + Salvage Value ≥ Actual Cash Value (ACV)

If the total of repair costs plus what the vehicle could be sold for as salvage equals or exceeds the vehicle’s pre-crash value, the vehicle will generally be declared a total loss.

What Is “Actual Cash Value” (ACV)?

The Actual Cash Value is what your vehicle was worth immediately before the accident — not what you originally paid for it or how much you still owe on the vehicle.

Insurance companies determine ACV using:

Comparable vehicle sales in your area
Mileage
Condition prior to the crash
Aftermarket upgrades
Vehicle history reports

ACV is an important number as it determines how much you’ll receive if your vehicle is totaled.

When Is a Car Automatically a Total Loss?

Certain situations almost always result in a total loss determination:

Severe frame or structural damage
Airbag deployment combined with heavy body damage
Flood or fire damage
Repair costs approaching or exceeding the vehicle’s value

In many cases, newer vehicles with advanced safety systems can be declared total losses even when damage appears moderate, simply because repair costs are so high.

What Happens After a Vehicle Is Declared a Total Loss?

If your vehicle is deemed a total loss, the insurance company will:

Determine the Actual Cash Value
Offer a settlement based on that value
Take possession of the vehicle (unless you retain salvage)

If you still owe money on a loan, the settlement may not cover the balance. In that case, GAP insurance may apply if you carry it.

If you retain the vehicle after it’s declared a total loss, Missouri law generally requires:

Application for a salvage title
Inspection before re-titling
Disclosure requirements upon resale

Retaining salvage is sometimes financially sensible, but not always.

Can You Dispute a Total Loss Determination?

Yes. You have the right to:

Request the valuation report
Challenge incorrect mileage or condition assessments
Provide comparable vehicles showing a higher value
Submit documentation of upgrades or recent repair

In many cases, valuations can be negotiated.

Rental Cars After a Total Loss

In Missouri, the at-fault driver’s insurance typically covers a rental vehicle for a reasonable time — usually until:

The total loss offer is made, or
A few days after the settlement check is issued

Delays in negotiating value can sometimes create rental disputes, which is why timing matters.

Property Damage vs. Injury Claims

Even if your vehicle is totaled, that does not determine the value of your personal injury claim. Insurance companies often move quickly to resolve the vehicle portion of a claim while medical treatment is ongoing. Settling your property damage claim does not typically settle your bodily injury claim, but you should be careful before signing anything and consult with your attorney first.

If You’re Facing a Total Loss of Your Vehicle & Injuries After a Car Crash in Mid-Missouri, Contact Duckworth Injury Law

If you were injured in a crash in Columbia , Jefferson City , Lake of the Ozarks , or anywhere in Mid-Missouri, you do not have to navigate the insurance process alone.

At Duckworth Injury Law, our firm helps clients understand both the property damage and personal injury aspects of their claims and ensure insurance companies treat them fairly.

Schedule a free consultation today if you’ve been told your vehicle is a total loss after a Mssouri motor vehicle accident.

How Long Do I Have to File a Personal Injury Case in Missouri?

Tue, 03 Feb 2026 16:41:37 GMT

About the Author

Do I Need to File a Personal Injury Claim Within a Certain Time Period in Missouri?

In Missouri, an injured party typically has 5 years to file their personal injury case following an accident . If an injured party fails to file their case within 5 years, they may be forever barred from filing their personal injury case moving forward. However, as with many other aspects of the law, this is simply the general rule with regard to personal injury claims, and there are many exceptions depending on the specific facts of your case.

What is a “Statute of Limitations” in a Missouri Personal Injury Case?

A statute of limitations is a law that sets the maximum time limit for a plaintiff (e.g., injured party) to file their case with the appropriate court after an accident has occurred. If the statute of limitations expires prior to the plaintiff filing their case, the plaintiff is generally barred from later attempting to file the case.

In Missouri personal injury cases, the statute of limitations for injury cases is set forth in RSMo. § 516.120 . This statute states in relevant part, 516.120. What actions within five years. – Within five years: (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated….

What Exceptions are There to Missouri’s SOL for a Personal Injury Case?

Personal Injury Claims Involving Minors in Missouri

When the injured person is a child, Missouri law creates an important exception. Under RSMo. § 516.170 , the statute of limitations is “tolled” for minors, meaning the time limit to file a claim does not begin to run until the child reaches twenty-one years of age. In practical terms, the child has until age twenty-one for the statute of limitations clock to start.

Wrongful Death Cases in Missouri

In Missouri, a wrongful death claim must generally be filed within three years of the date of death. This deadline is set by Missouri’s wrongful death statute, RSMo. § 537.100 , and it applies to most claims arising from fatal car accidents, truck crashes, unsafe property conditions, defective products, and other negligent or wrongful acts. This clock on filing a wrongful death case generally begins to run after the death of the individual.

Medical Malpractice / Medical Negligence Cases in Missouri

Medical negligence (medical malpractice) claims in Missouri are governed by RSMo. § 516.105 . In most cases, a lawsuit against a healthcare provider must be filed within two years from the date of the alleged negligent act.

Missouri generally follows an “occurrence rule” in medical negligence cases. This means the two-year period typically begins to run on the date the alleged malpractice occurred—not when the injury was discovered. There are limited exceptions, however. For example, if the healthcare provider failed to inform the patient of the act of negligence, and that failure constitutes fraud or concealment, the statute may be tolled until the patient discovers—or reasonably should have discovered—the negligence. Missouri law also provides a limited exception for cases involving a foreign object negligently left inside a patient’s body, allowing suit to be filed within two years of discovery of the object.

Medical negligence claims in Missouri are also subject to additional procedural requirements, including filing an affidavit of merit from a qualified healthcare provider within the time allowed by statute. Failing to comply with these requirements can result in dismissal of your case.

Claims Against the State or a Public Entity in Missouri

If the at-fault party is a governmental entity (such as the Missouri Highways and Transportation Commission, a city, or a county), additional rules may apply. While many claims are still subject to a five-year statute of limitations under RSMo. § 516.120, sovereign immunity laws and statutory damage caps may significantly affect the claim.

Frequently Asked Questions Regarding Missouri’s Personal Injury Statute of Limitations

Personal Injury Claims in Missouri Will Have Different Filing Time Limits Depending on the Nature of the Case. Be Prepared With Duckworth Injury Law

The statute of limitations can permanently affect your ability to recover compensation after an accident. While Missouri generally allows five years to file most personal injury claims, important exceptions apply—including shorter deadlines for wrongful death and medical negligence cases.

Insurance companies know these deadlines. If the statute expires before a lawsuit is filed, they have no obligation to pay—no matter how serious your injuries may be.

If you or a loved one has been injured in Columbia , Jefferson City , Lake of the Ozarks , or anywhere in Mid-Missouri, it is critical to understand exactly how much time you have to act. The safest course is to speak with an attorney as soon as possible to ensure your claim is properly investigated and filed within the applicable deadline.

If you have questions about your case or want clarity on how Missouri’s statute of limitations applies to your situation, contact Duckworth Injury Law today for a free consultation.

How to Choose the Best Boat Accident Attorney at the Lake of the Ozarks

Tue, 27 Jan 2026 16:38:06 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely handles serious injury and wrongful death claims at the Lake of the Ozarks. Duckworth Injury Law’s Lake Office is located at 754 Bagnell Dam Blvd., Ste. A, Lake Ozark, MO 65049 (by appointment only).

What You Should Look for When Hiring a Boat Accident Attorney at the Lake of the Ozarks

Boating is part of life at the Lake of the Ozarks. From family weekends on the water to major events like Shootout Weekend and Offshore Racing (Lake Race), thousands of boats, jet skis, and performance vessels fill the lake every season. Unfortunately, with that traffic comes risk. High speeds, congested coves, alcohol use, and rental watercraft all contribute to serious boating accidents each year.

If you or a loved one has been injured in a boat crash at the Lake of the Ozarks , one of the first questions you may ask is: Who is the best boat accident attorney for my case? The better question, however, is how to choose the right attorney for your specific situation.

While there’s no way to truly quantify who the “best” attorney is for your boat accident case, there are certainly key factors you should consider in making your decision on the boat lawyer who’s right for your particular case.

Experience Handling Missouri Boating Injury Claims Matters – Why It Matters

1. Boating Accident Law Can Be Complicated

Depending on the circumstances, a Lake of the Ozarks boating accident may involve:

Missouri negligence law
Missouri boating laws and regulations
Federal maritime law

Determining which body of law applies can impact liability standards, available defenses, and even procedural issues. An attorney experienced in boating injury claims understands how to analyze the legal framework around your claim and structure the claim accordingly.

2. Multiple Parties May Share Responsibility

Unlike many roadway collisions, boating accidents frequently involve more than two parties. Potentially responsible parties may include:

The operator of the vessel
The owner of the boat
A rental company
A marina
A commercial tour operator
A bar or restaurant in alcohol-related cases

Missouri follows a pure comparative fault system , meaning fault can be divided among multiple individuals. Identifying all responsible parties—and their available insurance coverage—is critical to maximizing recovery.

3. Insurance Coverage Is Often More Complex in Boat Accident Cases

Boat accident cases can involve overlapping policies such as:

Watercraft insurance
Homeowner’s insurance
Umbrella liability policies
Commercial or marina coverage

In some situations, the at-fault boater may have minimal or no insurance at all. An attorney familiar with Lake of the Ozarks boating claims knows how to investigate available coverage and evaluate all potential sources of recovery.

4. Evidence Is Often Technical and Time-Sensitive

Boating accidents frequently require specialized investigation, including:

Missouri State Highway Patrol Water Division reports
Vessel inspection records
GPS or electronic navigation data
Alcohol or toxicology results
Witness statements from passengers or nearby boaters

Conditions on the water change quickly, and physical evidence can disappear. Prompt and knowledgeable investigation can make a significant difference in preserving critical proof.

5. Injuries Are Often Severe

High-speed collisions, propeller strikes, and ejections from vessels can result in catastrophic injuries, including:

Traumatic brain injuries
Spinal cord injuries
Severe orthopedic trauma
Drownings and wrongful death

These cases often involve substantial medical expenses, long-term care needs, and future damages calculations. Experience handling serious injury claims is essential when evaluating the full value of a boating injury case.

A Boat Accident Lawyer Who Is Local to the Lake Area – Why It Matters

While any licensed Missouri attorney can technically handle a boat accident claim, familiarity with the Lake of the Ozarks area often provides practical advantages throughout the life of a case.

1. Understanding the Lake’s Unique Conditions

The Lake of the Ozarks is not just any recreational waterway. It is one of the busiest lakes in the country, particularly during peak summer weekends and major events. High-performance boats, rental jet skis, party coves, narrow channels, and heavy congestion create a unique environment. An attorney familiar with the lake understands:

High-traffic areas and common accident locations
Seasonal risk factors (holiday weekends, Shootout Weekend, etc.)
Typical accident patterns involving speed, congestion, or alcohol

This contextual knowledg e can help frame liability arguments and explain accident dynamics clearly to insurance adjusters or juries.

2. Familiarity With Local Courts and Procedures

Most Lake of the Ozarks injury cases will be filed in the Lake of the Ozarks County where the accident occurred. Learn more about where a Lake of Ozarks accident must be filed in our prior blog . Whether your case is filed in Camden, Miller, or Morgan, this judicial circuit has its own local rules, procedures, and scheduling practices.

A lawyer familiar with the Lake’s courts should have experience with:

Local filing practices
Court expectations
Jury pools in the region
Defense counsel who regularly handle lake-related claims

That familiarity can help streamline the litigation process and avoid unnecessary procedural delays.

3. Relationships With Local Medical Providers and Experts

Boating injury claims often require coordination with:

Emergency departments serving the lake region
Orthopedic surgeons and trauma specialists
Rehabilitation providers
Life care planners and economic experts

An attorney who routinely works in the Lake of the Ozarks area may already understand how local providers document injuries, how billing is structured, and how to efficiently gather medical records and testimony.

4. Accessibility and Personal Communication

Serious injury cases can last months—or even years. Being able to meet your lawyer in person, visit accident locations if necessary, and maintain direct communication can be important to many clients. Local representation can provide:

Easier in-person consultations
On-site investigation when needed
Greater accessibility throughout the case

Choosing the Right Boat Accident Attorney at the Lake of the Ozarks

Boating accidents at the Lake of the Ozarks are not ordinary injury cases. They often involve overlapping state and federal laws, multiple potentially responsible parties, complex insurance coverage issues, and time-sensitive evidence. Add in the lake’s heavy seasonal traffic, high-performance vessels, alcohol-related incidents, and serious injury risks, and it becomes clear that these cases require careful, informed handling.

When searching for the “best” boat accident attorney, the real focus should be on finding a lawyer with the right experience for your specific situation—someone who understands Missouri boating injury law, knows how to investigate lake-related crashes, and is prepared to pursue full compensation when insurance companies attempt to minimize a claim.

Local familiarity with the Lake of the Ozarks area can also matter. Knowledge of common accident locations, regional court systems, local medical providers, and the insurance landscape can provide practical advantages throughout the life of a case.

Ultimately, the right attorney is one who understands both the legal complexities and the real-world realities of boating accidents at the Lake of the Ozarks—and who is prepared to protect your interests every step of the way.

Trust Your Lake of the Ozarks Boat Accident Case to Proven Personal Injury Attorney EC Duckworth

If you or a loved one has been injured in a boating accident at the Lake of the Ozarks, you do not have to navigate the legal process alone. Duckworth Injury Law represents individuals and families who have suffered serious injuries on Missouri’s waterways. The firm offers:

Free, confidential consultations
Contingency fee representation (no fee unless we recover compensation)
Direct communication with your attorney
Thorough investigation of liability and insurance coverage

The sooner you speak with an attorney, the sooner important evidence can be preserved and your rights prot ected.

Call Duckworth Injury Law today or contact us online to schedule your free consultation and learn more about your legal options after a Lake of the Ozarks boating accident.

Is There a Cap on Jury Verdicts in Missouri Personal Injury Cases?

Mon, 19 Jan 2026 19:41:09 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. When the at-fault party refuses to pay full and fair compensation to his client, EC is not afraid to take the case to trial.

Understanding Caps on Jury Verdicts in Missouri

When the at-fault party’s insurance company fails to pay you what you deserve following a serious car , truck , motorcycle , or boat accident, it may be necessary to file a lawsuit and take your case to a jury trial. At a jury trial, the jury will listen to evidence regarding your damages, and then they will decide what the value of your damages is through their verdict. However, is there a cap on what a Missouri jury can award a plaintiff in a personal injury verdict?

In most Missouri personal injury cases, there is no cap on what a jury can award you as damages in their verdict .

Rather, the jury is instructed to award the plaintiff “such sum as [it] believes will fairly and justly compensate plaintiff for any damages [it] believe[s] plaintiff sustained and is reasonably certain to sustain in the future that the collision directly caused or directly contributed to cause.” See Missouri Approved Instructions 4.01 (2002 Revision) and 19.01 (1986 Revision).

Put differently, if a jury believes you have sustained damages in the amount of $10 million, Missouri law permits—and jury instructions direct—the jury to return a verdict in that amount. In determining your total damages, the jury will consider the following factors:

Past and future medical expenses
Past and future lost income
Scarring, disfigurement, or other permanent afflictions
Past and future pain, suffering, and loss of quality of life

After considering each of these damages categories, the jury will combine them into a single total damages award.

That said, there are important exceptions. While most personal injury cases do not have a damages cap, there are exceptions for certain personal injury case types which do have a damages cap. Personal injury cases that have a cap on jury verdicts include:

Medical Malpractice Cases – Caps on Non-Economic Damages

Medical malpractice (also known as medical negligence) is a type of personal injury case whereby a plaintiff alleges that a healthcare professional failed to meet the accepted “standard of care” in their care of the plaintiff, thereby causing the plaintiff physical injury or death. Examples of medical malpractice cases include botched surgeries, failure to diagnose a terminal illness, and administering incorrect medication.

Pursuant to RSMo. § 538.210 , Missouri law places a cap on the non-economic damages that a plaintiff can recover in a medical negligence case. Non-economic damages include compensation for non-monetary losses such as pain and suffering, emotional distress, and loss of quality of life. As of 2026, Missouri’s cap on non-economic damages is $481,493 for non-catastrophic injuries and $842,614 for catastrophic injuries. These caps are adjusted annually for inflation and change from year to year. Catastrophic injuries for purposes of this cap include an injury resulting in quadriplegia, paraplegia, loss of two or more limbs, a brain injury, an injury causing irreversible failure of a major organ, or severe vision loss. See RSMo. § 538.205 .

While there is a cap on non-economic damages in a Missouri medical malpractice case, there is no cap on economic damages (the objectively verifiable financial losses you have incurred, including lost income and medical bills).

Personal Injury Cases Against a Governmental Entity – Sovereign Immunity

The second major exception to the non-cap of jury verdict awards in Missouri personal injury cases is for personal injury cases against governmental entities. In Missouri, governmental entities are generally immune from civil liability for personal injury claims. This principle is known as “sovereign immunity,” which generally shields governmental entities from being sued without their consent.

In Missouri, there are two primary exceptions to sovereign immunity , whereby a plaintiff is permitted to sue a governmental entity:

Injuries arising from a government employee’s operation of a motor vehicle while in the course and scope of their employment; and
Injuries caused by the dangerous condition of a governmental entity’s property.

If either of these exceptions are met, a plaintiff can proceed with pursuing a personal injury case in Missouri. However, even though a plaintiff can file a personal injury case against the governmental entity under these scenarios, a plaintiff’s damages are still capped under Missouri law. This means that regardless of the extent of a plaintiff’s damages, the plaintiff can recover no more than the sovereign immunity damages limit set for the particular year.

As of 2026, Missouri’s sovereign immunity damages cap is $532,148 for any one person in a single accident and $3,547,658 for all claims arising out of a single accident. These caps are also adjusted annually for inflation and change from year to year.

Understand How Damage Caps May Apply to Your Missouri Personal Injury Case With Help From Attorney EC Duckworth

While Missouri law allows juries to fully compensate injury victims in many cases, important exceptions—such as medical malpractice and claims against governmental entities—can significantly limit what you can recover. Knowing whether a damages cap applies to your case can make the difference between a fair recovery and leaving substantial compensation on the table.

If you or a loved one has been seriously injured in Missouri, speak with an experienced personal injury attorney before accepting any settlement or filing a lawsuit. At Duckworth Injury Law, EC Duckworth evaluates every case to determine whether damages caps apply and aggressively pursues the maximum recovery the law allows.

Call today for a free consultation or contact us online to learn your rights and options.

What Is “Bad Faith” in a Missouri Personal Injury Case?

Tue, 13 Jan 2026 17:27:18 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has handled several bad faith failure to settle personal injury cases throughout his career, resulting in many extracontractual recoveries for his clients.

Bad Faith Insurance Claims in Missouri Personal Injury Cases: Understanding Insurers’ Duties and Failure to Settle Within Policy Limits

“Bad faith” in a Missouri personal injury case typically refers to an at-fault party’s insurance company failing to settle a claim within applicable policy limits when it had a reasonable opportunity to do so.

As liability insurance companies are involved in the vast majority of personal injury claims, Missouri law provides that insurers owe certain duties to their insureds. The most common of these duties are the duty to defend (hire and pay for a lawyer) and the duty to indemnify (pay settlements or judgments). If an insurer breaches either of these duties, the insured may have a cause of action against the insurer.

Within the duty to defend and the duty to indemnify also lies the duty of the insurer to act in good faith and fair dealing when considering settlement offers in handling a personal injury claim made against its insured. When an insurer has the opportunity to settle a liability claim made against its insured within policy limits and fails to do so—thereby exposing the insured to a potential excess judgment—the insured may have a cause of action for bad faith failure to settle.

Legal History of Bad Faith Failure to Settle in Missouri

The legal history of bad faith failure to settle was first addressed by the Missouri Supreme Court in Zumwalt v. Utilities Insurance Co. , 228 S.W.2d 750, 753 (Mo. 1950). This foundational case continues to guide Missouri courts when evaluating insurer conduct during settlement negotiations.

In Zumwalt , the plaintiff alleged his insurance company failed to settle a lawsuit against him within the liability policy limits, exposing plaintiff to an excess judgment. The Missouri Supreme Court concluded that the standard for determining whether an insurer would be held liable for the excess judgment was if the insurer was guilty of fraud or bad faith in failing to settle the claim . The Court made clear that this standard required a showing more than that the insurance company was simply negligent in failing to settle the claim.

Who Can Bring a Bad Faith Claim in Missouri?

One of the biggest misconceptions regarding Missouri bad faith claims is who the proper party is to pursue a bad faith claim. In Missouri, a bad faith claim is held by the insured negligent party (i.e., the at-fault party) against his or her own insurance company – not the plaintiff/injured party.

However, the negligent party/at-fault party may be able to assign their bad faith claim to the plaintiff/injured party in exchange for an agreement for the injured party not to collect against the at-fault party personally. Other times, it may be necessary for the at-fault party to pursue the claim against their insurer directly.

What Are the Elements of Bad Faith Failure to Settle in Missouri?

In Missouri, the elements of bad faith failure to settle are outlined in Dyer v. General American Life Insurance Co. , 541 S.W.2d 702, 704 (Mo. Ct. App. 1976). These elements are as follows:

The liability insurer assumed control over settlement of the claim brought against the insured;
The insured demanded that the insurer settle the claim brought against the insured;
The insurer refused to settle the claim within the liability limits of the policy; and
In refusing, the insurer acted in bad faith.

How Do I Know If I Have a Bad Faith Claim Against My Insurance Company in Missouri?

Bad faith claims are often very complex claims, and rarely is a bad faith claim black and white. Rather, the insurer's conduct must be evaluated under the specific facts and circumstances of the claim to determine whether such conduct rises to the level of bad faith.

On a high level, a bad faith claim typically arises when an insurer places its own financial interests ahead of its insured’s financial interests .

For example, imagine you are clearly at-fault for causing a car accident (e.g., you run a red light and T-bone another vehicle). As a result of the crash, the other driver suffers a significant spinal injury and is required to be airlifted to a hospital. Following the crash, the other driver makes a claim against you through your auto insurance company and demands payment of your liability limits of $100,000 for settlement of their claim against you. After receiving this settlement demand, your insurance company drags their feet on investigating the claim and fails to accept the other driver’s demand for settlement within a reasonable period of time. Thereafter, the other driver withdraws their demand, files a lawsuit against you, and proceeds to obtain a judgment against you in the amount of $1 million. Under these facts, you likely have a claim for bad faith against your auto insurer arising from their failure to settle the other driver’s claim against you when it had the chance, thereby exposing you to an excess judgment in the amount of $900,000.

In determining whether a viable bad faith claim exists, Missouri courts will consider the following factors:

Unreasonable delays in investigating or paying a claim;
Failing to properly investigate a claim;
Ignoring clear evidence of liability;
Failing to disclose policy limits to a claimant;
Failing to foresee and prevent an excess judgment;
Failing to advise an insured regarding likelihood of an excess judgment;
Lowball settlement offers without justification;
Misrepresenting policy language or coverage;
Failing to communicate;
Refusing to defend or indemnify an insured;
And other factors.

What Damages Can I Receive In a Missouri Bad Faith Claim?

Assuming you have a viable bad faith claim against your insurance company, you will typically be entitled to the following damages:

Can I Bring a Bad Faith Claim Against My Insurance Company on an Uninsured or Underinsured Motorist Claim?

On first-party insurance claims (when you file a claim directly with your own insurance company), such as uninsured motorist and underinsured motorist claims, Missouri law does not allow bad faith claims. Rather, Missouri law permits you to bring a cause of action for breach of contract and/or vexatious refusal to pay. This distinction is critical, because bad faith remedies available in third-party claims do not apply to first-party UM/UIM claims in Missouri.

While similar to a bad faith claim in many ways, vexatious refusal to pay is a distinct cause of action authorized by statute. See RSMo. § 375.296 and 375.420 . A vexatious refusal to pay claim arises where your own insurance company fails to pay you on a claim without reasonable cause.

If You Need to File a Bad Faith Case in Central Missouri, EC Duckworth Would Be Proud to Leverage His Legal Experience Against Your Insurance Company

Insurance companies are not on your side—and when they act unfairly, Missouri law gives you options. If you believe an insurance company has delayed, denied, or undervalued your personal injury claim, Duckworth Injury Law can help. We will review your situation, explain your rights, and determine whether bad faith may be involved.

Whether your mid-Missouri bad faith case involves a car accident , truck accident , motorcycle accident , or boating accident , Duckworth Injury Law ensures your legal rights are protected.

Contact Duckworth Injury Law today for a free consultation to discuss your personal injury claim and learn how we can hold insurance companies accountable.

Why Should I Hire a Local, Mid-Missouri Lawyer for My Injury Case?

Wed, 07 Jan 2026 16:51:59 GMT

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Why Hiring a Local Mid-Missouri Personal Injury Lawyer Matters

If you or a loved one has suffered an injury caused by an accident due to the fault of somebody else, it will almost certainly be in your best interest to consult with an experienced mid-Missouri personal injury attorney regarding your claim. Whether you have been involved in a car accident in Columbia, Mo , a trucking accident in Jefferson City, MO , or a boating accident at the Lake of the Ozarks , you should at least consult with a personal injury lawyer to understand your rights. However, searching for the best personal injury attorney to handle your case can often be a daunting and overwhelming experience. It’s no secret that there is a litany of lawyers who claim to handle personal injury claims, or who claim to be a “top rated injury attorney” who will be lining up at your door (or more likely, on your internet search results) to take on your claim. Yet, hiring the wrong personal injury lawyer can often be worse than not hiring a personal injury lawyer at all.

So, how do you know what lawyer to hire for your mid-Missouri injury case? While there are many factors to consider (experience handling injury claims, average case volume per attorney, willingness to file suit if necessary, attorney fees and costs, etc.), one of the biggest factors you should consider is whether the attorney is local to your community .

Benefit #1: In-Person Access to Your Personal Injury Attorney in Mid-MO

Hiring a local personal injury lawyer has numerous benefits for your personal injury claim, often resulting in a greater financial recovery for you. For one, hiring a local attorney allows you to meet with and consult with your attorney in person at their office or at your home. While this may not seem like a big deal in today’s age of remote work and Zoom meetings, there is still no substitute for an in-person meeting. Meeting your attorney in person allows you to judge the qualifications and character of your potential lawyer face-to-face. It also allows your lawyer to get to know more about you, your injuries, and how your accident has affected you in greater depth, which allows your attorney to advocate on your behalf more effectively.

Benefit #2: Familiarity with Mid-Missouri Courts & Judges

Second, Missouri law typically requires a lawsuit be filed in the county where the accident occurred. See RSMo. 508.010 . As such, a local lawyer who frequently practices and files lawsuits in the county where you were injured will have a big advantage handling your claim in comparison to an out-of-town lawyer. A local lawyer will be familiar with the judges of the county, including those judges’ preferences in how cases are brought before them. Similarly, a local lawyer will be knowledgeable of the local civil procedure rules specific to the county your case will be filed in (circuit courts across Missouri have unique local rules regarding how cases must be brought in their venue).

Benefit #3: Willingness to File Suit & Take Your Case to Trial

Finally, hiring a local, mid-Missouri lawyer for your injury claim increases your odds that your attorney will not hesitate to file a lawsuit on your behalf if necessary to obtain maximum compensation. Out-of-town lawyers often hesitate to file lawsuits in counties far from their home office as they know it will be costly to do so (both for them and their clients). Litigation requires the taking of depositions, discovery, and hearings, all of which can quickly add to your case expenses. The further your lawyer has to travel to conduct these items, the higher your ultimate case expenses will likely be. Insurance companies often understand this dynamic, leading to low-ball offers when they believe an attorney is reluctant to file suit.

EC Duckworth Is Proud to Be a Personal Injury Attorney Who Was Not Only Raised in Central Missouri, but Now Serves Residents Who Deserve Justice After an Injury-Causing Accident

At Duckworth Injury Law, we are a mid-Missouri law firm focused on advocating and fighting for the people of Missouri, and specifically the counties encompassing mid-Missouri. Our attorney, EC Duckworth grew up in Southern Boone County, attended the University of Missouri for undergrad and law school, and lives in Columbia, Missouri. He has handled hundreds of injury cases across mid-Missouri, from Sedalia to Fulton, and from Moberly to Lake of the Ozarks. He is familiar with the Courts across mid-Missouri, and he always makes it a priority to meet with his clients in person.

If you or a loved one has been injured due to the negligence of another person or entity, don’t risk your case by placing it in the hands of an out-of-town attorney you may never even meet. Instead, consult a local, experienced Mid-Missouri personal injury lawyer to ensure your claim is properly evaluated and that you are fully compensated for all of your damages. Contact Duckworth Injury Law today for a free consultation.

How Much is a Dog Bite Claim Worth in Missouri?

Wed, 31 Dec 2025 18:33:45 GMT

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Duckworth Injury Law Is Here to Help You Recover the Economic & Non-Economic Damages You Deserve After Suffering a Dog Bite in Missouri

With an estimated 90 million dogs living in homes across the United States , it’s no surprise that dog bite incidents lead to a large number of personal injury claims every year – including in Missouri. In fact, across the nation, it’s estimated that there are around 4.5 million dog bite incidents annually. At Duckworth Injury Law, my firm frequently handles dog bite claims across the mid-Missouri region. In doing so, the most common question I receive from dog bite victims is: “ How much is my dog bite injury claim worth? ” While the value of a Missouri dog bite claim depends on several factors (discussed below), the national average for a dog bite claim settlement in 2024 was $69,272 (according to the Insurance Information Institute).

While this figure provides a broad overview of the average dog bite claim settlement across the country, the true value of your dog bite personal injury claim depends on the following factors, which are unique to your own particular claim:

The Nature & Severity of Your Dog Bite Injuries in Mid-Missouri

Simply put, the more egregious a dog bite injury, the higher the settlement value will typically be. Bites that do not puncture the surface of the skin will be valued much less than a bite that causes a large laceration. The location of the bite can also play a role in settlement value. Bites to the face, neck, and other visible parts of the body will often have a higher settlement value than bites to parts of the body that are not as visible.

Further, bites that lead to additional complications such as nerve damage, tendon damage, or bone fractures will be valued higher than those that involve only the wound itself. If an infection develops (including rabies risk, MRSA, Pasteurella, etc.), this must be accounted for in value as well.

Economic Damages in Missouri Dog Bite Claims, Including Medical Treatment & Lost Wages

As with other personal injury claims, Missouri law permits you to recover the economic damages incurred from the incident (i.e., tangible damages in which a dollar value can be more easily ascertained). Generally, economic damages include past and future medical bills and past and future lost wages caused by the dog bite. It’s important to note that there is often a strong correlation between the total amount of your economic damages and the total amount of your settlement.

As such, after a dog bite attack, your dog bite lawyer will gather all of your medical bills and all of your lost wages (pay stubs, tax returns, etc.) to calculate your economic damages to include in settlement negotiations. If your injuries sustained in the dog attack will lead to future medical treatment or future lost wages, your dog bite lawyer may want to have an expert project the costs of such damages moving forward.

Scarring, Disfigurement & Permanent Complications May Arise From a Missouri Dog Attack

Another important factor in the value of a dog bite injury claim is whether the dog bite injury causes scarring, disfigurement, or other permanent complications. Scarring across the body (especially in highly visible areas such as the face, hands, and legs) is a compensable damage in a Missouri dog bite case. Scarring can also be associated with psychological impacts, including body insecurity, anxiety, and depression.

Pain, Suffering & Emotional Trauma After a Dog Bite

Often, the greatest impact of a dog bite attack is the pain, suffering, and emotional trauma associated with the incident. From the pain experienced during the attack itself to the discomfort and aching during the time necessary for your wounds to heal, the “non-economic” damages associated with a dog bite incident often out-value the economic damages. Other non-economic damages associated with a Missouri dog bite personal injury claim include emotional distress, anxiety, fear of dogs moving forward, post-traumatic stress disorder (if diagnosed), nightmares, sleep disruption, and other lifestyle effects from the attack.

Other Factors Influencing the Value of a Dog Bite Claim Filed in Missouri

Liability Insurance Coverage Available

Once the total value of your dog bite personal injury claim is calculated using the factors outlined above, the actual settlement value of your claim may be limited based upon the applicable liability coverage insurance available to pay your claim. In mid-Missouri dog bite claims, the at-fault party/dog owner’s liability will typically be covered under their homeowner’s insurance or renter’s insurance policy. These insurance policies often have bodily injury liability limits ranging from $100,000 to $300,000 (with some having more and some having less). Oftentimes, the liability insurance coverage limits of the at-fault party will cap the practical recovery on your dog bite injury claim. While you may have the option to go after the at-fault party personally (for compensation above their applicable liability insurance policy limits), recovering on an excess judgment claim can be difficult. As such, your dog bite lawyer should be able to outline for you the practical cap on your dog bite claim based upon the applicable insurance coverage available.

Put Your Dog Bite Claim in the Hands of an Experienced Dog Attack Attorney. EC Duckworth Is the Personal Injury Lawyer Mid-Missouri Trusts

At Duckworth Injury Law, our firm takes pride in being The Dog Bite Injury Firm for Mid-Missouri. Attorney EC Duckworth has handled dog bite claims all across Missouri, including in Columbia , Jefferson City , the Lake , and surrounding communities. If you are looking to maximize your recovery after a dog bite incident in Mid-Missouri, you need Mid-Missouri’s dog bite lawyer EC Duckworth on your team.

To learn more about Missouri’s dog bite liability law, be sure to check out our post “ What You Should Know About Missouri’s Dog Bite Liability Laws ”.

If you’d like to discuss what your Missouri dog bite claim is worth, reach out to Duckworth Injury Law today for a free, no-obligation case evaluation and consultation.

Do I Get a Rental Car After a Personal Injury Car Accident in Missouri?

Mon, 22 Dec 2025 19:03:16 GMT

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What to Expect Should You Choose to Rent a Car in Mid-Missouri if Yours Was Rendered Inoperable in an Injury-Causing Accident

Following a serious car accident, in addition to dealing with injuries sustained in the crash, it’s likely you will have to deal with obtaining repairs or replacement of your vehicle as well. But what do you do for transportation while you are waiting for your vehicle to be repaired, or while you are shopping for a new vehicle?

In Missouri, you are entitled to recover the reasonable costs of a rental vehicle while your vehicle is out of commission as a result of another person’s negligence in causing the accident and damaging your vehicle .

However, it’s important to understand there are important caveats to your right to obtain a rental vehicle, as well as certain factors to consider when obtaining your rental vehicle.

When Am I Entitled to a Rental Vehicle After a Car Accident in Mid-Missouri?

If you are involved in a car accident in Missouri, and another party is at fault for causing the crash, you are entitled to a rental vehicle for the duration of time that your vehicle is unavailable. Missouri law permits personal injury claimants to recover for both bodily injury and property damage caused to you by another driver’s negligence. The loss of use of your vehicle is a part of your property damage claim.

Typically, you will be permitted to use the rental vehicle for as long as the repair shop has possession of your damaged vehicle (i.e., from the time of the crash until your vehicle is repaired and returned to you). If your vehicle is a total loss, you will be permitted to use a rental for a ‘reasonable period of time’ while you search for a new vehicle. Often, this reasonable period of time is around two weeks. What constitutes a ‘reasonable period of time’ depends on factors such as vehicle availability, financing delays, and whether comparable replacement vehicles are readily accessible in the local market

What Limitations Are There on Getting a Rental Vehicle After an Injury-Casuing Car Accident in Mid-Missouri?

Assuming you are entitled to get a rental vehicle (another party is at fault and your vehicle is now unavailable), there are still limitations on the rental vehicle you can get, including:

Necessity of the rental
Reasonableness of the rental cost
Duration of the rental use
Comparability to your own damaged vehicle

In Missouri tort law (including car accidents), plaintiffs have a duty to mitigate their damages. The duty to mitigate damages means an injured party must take reasonable steps to minimize their own losses and expenses after an accident. When it comes to your property damage claim and obtaining a rental, this duty to mitigate prevents you from getting a rental if it is not needed, too extravagant, or kept for an unreasonable length of time. Insurance companies often scrutinize whether the rental was reasonably necessary, meaning whether the injured party actually needed alternative transportation during the repair or replacement period.

As for the type of vehicle you can get as your rental, the general rule of thumb is that you are entitled to obtain a rental vehicle that is comparable to your damaged vehicle. In other words, if you were driving a 2012 Toyota Camry at the time of the crash, it would be unreasonable for you to get a brand-new Range Rover as your rental vehicle. If you do obtain a rental vehicle that exceeds the quality of your own vehicle, you may be responsible for the difference in the increased rental price.

The other major limitation on your rental vehicle is the time duration for which you can keep the rental. As outlined above, you typically may only keep the rental for the period of time that your own vehicle is in the repair shop’s possession or for the time it takes to acquire a new vehicle.

Who Pays for the Rental Vehicle After a Personal Injury in Mid-Missouri?

Ultimately, the at-fault party’s insurance company is required to cover the costs of your rental vehicle after a car accident. However, it often takes the at-fault party’s insurance company several days to complete its own internal fault assessment and to agree to cover the costs of the rental.

As such, if you carry rental insurance coverage on your own auto insurance policy, I often encourage clients to go through their own insurance to obtain the rental vehicle. Doing so allows you to obtain the rental vehicle quicker and then allows your insurance company to seek reimbursement from the at-fault party’s carrier once liability is established.

If you do not have rental coverage on your own policy but you need a rental vehicle right away, you can pay out of pocket for the rental, and your attorney will seek reimbursement on your behalf from the at-fault party’s insurance company. It’s important to keep all receipts for your rental vehicle and to remember to only keep the rental for the time you are truly without transportation.

What Happens if There Is a Dispute as to Whether I Can Get a Rental Vehicle?

In cases where liability is disputed as to who’s at fault for causing the car accident, it’s likely there will be a corresponding argument as to whether you are entitled to a rental vehicle. In these cases, it’s important to talk with your personal injury lawyer prior to getting a rental vehicle. Your injury attorney should be able to advise you on the likelihood that you will be reimbursed for the costs of the rental down the road. If you have rental coverage under your own auto insurance policy, you can use such rental coverage.

Occasionally, your car accident lawyer will need to file a lawsuit against the at-fault driver to recover the full value of your damages, including rental fees you have incurred as a result of the crash.

Other FAQ Regarding Rentals in a Personal Injury Case in Mid-Missouri

Contact Duckworth Injury Law to Learn About the Best Way to Secure a Rental Care Following a Person-Injury Causing Accident in Mid-Missouri

My firm knows how a difficult situation can be made worse when you are suddenly without a vehicle after a serious car accident in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri. As such, Duckworth Injury Law ensures our clients understand their options when it comes to obtaining a rental vehicle or replacement vehicle after a car accident. Our firm is not afraid to stand up to the at-fault party’s insurance company when they attempt to deny a rental vehicle or try to make our clients pay for a portion of the costs of a rental vehicle.

Duckworth Injury Law takes pride in being mid-Missouri’s hometown law firm and strives to be the best personal injury firm across mid-Missouri.

If you’d like to discuss what options are available to you getting a rental car as a part of your personal injury claim, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

How Long Does It Take to Receive Payment After My Mid-Missouri Personal Injury Case is Settled?

Tue, 16 Dec 2025 19:01:03 GMT

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The Timeline of a Personal Injury Settlement Payout

We understand that personal injury claims are a long and emotionally taxing process for clients. As such, after successful resolution of your case via settlement or judgment, you’ll want to get paid as quickly as possible and attempt to get back to your normal life. But how long does it usually take to receive payment after your mid-Missouri personal injury case is settled?

Usually, clients will receive their settlement check within 30 to 45 days after their case is resolved .

However, there are many factors that can affect this general timeframe on when you will receive your settlement check.

1. Whether Your Settlement Requires Court Approval

While most personal injury cases in Missouri do not require court approval (meaning the parties can agree on a settlement amount without a judge’s approval), there are certain types of personal injury cases that do require court approval. In Missouri, personal injury settlements requiring court approval include minor settlements (i.e., personal injury settlements involving a plaintiff who is under 18 years old), wrongful death settlements, and settlements on behalf of the estate of an individual.

In situations where court approval of your settlement is required, there will typically be a delay in payment of your settlement proceeds by an additional 30-45 days. During this time, your attorney will draft and file settlement approval documents with the court and attend a hearing to seek court approval of the settlement. Often, the court will only have availability for these settlement approval hearings every few weeks, which will impact the timing of the payment of your settlement.

2. Timing of Execution of the Settlement Release Agreement

Once a personal injury or wrongful death case settlement is agreed upon between a plaintiff and defendant, the defendant’s insurance company will require the plaintiff to sign a settlement release agreement, which outlines the terms of the settlement and releases the defendant from any further liability arising from the accident. Often, the attorneys for the parties will need a few days to work out the terms of the settlement release agreement once the monetary settlement amount is agreed upon.

After the settlement release agreement is prepared, you (as the plaintiff) will be required to sign the settlement release agreement prior to payment being issued. As such, if there is a delay in the execution of the settlement release agreement, there will often be a corresponding delay in the payment of your settlement proceeds.

3. The Insurance Company’s Processing & Mailing of Your Settlement Check

Once the settlement release agreement is signed, the insurance company will begin processing your settlement check. While this processing time varies from carrier to carrier, often your settlement check will be processed and mailed within a few days of the receipt of the agreement. The settlement check will be mailed to your attorney’s office and often takes one to two weeks to arrive.

4. Depositing the Settlement Check into an IOLTA Account

Upon receipt of the settlement check from the at-fault party’s insurance company, Missouri’s Rules of Professional Conduct require that your attorney deposit the check into their firm’s interest on lawyers’ trust account (“IOLTA”). An IOLTA account is required by the Missouri Bar to hold client funds separate from the firm’s own operating account. Best practices encourage Missouri lawyers to hold the funds in the account between 7 to 10 business days prior to disbursing the funds. This delay is to ensure the settlement funds clear prior to disbursal to avoid the potential of an overdraft on the IOLTA account.

5. Structured Settlements & Annuities

For certain personal injury cases, it makes financial sense for clients to structure their settlement rather than receive a lump sum payment. In other words, with a structured settlement annuity, settlement proceeds will be paid by an annuity or life insurance company at a set amount and over a set number of years, rather than a single payment up front.

A structured settlement can provide personal injury clients with steady income over many years and can occasionally be used to protect a client’s eligibility for need-based programs. Structured settlements are also popular for minor settlements, in which the minor’s funds will be protected and paid out over many years after the minor reaches 18 years old.

If your case involves a structured settlement, final resolution of the settlement will often take a bit longer as the details and corresponding paperwork of the structured settlement must be worked out.

6. Whether Medical Liens or Medical Bills Must Be Paid from Your Settlement

Last but not least, whether or not your case involves the payment of medical liens and/or outstanding medical bills can impact the timing of your settlement payment. Final lien amounts must be confirmed with the provider, reductions of these amounts are then negotiated, and lien payoff letters must be received. Depending on the specific medical provider(s) involved, this is one of the most common causes of a delay in the payment of your settlement proceeds.

Further, if your medical bills have been paid by Medicare, Medicaid, or an ERISA qualifying health insurance plan, your attorney will be required to satisfy their respective “lien” as well. Again, this includes confirmation of the lien balance, negotiation of the lien, and payoff of the lien.

Duckworth Injury Law Is Central Missouri’s Proven & Efficient Law Firm. We Work Hard to Ensure You Receive Your Settlement Payout Quickly

At Duckworth Injury Law, we understand how frustrating it can be for our clients to wait on their settlement payment. Life doesn’t stop while you are pursuing a personal injury claim and neither do the bills. As such, Duckworth Injury Law strives to move your case as efficiently as possible, obtaining you full and fair compensation for your personal injury claim in a timely manner.

Whether your mid-Missouri personal injury case involves a car accident , truck accident , motorcycle accident , or boating accident , Duckworth Injury Law will seek maximum compensation as quickly as we can (without compromising your case value).

Duckworth Injury Law takes pride in being mid-Missouri’s hometown law firm and strives to be the best personal injury firm in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri.

If you’d like to discuss what options are available to you in your personal injury claim, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

Can I Get A “Settlement Advance” in a Missouri Personal Injury Case?

Tue, 09 Dec 2025 16:31:30 GMT

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Understanding Settlement Advances & How Obtaining One May Impact Your Personal Injury Case in Missouri

Once a personal injury lawsuit is filed in court, the case will often take between six months to two years for resolution. During this time, personal injury victims often experience a loss (or reduction) of income and mounting medical bills. Unfortunately, life doesn’t stop for injury victims while their case is pending, and financial stressors, from mortgage, rent, car, and utility expenses, can cause significant financial hardship. As such, our firm often receives requests from personal injury clients requesting a “settlement advance” to cover expenses while their case is pending.

So, are settlement advances available in Missouri personal injury cases? Typically, yes – settlement advances are available to clients while their personal injury case is pending in Missouri . However, whether or not it’s a good idea for a client to accept a settlement advance is a different story. Settlement advances are offered by third-party loan companies, carry very high interest rates, and can influence your ultimate settlement and recovery. Whether or not it makes sense for you to accept a settlement advance depends on a variety of factors unique to your specific personal injury case.

What is a Settlement Advance in a Missouri Personal Injury Case?

A settlement advance is a common term for a loan provided to a personal injury claimant while their personal injury case is pending. These loans are typically provided by third-party lenders who specialize in offering these types of litigation loans. These loans are used to provide personal injury claimants with money to cover expenses while they wait for their case to settle or proceed to trial.

While settlement advances are legal in Missouri, your attorney is not allowed to provide you a settlement advance and/or loan themselves. Missouri’s Rules of Professional Conduct ( Rule 4-1.8(e) ) states that “A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation….” Rather, the settlement advance and/or loan must come from a third-party lender.

Is It a Good Idea to Accept a Settlement Advance for My Personal Injury Case?

While every client’s financial situation is unique, we generally advise clients to avoid accepting a settlement advance if at all possible. While we understand that sometimes there is no other option to cover necessary living expenses, these settlement advances carry significant interest rates and can put pressure on you to resolve your case in a hurry.

Settlement advances usually have interest rates that compound monthly, leading to annual interest rates that can exceed 50%. During the course of a two-year personal injury claim, you could end up having to pay back your original settlement advance several times over.

In addition to the high interest rates, settlement advances put pressure on you to resolve your case faster, often resulting in a lower settlement amount. If defense counsel or the at-fault party’s insurance company learns of your settlement advance, they may try to present a low-ball offer, knowing that you will not want to incur further interest on your loan by prolonging litigation. In other words, a settlement advance encourages you to resolve your personal injury case as quickly as possible to avoid compounding interest accruing on your settlement advance.

Example:

You take a settlement loan for $2,000
The loan has a 3% interest rate that compounds monthly
You pay off your loan after your case is settled 18 months later
TOTAL AMOUNT REPAID: $3,466

What Alternatives Do I Have to Taking a Settlement Advance?

As settlement advances have significant downsides, if there are any other available options to avoid taking a settlement advance, we advise clients to pursue those options first. These can include the following options:

Setting up payment plans or hardship plans with creditors
Having your attorney set up medical liens with providers in lieu of them billing you directly
Applying for government assistance such as Medicaid, SSI, short-term disability, etc.
Home equity line of credit
Borrowing money from close family members or friends
Setting up a crowdfunding platform such as GoFundMe
Community assistance programs

What Happens if I Accept a Settlement Advance and Later Lose My Personal Injury Case?

One of the few advantages of a settlement advance is that they are typically a non-recourse loan, meaning that if you lose your personal injury case, you do not have to pay back the loan to the lender. This allows a plaintiff to accept the loan “risk free”, as a plaintiff only pays the loan back from the settlement proceeds of the case.

How Much Money Can I Get in a Personal Injury Settlement Advance?

The amount of money you will be eligible to receive in a personal injury settlement advance directly correlates with the anticipated value of your future settlement or judgment. Simply put, a lender will only loan you an amount they are comfortable believing they will be repaid from your settlement proceeds.

As a portion of your settlement will go to attorney’s fees, case expenses, and medical bills/liens, your settlement advance will usually not exceed 10 to 20% of your expected settlement (however, the final payoff amount after interest may be higher).

In cases where liability is contested and your odds of winning your case are lower, a settlement advance lender will offer a lesser amount.

The following factors are used by lenders to determine your settlement advance amount:

Strength of liability
Insurance policy limits
Anticipated case settlement
Medical treatment and medical bills
Attorney reputation

Duckworth Injury Law Provides Guidance Throughout Your Personal Injury Case. Call Today to Build Your Case & Learn About Your Financial Options Before Settlement or Trial

Whether your personal injury case involves a car accident , truck accident , motorcycle accident , or boating accident , Duckworth Injury Law will provide you with a clear explanation of your case value, including your options for a settlement advance if necessary.

Duckworth Injury Law takes pride as being mid-Missouri’s hometown law firm and strives to be the best personal injury firm in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri.

If you’d like to discuss what options are available to you in your personal injury claim, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

What Happens if a Claimant Dies Before a Personal Injury Claim is Resolved in Missouri?

Tue, 02 Dec 2025 16:25:25 GMT

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How to Navigate the Process of Filing a Personal Injury Claim if the Claimant Passes Away Before a Settlement or Judgment Is Reached?

Personal injury claims can take a long time to resolve, with most claims taking between six months and two years for resolution. As such, what happens if the claimant passes away after the personal injury-causing accident but prior to a settlement or judgment being reached on their case?

In Missouri, if a personal injury claimant dies from a cause unrelated to the personal injury accident, an estate must be formed within one year of the claimant’s death, and the estate can then pursue the personal injury claim moving forward.

However, if the personal injury claimant dies from a cause related to the personal injury accident, then a wrongful death claim must be pursued by the family of the claimant within three years of the claimant’s death.

Below, we break down these scenarios in greater detail with hypothetical examples:

Claimant Dies From A Cause Unrelated to the Personal Injury Claim

Missouri law states that “causes of action for personal injuries, other than those resulting in

death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death ….” RSMo. § 537.020 . In other words, just because the claimant dies after a personal injury-causing accident, that does not mean his/her personal injury claim is extinguished. Rather, the personal injury claim survives to the personal representative of the injured party. It’s important to note, however, that if the personal injury claim results in the death of the claimant, then the personal injury claim merges into a wrongful death claim (see below).

In Missouri, a formal probate estate for a decedent must be opened to proceed with the personal injury claim. RSMo. § 473.020 . In most cases, a probate estate must be opened within one year of death under RSMo. § 473.020 in order to substitute a personal representative and continue the claim.

Example: George is involved in an injury-causing car accident on Nifong Blvd. in Columbia, MO, caused by the negligence of Defendant Truman. George hires Duckworth Injury Law to pursue his personal injury claim against Defendant Truman. While George is undergoing physical therapy treatment for his injured cervical spine, George passes away from cancer. As George’s death is clearly unrelated to the car accident he was involved in, an estate must be opened for George, whereafter George’s estate can pursue George’s personal injury claim moving forward.

Claimant Dies From a Cause Related to the Personal Injury Claim

In situations where a personal injury claim results in the death of the claimant, Missouri law provides that the personal injury claim merges into the subsequent wrongful death claim. Missouri law states that wrongful death damages include “such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.” RSMo. § 537.090 .

In other words, those family members who are entitled to pursue a wrongful death claim under Missouri law are also permitted to claim the decedent’s personal injury damages as a part of such wrongful death claim. Once death results from injury, the original personal injury survival claim no longer exists and an independent cause of action (as it does above). This is an important distinction, as the estate would not be able to pursue the personal injury claim when the claimant dies from the personal injury causing accident – only those permitted to bring the wrongful death claim. Missouri law establishes a tiered class system that determines which family members are permitted to bring a wrongful death claim. See RSMo. § 537.080 . Refer to our blog “ Who Can Bring a Claim for a Family Member’s Wrongful Death in Missouri ?” to learn more.

Example: Tom is involved in a serious injury causing boating collision at the Lake of the Ozarks, caused by the negligence of Defendant Karen. Tom hires Duckworth Injury Law to pursue his personal injury claim against Defendant Karen. Due to the boat crash, Tom suffers internal organ damage and is admitted to the University of Missouri Hospital. After several months of fighting to recover, Tom succumbs to his injuries and dies. As Tom’s death is clearly related to the boat accident he was involved in, Tom’s family must pursue a wrongful death claim which will include Tom’s personal injury claim moving forward.

Contact Duckworth Injury Law to Determine How Your Loved One’s Personal Injury Case Should Be Handled in Missouri

Personal injury and wrongful death claims are complicated, and they can become even more complex when a loved one dies in the weeks, months, or years after they are involved in an injury-causing accident. Determining whether or not your loved one’s death was caused or contributed to be caused from the personal injury accident dictates how their personal injury claim must be handled moving forward. Failing to follow the proper procedure can result in your loved one’s personal injury claim being delayed or barred altogether.

At Duckworth Injury Law, attorney EC Duckworth is experienced in handling complex personal injury claims, including claims whereby the claimant passes away after commencement of the injury claim and/or lawsuit. EC will diligently pursue accountability on your loved one’s personal injury claim, whether by working to have an estate established on their behalf, or under Missouri’s wrongful death laws.

Reach out to Duckworth Injury Law today for a free consultation to learn how our firm can assist with your Missouri personal injury case.

Will My Personal Injury Case Have to Go to Trial?

Mon, 24 Nov 2025 16:55:27 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. Recently, EC obtained a $973,000 verdict in a wrongful death case that went to a jury trial in Johnson County, Missouri.

Only You Can Determine Whether You Should Take a Personal Injury Case to Trial. PI Lawyer EC Duckworth Can Guide You

Oftentimes, while injury victims want full and fair compensation for their damages sustained in a crash, they want to avoid filing suit and/or having to go to trial if possible. As such, at Duckworth Injury Law, clients often ask whether or not their personal injury claim will have to go to trial.

The short answer is that ultimately, you decide whether your case goes to trial.

However, our firm (and any other good personal injury law firm) will provide you with a detailed analysis regarding the pros and cons of proceeding to trial well in advance of you having to make that decision. Often, the decision to proceed to trial involves the at-fault party’s insurance company refusing to pay the compensation you deserve following your accident. Other times, it involves the at-fault party’s insurance company denying liability altogether and refusing to take any accountability for causing the accident. Regardless of the specific reason that proceeding to trial is being considered, you will get to make the ultimate call on dismissing the case, settling the case, or taking the case to trial.

How does a personal injury lawyer determine whether it is a good idea to take your case to trial in mid-Missouri?

In making your decision on whether or not to proceed to trial or to settle your case, your personal injury lawyer will likely discuss the following factors for you to consider:

1. Your Likelihood of Winning at Trial

Perhaps the most important factor in making your decision on whether to proceed to trial or not is your likelihood of winning at trial. As Missouri is a pure comparative fault state , the jury will get to assess fault between you and the defendant(s) out of a total percentage of 100% (or 0%). If the jury believes you are 50% at fault for causing the crash and that the defendant is 50% at fault for causing the crash, then your total damages will be reduced by 50%. Alternatively, if the jury believes nobody was at fault for causing the crash (e.g., they believe the crash was unavoidable for both parties), the jury can award both parties 0% fault, whereby you would not recover any compensation.

As such, when deciding whether or not to proceed to trial, your injury lawyer should be able to provide you with his or her analysis regarding how fault will likely be distributed among the parties. While it’s impossible to predict exactly what the jury will do, an experienced personal injury lawyer should be able to provide you with a realistic range of outcomes.

Alternatively, focus groups can be used prior to trial to further assess your odds of winning at trial. A personal injury focus group involves paying a group of individuals who are not affiliated with the case to review the facts and damages associated with your case and to provide their feedback on liability (odds of winning) and damages (what the case is worth), among other issues. Often, a focus group can help more accurately predict your odds of winning at trial; however, they are often costly and add to your case expenses.

2. The Potential Range of the Jury Verdict

Second in importance only to winning the trial is the potential verdict you can obtain from the jury at the conclusion of the trial. This is because there is little reason for taking your case to trial if it’s likely you will obtain a verdict less than the existing settlement offer.

Again, while nobody can know for certain what a jury will award in their verdict, your attorney should provide a range of likely outcomes for the verdict. This will often include a verdict “floor”, “ceiling”, and “average”. Similar to assessing your likelihood of winning your case at trial, a focus group can be used to more accurately predict a verdict range.

Additional factors that play into your jury verdict include your past medical bills, future medical bills, past lost income, future lost income, past pain and suffering, and future pain and suffering, among others. Additionally, the conduct of the at-fault party can often affect the size of a jury verdict. The more egregious the defendant’s conduct, the more likely it is that the jury will want to punish the defendant with a higher verdict. While this often comes in the form of punitive damages, it’s common to see higher compensatory damages as well (or when punitive damages are not permitted by the judge).

3. The Venue Where Your Trial Will Take Place

While not really a distinct factor itself, but more of a cause of the above two factors, the venue where your trial takes place can have a strong effect on your odds of winning your trial and on your ultimate jury verdict.

In Missouri, a negligence claim typically must be filed in the county court where the injury-causing accident first occurred (see our blog discussing where a LOZ injury case should be filed ). As such, the venue (i.e., court) where your case is pending must be factored into your decision on whether to proceed to trial. Venue can dramatically affect both jury attitudes and typical verdict value in Missouri. Across Missouri state courts, jury verdicts are meaningfully higher on average in more heavily populated/urban counties than they are in less populated/rural counties. While there are many theories for why that is, there is enough data to show that there is a statistical correlation present. Practically speaking, this means your odds as a plaintiff for winning your case are higher in counties such as Jackson County, St. Louis City, St. Louis County, and Boone County, than they are in Shannon or Shelby County.

Furthermore, if your personal injury case is in federal court (as opposed to a Missouri state court), your odds at trial are more difficult as well. In a federal jury trial, you must have a unanimous jury (meaning all jurors must agree on the outcome). This is in contrast to Missouri state civil court, whereby you only need three-fourths of the jury to agree on the outcome.

4. The Costs of Trial

When weighing the pros and cons of proceeding to trial, the costs of going to trial must also be considered. Depending on the complexity of your case, trial costs can range anywhere from a few thousand dollars to tens of thousands of dollars.

These costs typically include expert witness fees (hourly fees, travel, accommodations.), video technician services (deposition video edits, trial tech services), subpoena service and appearance fees for witnesses, and more. You should subtract these projected costs from your projected recovery at trial in deciding whether to go to trial or settle the case.

5. Your Own Risk Tolerance

Simply put, trial is a bit of a crapshoot. Even the most experienced trial lawyers will tell you they have had a jury (or two, or three) surprise them with their verdict. Although your personal injury lawyer will/should do everything in his power to provide you with the most accurate projections based upon all the available information, at the end of the day, it’s a group of twelve strangers that will be deciding your case.

As such, proceeding to trial inherently involves accepting a level of risk and uncertainty. If you are the type who wants to avoid risk at all costs, trial is likely not the best choice for you.

6. Your Aptitude for Going to Trial and Fighting an Appeal

Taking your personal injury case all the way to a jury trial is a long process. It’s not unusual for a personal injury case to take 1.5 to 2.5 years to finally reach a jury trial. Once you make it to the trial, personal injury jury trials can take anywhere from a couple of days to several weeks to try.

Both the litigation process pre-trial and the trial itself can be a long and stressful process. And even if you are successful at trial, there’s always the chance the defendant will appeal the case, delaying your recovery/compensation even further.

As such, in deciding whether to settle a case early on or to push towards trial, you should reflect on your own aptitude and patience. While taking a case to trial (or to the eve of trial), often results in a higher settlement, it doesn’t come without stress and time.

Put Your Trust in an Experienced Personal Injury Lawyer Who Is Not Afraid to Take Your Case to Trial if Need Be. Call Duckworth Injury Law to Consult With a Skilled Trial Attorney

Following a serious personal injury accident in Missouri, filing a personal injury claim is usually necessary. However, the decision on whether to proceed with going to trial or to settle beforehand is a key decision that will affect your ultimate compensation recovered and your timeline for receiving such compensation.

At Duckworth Injury Law, we understand that this is a difficult decision which should not be taken lightly. As such, if a trial looks like it may be necessary in your case, attorney EC Duckworth will sit down with you to discuss each of the key factors involved in making your decision. While EC enjoys taking cases to trial, and has the skill and experience to do so effectively, he understands this is ultimately your decision.

If you have been involved in a serious injury or wrongful death-causing accident, you need a firm who is not afraid to take your case to trial. You need Duckworth Injury Law on your team.

Reach out to Duckworth Injury Law today for a free consultation to learn how our firm can assist with your Missouri personal injury case.

Why Do I Need a Personal Injury Lawyer After an Accident in Missouri?

Tue, 18 Nov 2025 16:10:34 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC meets with every new client, whether in person or remotely (via Zoom or a call), to discuss the pros and cons of having legal representation on their injury claim.

Pairing Up With a Personal Injury Attorney Can Tip the Scales When You're Seeking Compensation in the State of Missouri

Following a serious injury or wrongful death causing accident in Missouri, you might be wondering whether you actually need to hire a personal injury lawyer or whether you can handle the claim on your own. So, do you need to hire a Missouri personal injury lawyer ? And is it worth hiring a PI lawyer ?

While you do not have to hire a personal injury lawyer, there are many reasons having representation by a qualified personal injury lawyer for your accident claim is important. The primary reason is that a good personal injury lawyer will protect your legal rights and will maximize your financial recovery .

Whether you are involved in a car accident at the intersection of Nifong and Providence in Columbia, MO, in a motorcycle crash on HWY 24 in Moberly, MO, or in a boating accident on the main channel of the Lake of the Ozarks, it is almost always in your financial interest to retain an experienced personal injury lawyer, like Duckworth Injury Law.

Your Net Recovery Will Typically Be Much Higher With an Injury Lawyer

In a civil claim, such as a personal injury claim, often the only recourse you can obtain against the at-fault party is requiring the at-fault party (or their insurance company) to pay you for the damages you have sustained from the accident. As such, the most important factor in deciding whether or not to retain a personal injury lawyer should be whether hiring a lawyer will increase your financial recovery.

At least one study performed by the Insurance Research Council found that individuals who hired an attorney for their claim received on average 3.5 times gross recovery on their claims than those individuals who handled the claim on their own. Even when accounting for attorney’s fees of 1/3 to 40 percent, this data suggests that individuals’ net recovery is still over twice what it would be if self-represented.

In addition to increasing your gross settlement, the best PI lawyers will also increase your net recovery by reducing the amount you must pay for your outstanding medical bills and/or liens. Your lawyer should be able to negotiate down these medical bills upon settlement of your claim, increasing the money going into your pocket.

An Experienced Missouri Personal Injury Lawyer Will Know the True Value of Your Case

Having handled hundreds of personal injury claims over my career, I often run across accident victims who come to me with an offer already presented from the at-fault party’s insurance company. Oftentimes, the insurance company will make a nominal settlement offer of a few thousand dollars while promising to “set-aside” a much larger amount for future medical treatment. These accident victims will ask whether this is a fair offer, having no idea just how insulting the insurance company’s offer really is.

The reason insurance companies make such lowball offers to unrepresented accident victims is due in large part to the public not understanding what a personal injury claim is truly worth. Unlike the purchase of a new home or car, most individuals will thankfully never have to experience a personal-injury causing accident. Further, unlike the purchase of a new home or car, there is little public data showing the fair market value for a personal injury claim. As such, the average person has no real way to measure the value of their claim or to know what they should be demanding from the insurance company.

At Duckworth Injury Law, we know what your case should be valued. While there are numerous factors that go into your case valuation, the primary factors include:

Your past and future medical bills;
Your past and future lost wages;
Your past and future pain, suffering, inconvenience, and loss of quality of life;
The recoverable insurance limits and/or assets of the at-fault party;
The recoverable insurance limits from your own insurance policy (uninsured motorist coverage, underinsured motorist coverage, medical payments coverage);
The conduct of the at-fault party in causing the accident (may warrant punitive damages); and
The venue of your case (i.e., where your case must be filed).

Oftentimes, attempting to calculate these categories requires the assistance of medical experts (doctors and life care planners who can project future costs) and knowledgeable lawyers who can review insurance policies and determine coverage and liability.

You Often Have No Leverage Negotiating on Your Own Behalf

Assuming you were able to accurately project the true value of your personal injury case, as an unrepresented party, you still have little to no leverage to get the at-fault party’s insurance company to actually pay you that true value. For example, if you know your total damages for your personal injury case are $100,000 – but the insurance company is only offering you $20,000 – there is not much you can do on your own to force the insurance company to pay you $100,000.

A good personal injury attorney, however (especially a personal injury attorney with litigation and trial experience), has substantial leverage against the at-fault party’s insurance company. If the insurance company refuses to pay a fair amount, the attorney can proceed with filing a lawsuit, taking the case to trial, and obtaining a judgment against the at-fault party. In doing so, the lawyer may be able to collect the judgment against the at-fault party, their insurance company, or both. If the insurance company refuses an opportunity to settle your claim against its insured within the policy limits prior to trial, your attorney may also be able to pursue a “bad faith” claim against the insurance company.

Personal Injury Claims Are Complicated and Easy to Mess Up

Personal injury law is complex to say the least. With a confluence of different areas of law including contract law, insurance law, injury law, civil procedure, and the rules of evidence, a non-attorney claimant can easily step on a land mine when it comes to handling their personal injury case. Some of the most common pitfalls our firm sees when it comes to unrepresented parties handling their personal injury claim on their own include:

Unintentional settlement of all or part of their claim(s);
Missing key deadlines, including the statute of limitations for pursuing their claim;
Failing to file their personal injury case in the appropriate court;
Failing to adhere to proper pleading requirements when filing their case, resulting in the dismissal of their claim;
Not having their medical bills processed properly;
Failing to follow the contractual steps required under their own insurance policy in pursuing UM and/or UIM claims, resulting in a denial of the claim; and
Many more.

In addition to the above, many other types of claims including minor settlements, wrongful death settlements, and conservator settlements require court approval. Attempting to settle these claims without getting proper approval can result in the settlement being voided and the requirement that settlement funds be returned.

Hiring the Right Lawyer Allows You to Focus on What Matters Most – Your Recovery

While most of the reasons for hiring a personal injury lawyer for your accident claim presented so far have been focused on the financial impact, equally as important is the peace of mind having a lawyer fighting for you and on your team presents.

If you are experiencing serious injuries after an accident, the last thing you need to be worrying about is a personal injury claim and recovering compensation for your damages. Instead, your focus should be on your recovery, including both your physical and mental well-being. Our goal at Duckworth Injury Law is to take the legal stress off your shoulders following your accident, allowing you to focus entirely on your recovery.

Get in Touch With Duckworth Injury Law, a Firm That Will Understand the True Value of Your PI Claim in Missouri

After a serious a personal-injury-causing accident – such as a car, truck, motorcycle, or boat accident anywhere in Missouri – the choice to hire a lawyer is one of the most important decisions you will ever make. Not hiring a lawyer, or hiring the wrong lawyer, can have a devastating effect on your financial future.

At Duckworth Injury Law, all our firm handles is injury and wrongful death law. We fight for maximum compensation for your claim, we know what the true value of your claim is, we will not back down until we obtain that true value, and we will do so compassionately and with you and your family’s well-being in mind.

While our firm is located in Columbia, MO, we routinely handle cases across all of the mid-Missouri communities and elsewhere in Missouri. Simply put, we are Missouri’s Injury Firm and the go-to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , and dog bite lawyer in Missouri.

Reach out to Duckworth Injury Law today for a free consultation to learn how our firm can assist with your Missouri personal injury case.

Is it Okay to Talk to the Insurance Company After a Car Accident in Missouri?

Tue, 11 Nov 2025 22:02:12 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has handled personal injury cases all over Missouri, from Hannibal to the Bootheel, from Joplin to St. Joseph, and from Kansas City to St. Louis. Follow EC Duckworth on LinkedIn .

Before You Speak to Any Insurance Company, Consult With a Car Accident Laywer in Missouri First

After a car accident, the insurance companies for both you and the other driver will likely reach out to you quickly. But is it okay for you to talk to the insurance company on your own after a car accident in Missouri?

Generally, we advise our clients not to speak with any insurance company until after consulting with an attorney . Your conversations with the insurance company are typically recorded, and any statements you make regarding how the crash occurred, your injuries, or your willingness to settle your claim will be used against you down the road.

The At-Fault Party’s Insurance Company’s Priority is to Protect Itself – Not You

Insurance companies are for-profit entities. In order to make a profit, auto insurance companies must bring in more premium payments from their insureds than the claim payments they pay out. As such, when a claim is brought by you against an insurance company’s insured, the insurance company’s first priority is limiting its own exposure on the claim (i.e., gathering evidence to defend the claim in order to pay as little as possible). While insurance companies often frame this as protecting their insureds (insurance companies have a duty to defend and indemnify their insureds from liability), in reality, these insurance companies simply want to maximize their own profits.

While injury victims often understand this concept when it comes to the at-fault party’s insurance company, the same is true when it comes to your own auto insurance company as well. Your own auto insurer will want to limit its own exposure on first-party insurance coverage such as Collision Coverage, Medical Payments Coverage, Uninsured Motorist Coverage, and/or Underinsured Motorist Coverage.

Missouri Law Permits Evidence Regarding Statements Against Interest

While generally out of court statements are excluded from evidence at trial as inadmissible hearsay, statements made by a party are often admissible as an admission of a party opponent and/or as a statement made against interest. In other words, the well-known criminal Miranda warning (“anything you say can and will be used against you in the court of law”) is applicable to the civil personal injury world as well.

As such, following an injury causing car accident, the at-fault driver’s insurance company will reach out to you as soon as possible to lock down your story. They will often ask leading questions, getting you to make admissions as to fault and/or damages. These conversations are recorded and can typically be used to impeach your testimony in a deposition or at trial in the future.

Insurance Companies May Set Reserves Based Upon Your Statements

In addition to getting you to say things you shouldn’t say after a car accident, insurance companies also use your recorded statements to set “reserves” on your personal injury claim. A reserve is a set dollar amount that the insurance company sets aside to cover its future obligations to claimants after an injury causing accident. These reserves are typically set at an amount that the insurance company believes will be sufficient to settle your case.

In setting a reserve, the adjuster for the other party’s auto insurance company will estimate the amount needed to pay for your damages, including your medical bills, lost income, pain and suffering, etc. This reserve then correlates with the adjuster’s settlement authority on the claim. While reserves can be adjusted as additional information and evidence develops in your claim, the adjuster will typically need to present justification to his/her supervisor to do so. As such, it’s in your best interest for the insurance company to not set a low reserve to begin with. Instead, your injury lawyer can present evidence supporting your damages to the adjuster when appropriate, helping ensure the insurer does not set an inadequately low reserve.

Insurance Companies May Trick You into Settling Your Claim Prematurely

Prior to hiring an attorney for your personal injury claim, the at-fault insurance company will likely try to get you to settle your injury claim. The insurance company will present an offer quickly, as they understand you are in a vulnerable position (likely needing money to cover out of pocket expenses like medical bills, rental invoices, and lost wages) and they understand they will have to pay significantly more if a good injury lawyer gets involved.

When presenting you with a settlement offer prior to you having legal representation, the insurance company will often make an empty offer, in which they will agree to make a small payment to you, with a much larger amount being “set aside” for your future medical expenses. While this may sound good in theory, the only amount you will actually receive is the small payment for your pain and suffering. The amount “set aside” is often never paid – or if it is paid, it’s paid directly to medical providers or health insurance lien holders.

Far too often, we see accident victims who have agreed to such settlements prior to consulting with legal counsel, only to be left with significant uncompensated damages and no recourse for pursuing additional money against the defendant or his insurance company.

Your Attorney Can Advise as to When You May Speak with an Insurance Company

From time to time, it is necessary to speak with an insurance company after a Missouri personal injury causing car, truck, or motorcycle accident. However, these conversations should only occur after you have met with an experienced Missouri personal injury lawyer. Your PI attorney will tell you under what circumstances it’s okay to speak with an insurance company and what you can/cannot discuss with the insurance company on your call.

For example, after your car accident lawyer has sent a Letter of Representation to the defendant’s insurance company, your lawyer may permit you to speak with the defendant’s insurance company for the limited purpose of resolving your property damage claim. In this situation, the property adjuster for the insurance company may speak with you to arrange repair/payment for your damaged vehicle but may not speak with you about your injuries or the facts of how the accident occurred.

Further, in many first-party insurance claims (claims made against your own auto insurance policy), your policy likely requires you to “cooperate” with your insurance company and to provide a recorded statement upon their request. These claims often involve Collision Coverage, Medical Payments Coverage, Uninsured Motorist Coverage, and Underinsured Motorist Coverage made under your own auto insurance policy. If your own auto insurance company requests a recorded statement, your personal injury lawyer will likely prepare you for the call and will be on the call with you and the insurance adjuster. Failure to provide a recorded statement on a first-party claim with your own insurance company can potentially lead to a denial of your claim.

Find a Skilled Personal Injury Attorney Like Duckworth Injury Law Before You Speak to an Insurance Company Following a Car Accident in Missouri

If you or a loved one has been injured in a car, truck, motorcycle, or boat accident anywhere in Missouri, odds are the insurance company will be reaching out to you ASAP. Providing a statement to the defendant’s insurance company can seriously harm your case, resulting in a significantly lower settlement or judgment on your behalf.

Located in the heart of Missouri in Columbia, MO, Duckworth Injury Law is proud to serve as The Missouri Personal Injury firm and as Missouri’s go-to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , or dog bite lawyer .

If you’ve been contacted by the at-fault party’s insurance company, you need to speak with an experienced injury lawyer prior to providing any statement. Reach out to Duckworth Injury Law today for a free consultation on your Missouri personal injury case.

Top 5 Common Types of Personal Injury Accidents Around Mizzou’s Campus in Columbia, MO

Tue, 04 Nov 2025 21:08:04 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC routinely handled personal injury cases occurring around Mizzou’s campus in Columbia, MO. Follow EC Duckworth on LinkedIn .

Stay Safe on the MU Campus With These Tips & Contact Our Columbia PI Attorney if You Are Injured

The University of Missouri , or Mizzou as it is affectionately referred to, is the flagship university for the State of Missouri. Located in the heart of Columbia, Missouri and near Columbia’s downtown, Mizzou’s campus is a bustling area filled with thousands of students, staff, and visitors. From electric scooters traveling down Rollins St. to the evening rush hour on College Avenue, the potential for injury-causing accidents is everywhere. Add Mizzou’s student population of over 32,000 alone, and it’s clear that personal injury-causing accidents are an inevitable reality around campus.

As such, it’s important to understand the most common types of personal injury accidents around Mizzou – and what students and families should know to stay safe. Let’s look at the most common types of personal injury accidents around Mizzou’s campus in Columbia, MO:

#5: Parking Lot and Campus Shuttle Accidents

To accommodate its large student and staff population, Mizzou’s campus hosts an array of parking lots and parking structures. From parking garages such as Virginia Avenue Garage and Turner Avenue Garage, to parking lots like Reactor Lot, there are constantly vehicles and buses moving throughout these parking areas.

These parking garages and lots can often be a common area for low-speed crashes involving other vehicles or pedestrians. With tight spaces, poor visibility, and students rushing to find a spot to make it to class on time – there’s routine fender benders and pedestrian impacts. Campus shuttles also make routine stops at the more remote student parking lots, which also plays a role in these accidents. Sudden stops, improper loading, and driver negligence can cause passenger injuries or pedestrian collisions.

Safety Tip: Stay alert when walking through lots or waiting for shuttles. Even low-speed impacts can cause serious injuries like whiplash or concussions.

Legal Insight: If a campus vehicle or parking lot hazard contributed to your injury, liability may rest with the driver, the university, or a third-party maintenance company.

#4: Bicycle Accidents

Cycling is often favorite way for students and Columbia residents to commute and unwind. But bike riders face constant risk from inattentive drivers and unsafe roads.

For example, we often see “dooring” incidents downtown, where a driver opens their car door into a cyclist’s path, or collisions caused by cars failing to yield when turning. Even on popular trails such as the MKT and Katy Trail, poor signage and mixed traffic can lead to serious injury-causing accidents.

Safety Tip: Equip your bike with proper lights and reflective gear — and never assume a driver sees you.

Legal Insight: Missouri law typically gives cyclists the same rights (and responsibilities) as motorists. If a driver hits you, they may be liable for medical bills, lost wages, and pain and suffering.

#3: Scooter and E-Bike Crashes

Electric scooters and bikes have become a popular way for Mizzou students to get around quickly. Services like Bird and Lime make short commutes easy, but they also bring unique risks.

Scooter riders are often injured when hitting a defective condition on the sidewalk or roadway (uneven pavement, potholes, riding on sidewalks), when trying to carry a passenger on the scooter, or when drivers fail to see them and/or yield to them. Often with top speeds of 12-15 MPH, these electric scooters can lead to some serious falls.

Common Injuries: Fractures, concussions, and road rash.

Legal Insight: If a driver’s negligence caused your scooter or e-bike crash, you may have a claim against them through their auto insurance. Even if no other vehicle was involved, the scooter company or property owner could be liable for defective equipment and/or unsafe conditions.

#2: Pedestrian Accidents on Campus and at Busy Crosswalks

College Avenue, Rollins Street, Broadway, and Ninth Street near downtown are some of Columbia’s busiest pedestrian areas. Between students hurrying to class, visitors searching for parking, and distracted drivers checking their phones, crosswalk accidents are an all-too-common occurrence in CoMo.

While Mizzou’s campus is typically closed to through traffic during the daytime on schooldays, students often ignore barricades and attempt to drive through campus roadways anyway. Further, even while the campus is closed to public vehicles, Mizzou’s own maintenance vehicles are often still commuting through campus during these hours.

Many of these crashes happen when drivers fail to yield to pedestrians or when students cross outside designated areas. Poor lighting or rainy weather can make visibility even worse at night.

Safety Tip: Always use marked crosswalks and be alert, even when you have the right of way.

Legal Insight: Under Missouri law, drivers must exercise the highest degree of care to avoid hitting pedestrians. If you’re struck in a crosswalk, the driver may be liable for your injuries and medical expenses.

#1: Car Accidents Near Campus Hotspots

Car accidents are the most frequent type of injury we see around Mizzou. High-traffic corridors like Stadium Boulevard, Providence Road, and College Avenue are especially prone to rear-end collisions, left-turn crashes, and drunk or distracted driving accidents.

These wrecks are heightened during heavy traffic causing events like Mizzou game days, campus events, or late-night weekends downtown when traffic and pedestrian activity spike.

Safety Tip: Avoid distracted driving and stay alert near intersections where students often cross mid-block.

Legal Insight: Missouri follows a “pure comparative fault” rule — meaning even if you’re partly at fault, you can still recover damages proportionate to the other driver’s responsibility.

Work Towards Compensation for an Injury Near Campus in Columbia, MO. Contact Duckworth Injury Law to Review Your Case

We’re more than just a law firm — we’re your neighbors. Our mission is to make Columbia’s roads, sidewalks, and trails safer for everyone.

If you or a loved one has been injured in an accident near the University of Missouri campus, contact Duckworth Injury Law today for a free consultation. We’ll fight to get you the compensation you deserve — so you can focus on healing and getting back to campus life.

How Are My Future Medical Bills Accounted for in a Missouri Personal Injury Case?

Tue, 28 Oct 2025 15:10:59 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC ensures that the full extent of his clients’ damages are accounted for in their respective personal injury cases, including all future medical damages and bills. Follow EC Duckworth on LinkedIn .

Learn How Future Medical Costs Are Determined in Missouri Personal Injury Cases With Guidance From Duckworth Injury Law

In a Missouri personal injury case, your future medical bills are a large component of your overall claim for damages. But how can you determine what those future medical bills will be before they accrue? In short, future medical bills are projected by a qualified medical expert hired by your attorney for your case.

While in many cases, your injury lawyer will not recommend resolving or settling your personal injury case prior to your discharge from treatment, personal injury cases involving long-term medical treatment needs are different. If you’ve been involved in a serious car, truck, motorcycle, or boating accident resulting in catastrophic injuries, you’ll likely require continued medical treatment (appointments with specialists, physical therapy, occupational therapy, imaging, pain management, etc.) for many years to come. In these cases, it’s typically in your best interest for your lawyer to project the costs of your future treatment rather than waiting years and years for you to complete treatment (which in some cases, could continue for the lifetime of the injury victim). Projecting the costs of your future treatment allows you to resolve your case much sooner, allowing you the compensation you need to continue your recovery and get back to a semblance of normalcy in your life.

Who projects future medical costs in a Missouri personal injury case?

Future medical costs are typically projected by a medical professional who is experienced in projecting such costs in personal injury cases. More often than not, these medical professionals are certified lifecare planners (“CLCP”) and/or certified lifecare medical cost projection specialists (“CMCPS”). To become certified as a CLCP and/or CMCPS an individual must have a healthcare background, complete a rigorous training program, and pass an examination demonstrating their knowledge of medical systems, disabilities, and treatment protocols.

The Lifecare Planner will be hired by your injury attorney for the specific purpose of projecting your future medical costs. In a Missouri personal injury case, they are referred to as a “retained expert witness”, meaning they are not a treating provider for your injuries, but rather they were retained for purposes of litigation.

What sort of medical treatment is included in my future medical bills?

Once a Lifecare Planner is hired in your personal injury case, they will review all your medical records and bills to date, meet with you (and possibly conduct a physical examination), and consult with other medical experts specific to your injuries. For example, if you have sustained a traumatic brain injury from your accident, your attorney may also retain a neurologist and/or neuropsychologist who will work alongside your Lifecare Planner in determining future treatment. Or, if you sustained a complex fracture of your fibula, your Lifecare Planner will likely work alongside an orthopedic specialist to determine what continued care you will require. Most of the time, the Lifecare Planner will determine the costs and ancillary charges associated with future medical care, and other medical professionals in the necessary fields associated with your injuries will determine the big picture future treatment.

A Lifecare Planner will ultimately put together what’s called a Lifecare Plan or Future Medical Cost Projection, which outlines what future medical treatment you will require as a result of your accident, along with the costs of such treatment. A Lifecare Plan will span either the duration of your life or the duration that you will require future treatment. Common future medical treatment includes future surgical procedures, specialist doctor visits, imaging (MRIs, CTs, X-rays), pain management (injections, nerve ablation, pain medication), physical therapy, occupational therapy, and home modifications (railings, ramps, home/yard maintenance), and more.

Why do I need to project the costs of future medical treatment in my PI case?

Future medical treatment must be accounted for in your Missouri personal injury case because “you only get one bite at the apple” when it comes to full and fair compensation for your claim. In other words, once your case is resolved either by settlement or judgment, you cannot go back and ask for additional compensation if you incur additional medical expenses or treatment down the road. As such, it’s crucial that your PI lawyer accounts for all of your damages, including future medical treatment, prior to resolving your case. Further, projecting future medical treatment allows you to resolve your claim much sooner, instead of waiting many years to see what actual costs are incurred.

What happens if defense counsel or the other party’s insurance company disagrees with my future medical costs?

Disagreement between the parties and their respective lawyers is the name of the game in civil litigation such as a personal injury case. As such, it’s extremely common for defense counsel and/or the at-fault party’s insurance company to disagree with your Lifecare Planner’s future medical costs projections on your case.

Defense counsel will usually want to take the deposition of your Lifecare Planner (and any of your other retained medical expects) to determine the basis of their opinions and to see if there are any flaws in their methods or calculations. If defense counsel believes the Lifecare Planner’s opinions are too speculative and/or not based upon reliable methods or evidence, they can file a motion with the court to exclude the Lifecare Planner from testifying at trial and presenting their future medical cost projections to the jury.

Further, defense counsel may hire their own medical experts to review your medical records and/or make you conduct a medical examination in order for them to reach their own conclusions as to your required future medical treatment. If your case proceeds to trial, both sides’ respective medical experts will present their opinions to the jury as to your future medical needs, and the jury will get to decide who they believe.

What’s the standard for admission of future medical bills in Missouri personal injury cases?

In Missouri personal injury cases, expert opinions as to future medical care must be made “within a reasonable degree of medical certainty.” It’s important to note that potential future consequences of an injury do not need to be certain to occur. See Deck v. Teasley , 322 S.W.3d 536, 543 (Mo. 2010); see also Swartz v. Gale Webb Transp. Co. , 215 S.W.3d 127 (Mo. banc 2007).

In Serious Personal Injury Cases in Missouri, Duckworth Injury Law Fights for Your Future Medical Needs

When it comes to serious injury cases, wheth er from car accidents , motorcycle accidents , or truck accidents , accounting for your future medical bills is crucial in ensuring that you receive full and fair compensation for your personal injury claim.

Catastrophic injuries, such as spinal injuries, traumatic brain injuries, significant orthopedic injuries, and bodily disfigurement, often require years to a lifetime of treatment. As such, you need a personal injury lawyer on your team who is familiar with handling serious accident cases and who has the experience, know-how, and resources to make sure the costs of your future medical care are properly accounted for.

At Duckworth Injury Law, our firm routinely hand les serious injury cases in which our clients will require years of future medical care. As such, we have an extensive network of medical providers and experts that we work with on personal injury cases to project the needs and costs of future medical care for our clients moving forward.

Call us today for a free consultation on your personal injury case, including how Duckworth Injury Law will ensure future medical bills are accounted for.

Can I Bring a Personal Injury Claim After a Car Accident With a Deer in Mid-Missouri?

Mon, 20 Oct 2025 21:25:59 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has handled hundreds of car accident personal injury claims, with countless factual scenarios surrounding these accidents. Follow EC Duckworth on LinkedIn .

What Are Your Compensation Options in Missouri When a Car Collision Involves a Deer?

When the leaves begin to fall across mid-Missouri, whitetail deer activity begins to increase as well. This increased movement is due in large part to what’s referred to as “the rut”, an annual breeding season for deer in which bucks become more active and aggressive in their search for a mate. Further, as the temperatures across mid-Missouri begin to dip, deer also become more active in an effort to find more food and to stay warm to maintain their body temperature.

This increased deer activity leads to an increase in deer movement across roadways, which inevitably leads to an increase in motor vehicle collisions with and/or involving deer. In fact, in 2024 alone, the Missouri State Highway Patrol reported 2,951 deer related crashes, which caused 420 injured motorists and 4 fatalities. Deer related crashes have again been an issue this fall, and just recently, an Eldon, Missouri, man was seriously injured after hitting a deer while on his motorcycle in Cole County, Missouri. Across the country at large, it’s estimated deer collisions result in over $1 billion of vehicle damage each year.

So, if you find yourself seriously injured (or if a loved one is killed) as a result of a car or motorcycle accident involving a deer, is there any way to pursue a personal injury claim? Simply put, if the negligence of another person and/or entity contributed to cause the crash, then there may be a cognizable personal injury claim .

Who can I Bring a Personal Injury Claim Against in a Deer-Related Car Crash?

While you certainly will not be able to pursue a claim against the deer for causing the crash, you may have a personal injury claim against the following:

The operator of your vehicle

If you are a passenger in a vehicle that crashes due to a deer being in the roadway, you may have a viable personal injury claim against the driver of your vehicle. Missouri law requires all drivers to operate their motor vehicle at the highest degree of care, to drive in a careful and prudent manner, and at a rate of speed so as not to endanger another. See RSMo. § 304.012 .

If the driver of your vehicle contributes to cause the crash, or increases the severity of the crash, due to their actions/inactions in responding to the deer, you likely have a negligence claim against them. With crashes involving deer, this often involves a driver traveling too fast for the conditions, failing to keep a careful lookout for the deer, failing to take evasive action (such as stopping in time) to avoid the deer, or by swerving off the roadway and/or overcorrecting in an attempt to avoid the deer.

The operator of another vehicle involved in the crash

From time to time, a deer crossing the roadway may cause a driver to veer into oncoming traffic in an effort to avoid hitting the deer. If in doing so, that driver crashes into another vehicle, or causes another vehicle to have to swerve off the roadway, that driver is likely responsible for the other vehicle’s damages.

Or, if a vehicle is forced to come to a stop due to a deer being in the roadway, and the driver of another vehicle rearends that vehicle, the driver who rearended the other vehicle will likely be responsible for the other vehicle’s damages.

What Insurance Coverage is Applicable in a Car Crash Caused by a Deer?

Liability Coverage

If another driver is responsible for contributing to cause the crash, then their automobile liability insurance coverage will be responsible for paying your vehicle damage and personal injury claim.

Comprehensive Coverage

If no other vehicle is involved in the accident and your vehicle simply collides with a deer in the roadway, comprehensive coverage will likely apply. Comprehensive coverage will pay for the damage to your vehicle (minus your deductible), but it will not cover your medical bills, pain and suffering, etc.

Collision Coverage

Depending on the language of your particular auto insurance policy, collision coverage may apply to a collision involving a deer. Most often, collision coverage applies when you do not hit the deer with your car, but you collide with another vehicle or object off the roadway.

Medical Payments Coverage

Medical payments coverage is no-fault insurance which covers medical expenses resulting from a car accident. This coverage is optional in Missouri, but it would apply to injuries/treatment resulting to you or your passengers involved in a car crash with a deer.

When Are Car Crashes with Deer Most Common?

Motor vehicle crashes involving deer are most common from October through December in mid-Missouri. This often corresponds with Missouri’s deer hunting season, whereby deer are more active during “the rut” and when temperatures drop.

As for time of day, the majority of collisions occur from dusk to dawn. Further, the most serious crashes often involve high speed rural roads where deer are densely populated.

What Can I do to Avoid Being involved in a Car Accident with a Deer?

The best way to avoid a deer-related car accident is to stay alert and vigilant—especially during deer season, early mornings, and late evenings.

Try to anticipate that a deer may suddenly appear when traveling on a rural road. Travel at a reasonable speed, use your high beam headlights, and always wear your seatbelt. If a deer does appear in the roadway, firmly apply your brakes and avoid swerving. Swerving can cause your vehicle to travel off the roadway, into the path of oncoming traffic, or into the deer itself. If you encounter one deer in the roadway, proceed slowly and cautiously as there are often others present as well.

Contact EC Duckworth & Speak With a Personal Injury Attorney After a Car Crash in Mid-Missouri

If you or a loved one has been involved in a serious injury or death accident as a result of a collision with a deer, it’s important to understand your legal rights. While not every motor vehicle accident involving a deer will result in a viable personal injury or wrongful death claim, many do.

Whether you are a passenger on a motorcycle that strikes a deer on MO F Highway near Fulton, MO in Callaway County, or the driver of a car that is struck by another car that tried to swerve to miss a deer on Highway D near Osage Beach, MO in Camden County, Duckworth Injury Law is here for you.

Personal injury lawyer EC Duckworth is experienced in handling all sorts of car accidents , motorcycle accidents , and truck accidents , including those involving deer in the roadway. Among those accidents, Attorney Duckworth successfully resolved an uninsured motorist claim involving the wrongful death of a man involved in a car accident while riding as a passenger in a truck that swerved off the road due to a deer in the roadway.

Call us today for a free consultation regarding the merits of your motor vehicle deer accident personal injury claim.

What Is “Mediation” in a Missouri Personal Injury Case?

Mon, 13 Oct 2025 15:13:58 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has participated in mediation in dozens of personal injury cases, resulting in millions of dollars of settlements for his clients via mediation. Follow EC Duckworth on LinkedIn .

If Mediation Is Necessary in Your Personal Injury Case, Learn How to Understand the Process With Duckworth Injury Law, Missouri’s Hometown Law Firm

So, your lawyer has told you that the other party has requested “mediation” in your Missouri personal injury case. What does that mean? Mediation is a form of alternative dispute resolution whereby a mediator facilitates settlement negotiations between two or more parties in an effort to resolve the case via settlement and short of continued litigation or trial. Alternative dispute resolution encompasses any method of resolving your case outside the traditional method of a judge or jury determining the outcome of your case at trial.

The purpose of mediation is to get the parties to come to the negotiation table, to discuss the issues of the case with the help of a neutral third party, and to hopefully resolve the case for a monetary amount agreed upon by all parties.

Does a Mediator Get to Decide How Much I Will Recover for My Case?

No, the mediator does not get to decide how much you will receive for your personal injury case, and the mediator has no authority to force you to settle your case.

Rather, it’s the mediator’s job to listen to the positions of both parties and to provide an objective analysis of the strengths and weaknesses of the parties’ respective positions. While the mediator can (and often does) provide his/her own opinion as to the value of your case and your likelihood of success at trial, it’s ultimately your decision on whether to settle your case and for what amount.

Who Acts as the Mediator for My Personal Injury Case and How are They Chosen?

Typically, the parties are permitted to pick the mediator on their own if they are able to agree on an individual to act as the mediator. Often, one party will submit a list of possible mediators, allowing the other party to choose the mediator from the list. However, if the parties are unable to agree upon a mediator, the judge can step in and choose the mediator for the parties.

Often, the mediator will be either a retired judge or a seasoned attorney with experience in the area of law at issue (i.e., an attorney familiar with personal injury law for a personal injury case). It’s important that the mediator is unbiased, with no connection to either the plaintiff or the defendant in the case.

What Should I Expect During the Mediation of My PI Case in Missouri?

At most mediations, you and your lawyer will be placed in one room, and the insurance company representative and her lawyer will be placed in a separate room. The mediator will begin the mediation by meeting with each party separately, explaining the mediation process, and talking through the basic facts surrounding the case.

After the mediator has had a chance to visit with both parties, the negotiations will begin. Typically, the party that last received a settlement demand/offer will be required to make the first move at mediation. For example, if the plaintiff previously submitted a demand to the at-fault party’s insurance company and the insurance company has yet to respond, the insurance company will be required to provide its response to that demand first. Or, if the insurance company last made an offer to the plaintiff, the plaintiff will be required to submit a revised demand in response to that offer.

Between each settlement offer, the mediator will meet with the respective parties to discuss the current offer, including the mediator’s analysis of the offer, the case, and any questions the parties have. This process continues back-and-forth for as long as the parties choose to continue negotiating. If the parties are able to reach an agreed-upon settlement figure, the mediation will conclude with each party signing a memorandum of understanding as to the basic settlement terms. If the parties reach a point where one or both parties believe the negotiations are no longer productive, the mediation can conclude without resolution of the case.

Where Will My Mediation Take Place?

Usually, the mediation will take place at the office of the mediator. However, occasionally the mediation will take place at the office for the attorney of one of the parties if more convenient for the parties.

However, it is becoming more and more common these days for the mediation to be conducted remotely via video conferencing (such as Zoom). For remote mediations, the mediator’s office will ensure the communications between the mediator and each party are secure, not allowing one party to listen to the other party’s conversations with the mediator.

Who Pays for Mediation in a Personal Injury Case?

In Missouri, the default rule is typically that the parties will jointly split the cost of the mediation. That means if mediation costs $5,000, the plaintiff will pay $2,500 and the defendant will pay $2,500.

However, it’s not unusual when a settlement is reached at mediation for the plaintiff to demand the defendant pay for the cost of mediation as part of the settlement agreement. Using the above example, the plaintiff may state: “I will agree to settle the case for $50,000, but the defendant must also pay the $5,000 mediation cost.” This agreement will need to be reflected in the memorandum of understanding regarding the settlement terms at the conclusion of the mediation.

Can I Choose Not to Mediate My Case?

It depends. Oftentimes, mediation is required by the judge in your case. If ordered by the judge, then mediation is required. Even if you are not required to resolve your case at mediation, the judge will require that you attend the mediation and give a “good faith effort” towards settlement negotiations.

If the judge on your case does not order mediation, but it is simply requested by the other party, you can choose to decline their offer and refuse to mediate your case.

Duckworth Injury Law Can Help You Navigate the Mediation Process in Your Missouri Personal Injury Case

While mediation can sound like an intimidating process for a party that has never had to go through it, there should be nothing to worry about. Your attorney should be able to explain the process, what to expect, and they should set realistic expectations regarding settlement value. It’s important to remember that while you may have to go to mediation for your personal injury case, you are not required to accept any settlement offer at mediation. It’s your case, and it's ultimately your call as to whether you want to resolve the case during mediation. Your attorney and the mediator are simply there to provide you with all of the information you need to make that decision.

Duckworth Injury Law is proud to have represented dozens of mid-Missouri accident victims in mediation, resulting in millions of dollars in compensation recovered via settlements at mediation. If you need local, aggressive, and knowledgeable legal representation for an upcoming personal injury mediation, don’t hesitate to reach out to our firm. Whether the accident occurred due to a car accident in Columbia, MO , a motorcycle crash in Jefferson City , or a boating accident at the Lake of the Ozarks , EC Duckworth takes pride in representing mid-Missouri families who need it the most.

Call us today for a free consultation on your Missouri personal injury case.

Who Can Bring a Claim for a Family Member’s Wrongful Death in Missouri?

Tue, 07 Oct 2025 15:44:54 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. Notably, EC obtained a $973,000 jury verdict for a contested liability wrongful death claim in Missouri. Follow EC Duckworth on LinkedIn .

If You Lose a Loved One in an Accident, You Need a Wrongful Death Attorney Who Understands Missouri Unlawful Death Statutes

If you have tragically lost a loved one due to the negligence of another person or entity in a car, truck, motorcycle, boat, or premises liability accident in Missouri, you’re likely wondering who in your family is permitted to bring a wrongful death claim on their behalf. In Missouri, wrongful death claims are governed by statute, which, among other things, outlines which individuals are entitled to bring a wrongful death claim.

Who Can Bring a Wrongful Death Claim in Missouri?

Missouri law establishes a tiered class system that determines which family members are permitted to bring a wrongful death claim. See RSMo. § 537.080 .

The first class entitled to bring a wrongful death claim is the spouse, children (or surviving descendants of any deceased children), and parents of the decedent (i.e., the individual who died). Any member of this first class is permitted to initiate a wrongful death claim, although proper notice must be provided to the other members of the class prior to settlement of the claim. If there are no members in the first class entitled to bring the wrongful death claim, then the second-class members are permitted to pursue the claim.

The second class includes the siblings of the decedent (or the nieces/nephews of the decedent, if a sibling has passed away). If there are no members in the second class entitled to bring the wrongful death claim, then the court may appoint a “ plaintiff ad litem ” to pursue the claim. A plaintiff ad litem is typically someone with the next closest relationship with the decedent, who does not fall into the first or second classes.

It's important to note that a wrongful death claim in Missouri is held by those individuals entitled to share in the proceeds of the action (outlined above) and not the decedent’s estate . It should also be noted that if an individual is a member of a class permitted to bring the wrongful death case, he or she does not need permission to initiate the case. However, he/she will have to provide proper notice to the other parties of the claim, and the court will ultimately determine how the money is distributed amongst the class members.

How Long Do I Have to Pursue a Wrongful Death Claim in Missouri?

The general rule in Missouri is that the family members entitled to bring a wrongful death claim have three (3) years to file such a case or else they will be forever barred from thereafter bringing such a claim. See RSMo. § 537.100 . This period is known as the statute of limitations (SOL) for wrongful death claims in Missouri. For purposes of calculating this 3-year SOL, the court looks to the date of death rather than the date of the accident.

Note: While this three-year deadline applies to the time the case must be filed, it does not apply to the time the case must be resolved. For example, if a loved one experiences a wrongful death on December 1, 2025, the family has until December 1, 2028, to file a lawsuit on such a claim. Once the lawsuit is filed prior to the December 1, 2028 statute of limitations, there is then no deadline as to when the case must be resolved.

What Damages are Recoverable in a Missouri Wrongful Death Claim?

Recoverable damages in a Missouri wrongful death claim are also governed by statute. RSMo. § 537.090 states that a jury may award damages for the following:

Funeral expenses
Pecuniary (financial) loss provided to the family
Loss of services provided to the family
Loss of consortium provided to the family
Loss of comfort provided to the family
Loss of instruction provided to the family
Loss of guidance provided to the family
Loss of counsel provided to the family
Loss of training provided to the family
Loss of support provided to the family

In addition to those categories outlined above, the jury may also award damages for the decedent’s medical bills, pain, suffering, and loss of enjoyment of life experienced from the moment of the accident until their subsequent death.

Note: If a decedent was not employed full time and was at least fifty percent responsible for the care of at least one minor, disabled person, or person over 65-years-old, there is a rebuttable presumption that the value of the care provided is equal to 110% of the state average weekly wage.

Further, if the decedent is under 18-years-old, there is a rebuttable presumption that the financial loss of the decedent child is calculated using the average income of the decedent child’s parents.

Can I Recover for the Bereavement, Grief, or Sadness I Feel in Losing a Family Member?

In Missouri, a jury may not award damages/compensation for grief, bereavement, or sadness caused to the family as a result of the death of a loved one. The damages awarded must fall into one of the categories outlined above under RSMo. § 537.090 .

Is There a Cap on Damages or Compensation for Wrongful Death Claims in Missouri?

There is generally no cap on the damages that a jury can award in a wrongful death case in Missouri .

The biggest exception to this general rule is for a medical malpractice incident that results in wrongful death. For medical malpractice claims resulting in death, Missouri caps the non-economic damages that can be recovered at $828,529 for claims arising in 2025. See RSMo. § 538.210 . Non-economic damages are compensation for losses that lack a direct financial value, like pain and suffering, loss of comfort, loss of consortium, etc. While Missouri caps non-economic damages in medical malpractice claims, there is no cap on economic damages (medical bills, lost wages, etc.).

Seek an Unlawful Death Laywer in Missouri Who Brings Experience & Proven Results to Your Case

If your loved one was killed due to the negligence of another in mid-Missouri, you need a local personal injury lawyer who understands Missouri’s complex wrongful death laws, and who has experience litigating wrongful death cases. Whether the accident occurred due to a car accident in Columbia, MO , a motorcycle crash in Jefferson City , or a boating accident at the Lake of the Ozarks , EC Duckworth takes pride in representing mid-Missouri families who need it the most.

Duckworth Injury Law is here to help mid-Missouri families recover the compensation they deserve following the tragic wrongful death of a family member. Attorney EC Duckworth has handled numerous wrongful death cases, having obtained millions of dollars for the families of accident victims, and is not afraid to take your wrongful death case to trial if necessary. Call us today for a free consultation on your Missouri wrongful death case.

Fall at the Lake: What to Do After a Hunting or ATV Accident Near Osage Beach, MO

Mon, 29 Sep 2025 20:22:47 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC’s firm routinely handles personal injury cases at the Lake of the Ozarks’ communities, including cases in Camden County and Osage Beach, MO. Follow EC Duckworth on LinkedIn .

Serious Injuries Can Occur at Any Time in Osage Beach, MO. Secure Your Financial Recovery With EC Duckworth, Personal Injury Lawyer at Duckworth Injury Law

While the Lake of the Ozarks is most well-known for its summertime recreation, including boating, jet skiing, and sunbathing, the communities of the Lake – like Osage Beach – offer plenty to do once the leaves begin to fall as well. For locals of Osage Beach, the Fall is often the best time to be at the lake. With tourist crowds thinning out, locals of Osage Beach are able to enjoy Friday night high school football, deer hunting season, back roading, and side-by-side and ATV riding. While these activities are part of what makes mid-Missouri and Osage Beach such a great place to live in the Fall, they’re not without risk.

Common Accidents that Happen in the Osage Beach Area During the Fall Season

Hunting Accidents

With Fall comes deer, turkey, and duck hunting season across Missouri. And at the Lake area, it can sometimes feel like the deer population outnumbers the human population, making it a great area to score a big buck! However, deer hunting also leads to many serious injury-causing accidents each year. These hunting accidents often arise from:

Falls from tree stands
Firearm mishaps (accidental discharge, improper target identification, crossfire between hunters)
Improper supervision of youth hunters
Dangerous conditions on the hunting property

ATV & UTV Accidents

Once the temperature drops, it’s time to trade in the personal watercraft for the ATV, UTV, and side-by-side. And the Lake area has plenty of great spots to ride, including near Osage Beach. Though fun, you should be cautious of common ATV & UTV accidents:

Trail collisions
Inexperienced operators
Rollovers on uneven terrain
Alcohol related crashes
Other cars and trucks failing to see you on the roadway

Rural Road Dangers

There are not many better ways to take in an Osage Beach sunset, or the views of the colors of the trees changing across an Ozark backdrop, than going cruising on an old country road. Even so, “backroading” is not without its risks of accidents, which are often caused by the following:

Increased deer movement across roads like US 54 HWY, especially during the rut
Poor visibility during early morning and evening hours (especially with heavy fog)
Driving too fast for the conditions on loose gravel and winding roads
Operating a vehicle under the influence of drugs or alcohol

Legal Responsibility for Osage Beach, MO Accidents in the Fall

While not all of the common Fall accidents listed above can result in financial recovery for the injured victim, others often involve a person or entity who is legally responsible for the harm you have suffered. For example, while you may not be able to pursue a personal injury claim if you hit a deer in the roadway on Missouri Route 134 or if you trip over a tree root while exploring Ha Ha Tonka State Park, you likely do have a viable personal injury claim if you are hurt while riding as a passenger on an ATV or if you are struck by another hunter’s inadvertent bullet while deer hunting. Below is a list of those who are commonly held legally responsible for injury-causing accidents in these Fall-time activities at the Lake:

Who is Liable in an Osage Beach Hunting Accident?

Property owners, if there is a known dangerous condition on the property
Manufacturers and distributors of faulty hunting equipment, such as if a deer stand malfunctions, causing injury
Parents of youth hunters who fail to properly supervise their child who harms another while hunting
Negligent hunters who inadvertently discharge their firearm, injuring another

Who is Liable in an Osage Beach ATV or UTV Accident?

Property owners, if there is a known dangerous condition on the property causing the ATV or UTV collision
Manufacturers and distributors of the ATV or UTV if the vehicle malfunctions or lacks appropriate safety features
The driver/operator of the ATV or UTV who caused the crash
The owner of the ATV or UTV if they are negligent in entrusting the vehicle to an inexperienced driver
The operator of another car or truck who collides with the ATV or UTV

Who is Liable in an Osage Beach Car or Truck Accident While Backroading?

The driver/operator of the car or truck who causes the collision
The county or state that maintains the roadway if the roadway is in a dangerous condition at the time of the crash
The owner of the car or truck if they are negligent in entrusting the vehicle to an inexperienced driver
Other parties, depending on the specific facts of the incident

Steps to Take Immediately After an Osage Beach Personal Injury Accident

Despite how careful you may try to be while enjoying these Fall activities at the Lake of the Ozarks and Osage Beach, accidents are still prone to happen. If you or a loved one find yourself in an injury-causing accident near Osage Beach, MO, it’s important to understand what steps to take:

First, seek medical attention as soon as possible. If you suspect you may have sustained an injury, it’s important that you are examined by a qualified medical professional. A doctor or nurse will be able to triage your injury, document the cause of the injury, and provide guidance for further care and treatment. For injury accidents near Osage Beach, the closest emergency care is Lake Regional Health System . Lake Regional Hospital is located at 54 Hospital Drive, Osage Beach, MO 65065.

Second, report the incident to the appropriate law enforcement agency. Typically, you can simply call 911, and the dispatcher should be able to notify the appropriate agency. For motor vehicle crashes, including ATV, UTV, car, and truck collisions, your accident will likely be handled by either the Osage Beach Police Department , Missouri State Highway Patrol Troop F , or the Camden County Sheriff’s Office . If you are involved in an injury causing incident while hunting on public land near Osage Beach, you should further report the incident to the Missouri Department of Conservation . Timely reporting of your accident ensures that key details and evidence relating to the accident are preserved, allowing your personal injury attorney to more easily prove your claim.

Third, if you are able to, it’s helpful if you can document the scene of the accident. Take photographs and video of the scene and the vehicles or objects involved. Write down the names and contact information for those involved in the accident and those who may have witnessed the accident.

Finally, prior to giving a statement to any insurance company, speak with an experienced Osage Beach personal injury lawyer on how to proceed next.

How An Osage Beach Injury Lawyer Can Help

After a serious accident in Osage Beach, you need an Osage Beach personal injury lawyer on your side looking out for your best interests. The best Osage Beach injury lawyers will immediately begin investigating your accident and obtaining/preserving evidence. Your lawyer will want to determine the specific cause(s) of the accident, whether due to equipment failure, a dangerous condition on a property, or a negligent driver.

In addition to learning the cause of your accident and who is responsible for your accident, a good Lake area attorney will want to identify all sources of recovery on your claim. This may include liability insurance coverage on a vehicle, homeowner’s insurance, rental insurance, or personal assets of the defendant.

Finally, the best personal injury lawyers for Osage Beach claims should not be afraid to take your claim to court if necessary. While some claims may be resolved through negotiations out of court, other times, filing a lawsuit and litigating the case is necessary to obtain fair and full compensation.

Local Resources for Osage Beach Area Personal Injury Accidents in the Fall Season

Is Your Family Facing A Serious Personal Injury In Osage Beach, MO? Attorney Ec Duckworth Will Be Your Advocate From Investigation To Settlement & Even At Trial

If you or a loved one were injured in a hunting, ATV, UTV, car or truck accident near Osage Beach, MO, Duckworth Injury Law is here to help. We know the Lake, we know the law, and we fight to protect Mid-Missouri families. Call us today for a free consultation.

EC Duckworth takes pride in acting as a go-to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , or dog bite lawyer at the Lake, including Osage Beach.

How Much Money Do Personal Injury Cases Typically Settle For in Missouri?

Tue, 23 Sep 2025 21:29:05 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC takes pride in maximizing the value of every personal injury case he handles and always provides clear explanation to his clients regarding their respective case’s value. Follow EC Duckworth on LinkedIn @ www.linkedin.com/in/ec-duckworth

Between Medical Costs & Replacing Damaged Property, You Need an Attorney Who Will Follow Your Case to Court. Find Out What Shapes a Personal Injury Settlement With Missouri's Duckworth Injury Law.

While exact data and comprehensive research on the topic is limited, at least one study found that personal injury settlements for 2025 averaged between $24,000 to $55,100 , with an overall estimated settlement average of $40,500 .

While this information provides a very broad barometer of the personal injury settlement landscape, the data should be taken with a grain of salt. As the name suggests, personal injury claims are just that – they are “personal” to the particular injured claimant. Every personal injury case is unique, and it can be very difficult to attempt to use generalized data to support the settlement value of a specific case. To determine the specific settlement value of your particular personal injury claim, many factors must be considered, including the following.

1) The Severity of Your Injuries

Simply put, the more serious the injuries you sustained, the higher value your case will likely be. A wrongful death or catastrophic injury case (e.g., amputation, disfigurement, spinal injury, traumatic brain injury, etc.) will be valued substantially higher than a soft-tissue (e.g., whiplash) case. In most cases, non-economic damages (e.g., pain and suffering and loss of enjoyment of life) will correspond with the severity of your injuries. Damages for a wrongful death or catastrophic injury case can easily reach seven or even eight figures, while a soft tissue claim will often not reach six figures (without unique circumstances).

2) Past and Future Medical Bills

In line with the severity of your injuries, your past and future medical bills will often correlate. Past and future medical bills are referred to as “economic damages”, which are damages that you can objectively quantify with tangible values. In a personal injury case, both past and future medical bills caused from the accident are recoverable. While past medical bills are usually straightforward to calculate, future medical bills are calculated with the assistance of an expert medical doctor and/or life care planner. The life care planner will typically meet with the plaintiff, review the plaintiff’s medical records, and project the cost of required future treatment needed as a result of the accident.

3) Lost Wages

Lost wages and/or lost earning capacity is another category of economic damages in a personal injury case. The longer you are required to be out of work after your accident, the larger your lost wages claim will be. If you are no longer able to work at all following a serious injury causing crash, or if you can no longer perform your job to the same degree you could prior to the crash, a vocational expert and/or economist may be required to calculate the full extent of your lost wages claim.

4) Liability in Causing the Accident

In addition to your damages sustained in an accident, the parties’ respective liability in causing the accident will also affect the value of your personal injury claim. Missouri follows a pure comparative fault model in allocating fault between a plaintiff and a defendant in a personal injury negligence claim. That means if you are partly at fault for causing the accident, your personal injury case value will be reduced in proportion to your own percentage of fault. For example, if you are involved in a car accident in which you are 50% at fault for causing the crash, your case value will be reduced by 50% (e.g., if your total damages are $100,000, your comparative fault in causing the crash will reduce the case value to $50,000).

5) The Insurance Coverage Available

While the amount of insurance coverage available doesn’t affect the technical value of your claim (i.e., what your case would be valued by a jury at trial), it certainly affects the practical value of your claim (i.e., what you can actually recover for your claim). Put differently, there are often situations where a personal injury claimant’s damages exceed the insurance coverage limits of the at-fault party. In these situations, an analysis must be made as to whether it makes sense to pursue a judgment against the at-fault party above and beyond the insurance coverage limits available. In making this analysis, your attorney must consider what assets are recoverable from the at-fault party to satisfy the judgment you may obtain. If it appears the at-fault party lacks assets to pay the expected judgment (sometimes referred to as “judgment proof”), your best option may be to accept the available insurance coverage limits of the at-fault party (even if this means accepting an amount less than your claim’s true value).

Book a Free Consultation With EC Duckworth & Start Reviewing Your Personal Injury Case in Missouri

If you’ve been involved in a personal injury causing accident in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri, you need a personal injury lawyer who understands your case’s value and who will fight to get you your case’s maximize value. EC Duckworth of Duckworth Injury Law has a proven track record of maximizing case values, having secured tens of millions of dollars in compensation for his clients. EC is not afraid to take a case to trial, as documented by his $973,000 jury verdict for a contested liability motor vehicle vs. pedestrian collision in Warrensburg, MO.

Whether your personal injury or wrongful death claim involves a car accident , truck accident , motorcycle accident , or boating accident , Duckworth Injury Law will provide you with a clear explanation as to the value of your claim and will do everything in his power to recover what your case is worth. If you’d like to discuss the value of your particular case, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

Obtaining a Columbia, MO Police Report After a Car Accident – Why It’s Crucial for Your Case

Mon, 15 Sep 2025 18:59:51 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC’s firm routinely handles personal injury cases in Boone County, including Columbia, such as car accidents, trucking accidents, motorcycle accidents, premises liability cases, and dog bite incidents. Follow EC Duckworth on LinkedIn .

A Police Report Is a Vital Piece of Evidence in Any Columbia Car Accident Case. Demand a Report Be Taken at the Scene & Contact EC Duckworth to Represent You in Court

After a serious car accident, motorcycle accident, or truck accident, in Columbia, MO, law enforcement personnel will likely quickly respond to the scene of the crash. In Columbia, that law enforcement personnel will often come from one (or more) of the following agencies: the Columbia Police Department , the University of Missouri Police Department , the Missouri State Highway Patrol (Troop F), or the Boone County Sheriff’s Office . The specific agency that will respond to a motor vehicle accident generally depends on where the accident occurred and the severity of the crash. For example, a car crash on Vandiver Drive will likely result in the Columbia Police Department arriving to the scene, a motorcycle accident on Rollins St. on Mizzou’s campus will typically be handled by MUPD, a tractor-trailer collision on I-70 may be handled by the MSHP, and a pickup truck crash on Route K will probably be responded to by the Boone County Sheriff’s Office. Regardless of who responds to the scene, however, all of these law enforcement agencies typically have two major objectives in handling a car accident: (1) ensuring safety and rendering aid, and (2) investigating the accident.

In Columbia Car Accident Cases, the Missouri Uniform Crash Report Is Crucial Evidence, Making It Vital for Any Car Accident Claim

Once the first objective is achieved (the area is secured, traffic is blocked off, EMS/medical personnel have arrived, injured parties are stabilized, and damaged vehicles are addressed), an officer’s attention turns to investigating the crash. In investigating the crash, the reporting officer will interview witnesses and the parties involved, take photographs of the scene and the vehicles, note the damage to the vehicles involved, document skid marks and vehicle resting positions, and check for contributing circumstances to the crash and potential violations (speeding, failure to yield, drug/alcohol impairment, etc.). This information is then compiled into a written report often referred to as a police report or crash report. In Missouri, a report pertaining to a motor vehicle accident such as a car, motorcycle, or truck accident is known as a Missouri Uniform Crash Report. A Missouri Uniform Traffic Crash Report is required to be completed if a traffic crash involves a death, personal injury, an apparent property damage of five hundred dollars or more to one person. See RSMo. § 43.250 .

For a Columbia car accident case, the evidentiary foundation of your case typically starts with the crash report. As such, it’s vital that a report not only be completed after your car accident, but that the report be completed thoroughly and accurately.

How is a Columbia police report used in my personal injury case?

First and foremost, a police report is used to obtain important background information about the crash and the parties involved. The report will provide information such as where the crash occurred, when the crash occurred, who was involved in the crash, and how/why the crash occurred. The report will also identify the names and contact information of the drivers involved and any witnesses to the accident. Missouri crash reports further contain a “Narrative Section” which includes statements from these individuals as to how the crash occurred.

While a police report is not always admissible as evidence in Missouri courts (portions may be excluded from evidence as inadmissible hearsay), the report is still valuable to your case. For one, many cases are resolved via settlement negotiations outside of court. As such, the police report is often used as part of those settlement negotiations to establish liability against the other party. The report will contain the police officer’s summary of the crash as well as the police officer’s opinion as to “probable contributing circumstances” to the crash. These probable contributing circumstances are essentially what the officer believes a party did or did not do, which contributed to causing the crash. This information can be used as leverage when negotiating with the at-fault party’s insurance company.

Second, the report provides a starting point for the discovery of other admissible evidence, based upon the findings within the report. For instance, the contact information for witnesses allows your personal injury lawyer to track down those individuals and obtain recorded statements as to how the crash occurred. Or the report may note that there is surveillance video of the car accident available, triggering your car accident attorney to subpoena the footage.

Third and finally, there are portions of the police report which may be admissible if your case proceeds to trial. Portions of the report may be admitted as business records or to refresh a witnesses’ recollection, and statements of the parties may be admitted as admissions against interest.

How do I ensure a crash report is completed after my car accident in Columbia, MO?

Oftentimes, a crash report will automatically be created by the reporting law enforcement officer following your car accident. As mentioned above, in accidents involving death, personal injury, or property damage greater than $500, a crash report is required to be completed.

From time to time, however, we consult with potential clients where no crash report was made regarding their car accident. Typically, these cases involve car accidents where either the parties involved decided not to contact 911/law enforcement after the crash, or where the parties denied injury once law enforcement arrived at the scene.

To ensure a crash report is completed after your car accident in Columbia, it’s important to call 911 immediately after your crash and to request law enforcement’s assistance. Once you’ve called 911, make sure you do not downplay the severity of your injuries. Oftentimes in serious car accidents, accident victims are in a state of shock and heightened adrenaline, whereby the scope and extent of their pain and injuries is masked. As such, if you are experiencing any pain, unusual symptoms, or have an observable injury, make sure both the 911 dispatcher and the reporting police officer are aware. Not only will this help to protect your physical wellbeing, but it will also help to ensure a crash report is completed.

Note – Columbia Police Department has a non-officer division called “Community Service Aides”. These CSAs often arrive at suspected minor impact/non-injury car accidents in Columbia in lieu of Columbia Police Officers. Typically, these CSAs will not complete a Missouri Uniform Crash Report and will instead only make very basic notes regarding their investigation of the crash. As such, if you are involved in a Columbia, MO motor vehicle collision, req uest that an actual CPD Officer arrive at the scene and complete a crash report – not a CSA.

How can I obtain a copy of the police report for my Columbia, MO car accident?

Prior to leaving the scene of the crash, the reporting law enforcement officer should provide you with a card containing the name of the law enforcement agency, the name of the reporting officer, and your case identification number. The case identification number can be used to order the report from the applicable agency.

Most of the time, it takes one to two weeks for the crash report to be completed after your auto accident. In addition to filling out the report, the reporting officer’s work usually must be reviewed by a supervising officer. Once reviewed and finalized, the crash report will be available to pick up.

Depending on the particular law enforcement agency that investigated your car accident, you can typically obtain the report either in person, online, or by mail. Oftentimes, there is a small fee of $5-10 associated with obtaining the police report. The following links provide access/information for ordering your Columbia, MO car accident crash report/police report:

Your car accident personal injury lawyer should be able to provide you with a copy of your Columbia car accident crash report as well.

EC Duckworth is Columbia, MO’s hometown car accident injury attorney. Contact him to secure a free case consultation today

Duckworth Injury Law is a mid-Missouri law firm headquartered in Columbia, Missouri. Founding attorney EC Duckworth grew up in Southern Boone County (just south of Columbia), attended both undergrad and law school at the University of Missouri, and calls Columbia home today. Duckworth Injury Law routinely litigates cases in the Boone County Circuit Court, and attorney EC Duckworth has appeared before every current Boone County Circuit Judge.

Duckworth Injury Law is proud to serve as The Columbia, Missouri Personal Injury firm and as Columbia’s go-to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , or dog bite lawyer .

Reach out to Duckworth Injury Law today for a free consultation on your Columbia personal injury case.

How Hard Is It to Win a Personal Injury Case in Missouri?

Tue, 09 Sep 2025 16:22:17 GMT

About the Author

Successfully Obtaining Full & Fair Compensation in a Personal Injury Case Depends on Many Factors. Duckworth Injury Law Can Help You Navigate This Process

When Duckworth Injury Law pursues a personal injury case on your behalf, it’s with one goal in mind – to win your case. When it comes to “winning” your personal injury case, we are typically talking about two key factors: 1) having either a judge, jury, or insurance company determine that the other party is at fault for causing the accident; and 2) having either a judge, jury, or insurance company award full and fair compensation for all of your damages. But how hard is it to win a personal injury case in Missouri? Simply put, the exact chances of winning your case depend on the unique facts and circumstances surrounding your accident.

To win a personal injury case in Missouri, you must meet your burden of proof

With respect to both establishing liability and proving your damages to win your case, Missouri law requires that the plaintiff (i.e., the injured party) establish that the other person is at fault by a “preponderance of the evidence.” In Missouri civil cases, such as personal injury cases, this is what is referred to as the burden of proof. While you may be familiar with the “beyond a reasonable doubt” burden of proof used in criminal cases, civil cases require this much lesser burden – the “preponderance of the evidence” burden. To meet this burden and establish liability against the at-fault party, the plaintiff must show that it is more likely than not that the defendant caused the crash and is responsible for plaintiff’s injuries and resulting damages. Often, this more likely than not standard is expressed as requiring the plaintiff to show that there is a greater than 50% chance that the defendant is responsible for causing the accident.

Your Missouri personal injury attorney will gather valuable evidence to establish liability & damages in your case

To successfully meet the burden of proof with regard to liability, your injury lawyer will need to collect and present evidence supporting your theory of liability. In a car accident case, key liability evidence includes witness statements, video footage, photographs, crash reports and police reports, “black box” vehicle downloads, cell phone records, and more. When it comes to meeting the burden of proof with regard to your damages, your personal injury attorney needs to collect and present evidence that the crash caused your injuries, as well as evidence regarding the extent and future prognosis of your injuries. Often, damages evidence includes your medical and billing records, expert medical doctor testimony, life care plans (projecting the cost of required future treatment), and testimony from friends and family regarding how the crash has affected your life. The stronger evidence your lawyer obtains regarding how the crash occurred (i.e., “liability”) and how the crash affected you (i.e., “damages”) the greater your chances of winning your case.

The type of your personal injury case also affects the odds of winning your case

While it’s often estimated that greater than 95% of cases settle prior to going to trial, the type of personal injury case affects not only the chances of resolving your case via settlement pre-trial, but also the chances of winning your case if it does go to trial.

In general, motor vehicle collisions (e.g., car accidents) are easier to resolve via settlement pre-suit and result in higher rates of plaintiff jury verdicts than other types of personal injury claims. On the other end of the spectrum, premises liability cases (e.g., slip and falls) and medical malpractice cases can be more difficult to resolve and result in higher rates of defense verdicts.

Of course, within these different personal injury case types, liability may vary greatly depending on the specific facts of the case. For example, in a rear-end car accident case, there is a presumption of fault against the party that rear-ended the other vehicle, making liability typically straightforward. However, in a car accident case where both parties claim to have had a green light when proceeding through an intersection (and there is no video footage or independent witnesses), establishing liability will be much more difficult.

The experience & track record of your attorney plays a huge role in your chances of winning your case

Let’s face it – personal injury lawyers are not all created equal. Again, winning a personal injury case is about more than just getting you some compensation for your injury claim, winning a personal injury claim is about getting you maximum compensation for your injury claim. Many personal injury law firms lack the experience, know-how, and track record to get you the maximum compensation available to you on your claim, thereby reducing the odds of winning your case.

You can bet the at-fault party’s insurance company and/or defense counsel will do their due diligence on researching your attorney. If your lawyer doesn’t typically handle personal injury cases, doesn’t litigate cases, doesn’t push back on low-ball offers, and doesn’t take your case to trial if necessary, the offers presented on your case will reflect such. To maximize your case value and truly “win” your personal injury case, you need a personal injury lawyer who focuses on personal injury law, who has extensive experience litigating personal injury cases, and who understands what your case is worth (and how to get that case value).

The Outcome of Your Case Can Be Impacted by the Personal Injury Lawyer You Choose. Contact Duckworth Injury for a Free Claim Review

If you’ve been involved in a personal injury-causing accident in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri, you need A Winning Missouri Personal Injury Lawye r on your team. EC Duckworth of Duckworth Injury Law has a proven track record of winning, having secured tens of millions of dollars in compensation for his clients. EC is not afraid to take a case to trial, as documented by his $973,000 jury verdict for a contested liability motor vehicle vs. pedestrian collision in Warrensburg, MO.

Whether your personal injury or wrongful death claim involves a car accident , truck accident , motorcycle accident , or boating accident , Duckworth Injury Law is a Winning Personal Injury Lawyer for the people of Missouri. If you’d like to discuss the best route of recovery for your particular case, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

What You Should Know About Lake of the Ozarks, MO Personal Injury Claims

Wed, 03 Sep 2025 20:01:01 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC’s firm routinely handles personal injury cases in Morgan County (Laurie and Versailles), Camden County (Osage Beach and Camdenton), Benton County (Cole Camp and Warsaw), and Miller County (Eldon and Tuscumbia) such as car accidents, trucking accidents, motorcycle accidents, premises liability cases, and dog bite incidents.

If You’ve Been Involved in a Personal Injury Accident at the Lake of the Ozarks, Learn How to File a Claim & Find an Attorney Who Can Lead Your Case

The Lake of the Ozarks (often referred to as “LOZ” by locals) is a man-made reservoir created in 1929 (and flooded in 1931) by damming the Osage River. The Lake spans across portions of four counties, which include Benton, Camden, Miller, and Morgan counties. While it’s not Missouri’s largest lake (Truman Lake is a slightly larger reservoir by water acreage), it is certainly Missouri’s most well-known lake. However, over the years, the Lake of the Ozarks has developed from simply a recreational lake primarily visited by Missouri locals, into a vacation hotbed known across the country (Netflix released as TV series called “Ozark” in 2017, which is a fictional drama based on the Lake of the Ozarks).

With lavish homes and ocean yachts mixed amongst modest dwellings and Jon Boats, the Lake of the Ozarks has a little something for everyone. It’s no surprise then to see the increased tourism and population growth across the region year after year. It’s currently estimated that the Lake of the Ozarks receives 2.5 million visitors per year and possesses an estimated total resident population of around 100,000 people (according to data acquired by the Lake of the Ozarks Regional Economic Development Council ). The largest towns across the LOZ region include Osage Beach ( 5,080 residents ), Camdenton (4,035 residents), and Lake Ozark (2,210 residents). Other notable towns and communities across the Lake include Laurie, Sunrise Beach, Rocky Mount, Bagnell, Village of Four Seasons, Linn Creek, Kaiser and Gravois Mills.

With so many communities collectively encompassing the Lake of the Ozarks, it can be difficult for residents and visitors to know where to turn and what to do if they are involved in an injury-causing accident in the area. From car crashes on the winding and hilly lake roads, to premises liability claims across the many lake businesses, to boat and jet ski accidents out on the water, personal injury-causing accidents are an unfortunate reality of lake life. As such, this article seeks to provide guidance for what you should know (both visitors and locals alike) about personal injury cases across the Lake of the Ozarks region.

Who investigates car accidents & boat crashes at the Lake of the Ozarks?

When it comes to responding to and investigating motor vehicle collisions at the Lake of the Ozarks, there is a litany of different municipal police departments, sheriff’s departments, and state agencies that may respond to the scene. The exact agency that will respond to your car accident will depend on where your crash occurs. On the west side of the Lake, both the City of Laurie, Missouri and the City of Sunrise Beach, Missouri have police departments which may respond to accidents occurring in their respective city limits. On the east side of the Lake, the Osage Beach Police Department or the City of Lake Ozark Police Department are likely to respond to a car accident occurring within their respective jurisdictions. And on the south side of the Lake, the City of Linn Creek, Missouri Police Department or City of Camdenton, MO Police Department are both prepared to investigate motor vehicle crashes in their towns.

For crashes occurring outside of incorporated cities and towns across the Lake of the Ozarks, you’re more likely to run across county sheriffs investigating car accidents. This includes the Morgan County Sheriff’s Office (211 Newton St., Ste. #2, Versailles, MO 65084), the Miller County Sheriff’s Office (1999 MO-52, Tuscumbia, MO 65082), and the Camden County Sheriff’s Office (1 Court Circle, Ste. 13, Camden, MO 65020).

In addition to these municipal and county agencies, the state of Missouri also provides a law enforcement presence in the Lake region through the Missouri State Highway Patrol. The MSHP is likely to respond to car accidents on major roadways across the Lake region including U.S. 54, MO Route 5, Highway W, and MO Route 52. Missouri State Highway Patrol Troop F is assigned to most of the counties, which encompass the Lake of the Ozarks, including Morgan, Miller, and Camden counties. MSHP Troop F is headquartered at P.O. Box 568, Jefferson City, MO 65102.

Regardless of the reporting agency, all Missouri law enforcement agencies are required by law (RSMO 43.250) to complete a Missouri Uniform Traffic Crash Report if a traffic crash involves a death, personal injury, and/or apparent property damage of five hundred dollars or more to one person.

Finally, for boat, jet ski, or drownings, which occur out on the water of Lake of the Ozarks, the Missouri State Highway Patrol’s Water Patrol Division is tasked with emergency response and investigation. The MSHP completes a Boat Crash Report Form with pertinent details of the incident following their investigation of a boat or PWC, accident.

Who provides medical care for victims of personal injury accidents in the Lake area?

If you’re involved in a serious injury-causing accident at the Lake, you’ll likely need emergency medical care as soon as possible. The most prominent medical provider in the region is Lake Regional Health System . Lake Regional Hospital is located at 54 Hospital Drive, Osage Beach, MO 65965. The hospital includes 121 patient beds with a 35-bed emergency department. Lake Regional Hospital’s Emergency Department is a Level III Trauma Center, which means it offers 24-hour immediate medical coverage by emergency medicine physicians and “has demonstrated an ability to provide prompt assessment, resuscitation, surgery, intensive care and stabilization of injured patients and emergency operations.” (Per American Trauma Society ). Lake Regional Hospital’s emergency department treats approximately 39,000 patients per year. In addition to its main hospital/campus, Lake Regional Health System has seven primary care clinics, twenty-plus specialty clinics, three express care clinics, and a skilled nursing facility across the Lake area.

In addition to Lake Regional Hospital, Lake of the Ozarks accident victims are often transported to Jefferson City and Columbia, Missouri for emergency medical care as well. Jefferson City has two major hospitals: SSM Health St. Mary’s Hospital (2505 Mission Dr., Jefferson City, MO 65109) and Capital Region Medical Center (1125 Madison St., Jefferson City, MO 65101), both with Level II Trauma Centers. If a patient is transported from the Lake to Columbia, the patient is likely being transported to the University of Missouri Hospital (1 Hospital Dr., Columbia, MO 65212), as the University has the closest Level I Trauma Center in the region. University Hospital also has a Helicopter Service , which can provide a rapid response to personal injury victims who have sustained serious or life-threatening injuries while at the Lake of the Ozarks.

After emergency medical care has been addressed, the Lake region has various outpatient providers who routinely treat personal injury victims including Lake Regional Orthopedics (Osage Beach), PEAK Sport & Spine (Camdenton, Eldon), American PT (Osage Beach), Active Care PT (Osage Beach), Osage Beach Rehab and Health Care Center (Osage Beach), Mid-America PT (Laurie), and Lake Regional Rehab Therapy (Laurie, Camdenton, Lake Ozark). Chiropractor care in the Lake region includes Advanced Spinal Rejuvenation (Lake Ozark), Morrow Chiropractic (Lake Ozark), Beck Wellness Center (Sunrise Beach), Lake of the Ozarks Chiropractic Center (Camdenton), ABC Wellness (Camdenton), Family Chiropractic (Osage Beach), Family Chiropractic (Osage Beach), Well Aligned Chiropractic (Osage Beach), Pike Chiropractic (Osage Beach), Real Life Chiropractic (Osage Beach), and Kinetic Chiropractic (Osage Beach).

What court will my Lake of the Ozarks personal injury claim be filed in?

In Missouri, your personal injury case will generally need to be filed in the county court where the personal injury accident took place. See RSMo. § 508.010 . As the Lake of the Ozarks is primarily composed of three different counties (Miller, Morgan, and Camden – with a small portion in Benton), your case will likely need to be filed in one of those counties. The Lake of the Ozarks is part of Missouri’s 26th Judicial Circuit , which includes Camden, Laclede, Miller, Moniteau, and Morgan Counties. Each has its own respective county court. Camden County Court is located at 1 Court Circle, Camdenton, MO. Miller County Court is located at 2001 MO-52, Tuscumbia, MO. Morgan County Court is located at 211 E Newton St, Versailles, MO 65084.

The specific county the case is filed in depends on exactly where your car accident, boat accident, motorcycle accident, or premises liability accident occurred. That means if you were involved in a boat crash while near Backwater Jacks, any lawsuit would likely need to be filed in the Circuit Court of Camden County in Camdenton, Missouri. Or if you were injured while walking up a boat dock at Coconuts At The Lake, your claim would need to be pursued in the Circuit Court of Morgan County in Versailles, MO. Or if a loved one was killed in a car accident while driving on U.S. 54 HW near Eldon, that lawsuit would need to be litigated in the Circuit Court of Miller County in Tuscumbia, Missouri. However, as each of the Lakes’ counties are under 75,000 in total population, any party can request a change of venue to another county court “as matter of right” under Rule 51.03 . If a change of county is made under Rule 51.03, typically, the case will be transferred to another county within the 26th Judicial Circuit.

A case filed at the Lake of the Ozarks may also be transferred to the U.S. the U.S. Federal Court – Western District, Central Division , if the case was originally filed in either Morgan, Miller, or Camden county, and other certain conditions are met. Typically, this transfer (formally called “removal”) is done by defendant’s counsel where the parties (plaintiffs and defendants) are from different states and the amount of money in controversy exceeds $75,000. For LOZ cases filed in Morgan, Miller, or Camden County, and removed to federal court, the case will be brought before the U.S. Federal Court – Western District, Central Division. The U.S. Federal Court – Western District, Central Division is located at the Christopher S. Bond Court House (80 Lafayette St., Jefferson City, MO 65101).

What personal injury law firms service the Lake of the Ozarks?

Tucked between the Columbia/Jefferson City market and the Springfield market – and with several small local firms located there as well – there are many options when it comes to choosing the best lawyer for your Lake of the Ozarks personal injury claim. While there are too many options to list in this article, here some key factors you should consider in finding the best Lake Ozarks’ lawyer for you:

Knowledge of Lake of the Ozarks’ courts. Local county courts are unique, each with their own judges and local rules. Having an attorney with knowledge of the Lake’s court system is key.
Experience handling boating or jet ski accident cases. These are complex claims requiring a boating accident lawyer who knows the issues surrounding liability and insurance coverage with these crashes. Check out Duckworth Injury Law’s boat and jet ski accident article here .
Location of the firm. While the firm doesn’t need to be physically located at the Lake, it should be fairly close by. A firm located in KC, STL, or out-of-state will likely lack experience at the Lake and incur unnecessary costs on your behalf traveling back and forth.
Attorney’s fees charged on your LOZ injury case (attorney fees should generally not exceed 40% of the gross recovery, and they should generally be less if your case is resolved pre-suit).
PI attorney’s role in your personal injury case (the lawyer you meet with should be the lawyer that works on your case – not an associate or paralegal).

While these are just a handful of the major factors to consider in choosing the best Lake Ozarks’ injury attorney for you, do your own research prior to making a decision. Do a quick Google search of local firms and check for qualifications, Lake dedicated service and practice areas, and results. Further, it may be helpful to ask friends, family, or co-workers for a Lake area personal injury referral if they have experience with one themself.

Lake of the Ozarks Residents & Visitors Can Trust Duckworth Injury Law to Manage Their Personal Injury or Wrongful Death Case With Determination & Care

If you’ve been involved in an injury-causing personal injury accident at the Lake of the Ozarks , you need an accident attorney who actually practices at the Lake of the Ozarks. EC Duckworth takes pride in acting as a go-to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , or dog bite lawyer at the Lake.

Duckworth Injury Law is located just an hour north of the Lake of the Ozarks. Attorney EC Duckworth has practiced law across the Lake of the Ozarks, including handling personal injury claims in Morgan County (Laurie and Versailles), Camden County (Osage Beach and Camdenton), Benton County (Cole Camp and Warsaw), and Miller County (Eldon and Tuscumbia). EC Duckworth is an avid boater himself, enjoying the Lake of the Ozarks from his family’s home on the Gravois Arm of the Lake of the Ozarks.

Duckworth Injury Law is proud to represent and stand up for victims and their families involved in serious injury and wrongful death caused by boating accidents across the Lake of the Ozarks . If you’d like to learn more about how Duckworth Injury Law can recover maximum compensation for you and your family following a boat or PWC accident , or any other injury-causing accident, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

What You Should Know About Columbia, MO Personal Injury Claims

Mon, 25 Aug 2025 21:43:58 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. The firm routinely handles personal injury cases in Boone County, including Columbia, such as car accidents, trucking accidents, motorcycle accidents, premises liability cases, and dog bite incidents.

Understand How Personal Injury Claims Are Managed in Columbia, MO & Contact Duckworth Injury Law to Pursue a Claim

Columbia, Missouri, affectionately referred to as “CoMo” by locals, is a college town situated in mid-Missouri, approximately halfway between Kansas City and St. Louis. The town is located entirely within Boone County, Missouri. As of 2025, Columbia had an estimated population of approximately 131,000 people, making it the largest city in Boone County and the 4th most populous city in the state. Columbia is also the fastest growing city in Missouri. Home to several universities and colleges, Columbia is often referred to as a college town, despite its heavy non-student population growth. These colleges include the University of Missouri , Columbia College , and Stephens College , among others.

With an ever-expanding population, and an influx of an additional 36,000 college students during the school year, it’s no surprise that there is an associated large number of personal injury claims across Columbia each year. Whether you or a loved one is involved in a car accident on Interstate 70 HW, a motorcycle accident on Stadium Blvd., or you’re injured while at a business on Broadway, it’s important to understand the unique factors particular to pursuing a Columbia, MO personal injury claim or lawsuit.

Who investigates a Columbia, MO car accident?

When a motor vehicle collision occurs within the Columbia city limits, odds are that the Columbia Police Department will be the law enforcement agency to respond to and investigate the crash. The CPD Operations/Patrol Bureau is divided into a North Patrol Bureau (based at the Molly Thomas Bowden Neighborhood Policing Center, 1204 International Dr.) and a South Patrol Division (based at 600 E. Walnut St.). The two Bureaus are organized to serve the north and south areas of Columbia, respectively. Within the Columbia Police Department is a sub-division called Community Service Aides. Community Service Aides provide support to CPD officers by responding to traffic accidents and occasionally handling minor traffic accidents on their own.

For car accidents occurring on or around the University of Missouri’s campus, the University of Missouri Police Department will likely be the responding law enforcement agency. MUPD consists of 50 commissioned officers and 8 security officers who are collectively tasked with responding to motor vehicle collisions and other events on the streets and roadways running through MU’s campus, including sororities and fraternities.

Along with CPD and MUPD, the Missouri State Highway Patrol may also respond to certain motor vehicle accidents in Columbia, particularly those that occur on Interstate 70 and U.S. Highway 63. Missouri State Highway Patrol Troop F is assigned to the area which encompasses Columbia, MO. MSHP Troop F is headquartered at P.O. Box 568, Jefferson City, MO 65102.

Finally, for crashes occurring outside of Columbia’s city limits, often the Boone County Sheriff’s Office has authority to respond and investigate the collision. The Boone County Sheriff’s Office is located at 2121 County Dr., Columbia, MO 65202.

Regardless of the specific law enforcement agency that responds to your Columbia, MO car accident, each will likely use the Missouri Uniform Crash Report to document motor vehicle collision information. All Missouri law enforcement agencies are required by law (RSMO 43.250) to complete a Missouri Uniform Traffic Crash Report if a traffic crash involves a death, personal injury, an apparent property damage of five hundred dollars or more to one person.

Who provides medical care for victims of personal injury accidents in Columbia, MO?

Along with its colleges and universities, its hospitals and medical providers are perhaps Columbia’s second most well-known industry. In Columbia, there are three major hospitals: the University of Missouri Hospital (1 Hospital Dr., Columbia, MO 65212), Boone Hospital Center (1600 E Broadway, Columbia, MO 65201), and Harry S. Truman Memorial Veterans' Hospital (VA) (800 Hospital Dr., Columbia, MO 65201). Each of these hospitals has its own respective advantages for personal injury victims, depending on the particular facts and circumstances. University Hospital’s emergency department is a Level I Trauma Center, meaning it’s capable of providing the highest level of emergency care for injured patients. University Hospital also has a Helicopter Service , which can provide a rapid response to personal injury victims who have sustained serious or life-threatening injuries. Both University Hospital and Boone Hospital Center have their own EMS/Ambulance divisions that serve the Columbia area.

Once initial injuries are triaged and stabilized, additional care can be provided at a litany of CoMo medical providers. In addition to each of the aforementioned hospitals (University, Boone, & VA), which each have their own respective inpatient and/or outpatient departments for areas such as intensive care, orthopedics, rehabilitation, pain management and more, there are many other providers to choose from.

Other medical providers that frequently treat Columbia, MO personal injury victims include Columbia Orthopaedic Group, the Missouri Orthopaedic Institute, Spine and Joint Centers of Missouri, Select Physical Therapy, Peak Sport & Spine, and Athletico PT. Chiropractors include Compass Chiropractic and Wellness, Lordex Spine, and Bowers Chiropractic, among others.

What court will my Columbia personal injury claim be filed in?

Missouri law typically requires that a personal injury case be filed in the county court where the accident occurred. See RSMo. § 508.010 . For personal injury accidents in Columbia, that means your case will need to be filed in the Circuit Court of Boone County, MO – 13th Judicial Circuit . The Boone County Courthouse is located downtown Columbia at 705 E. Walnut St., Columbia, MO 65201.

It's important to note, though, that from time to time your case will be moved to a different county court or possibly even to a federal court. For cases filed in Boone County, a party may request a “change of venue” to another county court if one of the parties can show that the inhabitants of the county are prejudiced against them or if the opposing party has “undue influence” over the inhabitants of the county. See Rule 51.04 . As Boone County has a population over 75,000, parties cannot change venues to another county court “as matter of right” under Rule 51.03.

Your case may also be transferred to the U.S. Federal Court – Western District, Central Division , if certain conditions are met. Typically, this transfer (formally called “removal”) is done by the defendant's counsel where the parties (plaintiffs and defendants) are from different states and the amount of money in controversy exceeds $75,000. For Boone County cases removed to federal court, the case will be brought before the U.S. Federal Court – Western District, Central Division. The U.S. Federal Court – Western District, Central Division is located at the Christopher S. Bond Court House (80 Lafayette St., Jefferson City, MO 65101).

What personal injury law firms serve Columbia, MO?

As Missouri’s 4th largest city, Columbia, Missouri certainly has a plethora of personal injury firms and lawyers to choose from. More so, as Columbia is in the middle of the state, many out of town firms from St. Louis, Kansas City, and Springfield heavily advertise in the area. However, just because there is a lot of quantity when it comes to personal injury lawyers in the area, that does not mean that these are all quality options to handle your case. In choosing a personal injury lawyer to handle your claim, focus on the following factors:

Check to see where the firm is located. Focus on the firm’s headquarters, rather than if they simply have a “satellite office” in Columbia
Ensure the firm focuses primarily on personal injury and wrongful death law (be careful if the firm also handles other areas of law such as family law, criminal law, or estate planning)
Look for proven results. Ask if the attorney frequently litigates or has tried a case in Boone County
Attorney’s fees charged. Attorney fees should generally not exceed 40% of the gross recovery, and they should generally be less if your case is resolved pre-suit
Your injury lawyer’s handling of your case. The lawyer you meet with should be the lawyer that works on your case – not an associate or paralegal

When choosing a personal injury lawyer in Columbia, MO, ask trusted family & friends what injury firm they would recommend

When beginning your research for the best Columbia personal injury lawyer for your case, it never hurts to start by asking friends and family for a recommendation. If they have been involved in an injury causing car accident or personal injury claim themself, and if they had a positive experience with a local firm, that is a positive sign. You can also perform research of potential firms online. Look up the firm’s qualifications, physical office location, and track record.

Contact Duckworth Injury Law for a free evaluation of your potential personal injury claim in Columbia, MO

Reach out to Duckworth Injury Law today for a free consultation on your Columbia personal injury case.

What You Should Know About Jefferson City, MO Personal Injury Claims

Mon, 18 Aug 2025 20:19:48 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC’s firm routinely handles personal injury cases in Cole County, including Jefferson City, such as car accidents, trucking accidents, motorcycle accidents, premises liability cases, and dog bite incidents.

Have You Suffered a Personal Injury in Jefferson City, MO? Follow Our Comprehensive Guide & Start Your Case With an Aggressive Attorney

Jefferson City, often called “Jeff City” by locals, is the state capital of Missouri, and is situated in the middle of the state between Kansas City and St. Louis. The majority of Jefferson City is located in Cole County; however, a small northern portion of Jefferson City stretches into Callaway County. With nearly 45,000 residents, Jefferson City ranks as Missouri’s 16th most populous city.

With a notable, and steadily growing population, increased personal injury claims across the Jeff City area are an unfortunate reality. Whether you or a loved one is involved in a car accident on U.S. 50 HW, a motorcycle accident on Dunklin Street, or you’re injured while at a business on High Street, it’s important to understand the unique factors particular to pursuing a Jefferson City, MO personal injury claim or lawsuit.

Who Investigates a Jefferson City, MO car accident?

Typically, Jefferson City motor vehicle collisions are handled by the Jefferson City Police Department . As of 2025, the JCPD consisted of 134 total employees with 91 sworn officers. The Jefferson City Police Department often responds to vehicle collisions occurring within city limits. In doing so, the reporting JCPD officer will typically prepare a “Missouri Uniform Crash Report” which contains information such as names and contact information of the parties involved, a crash diagram, probable contributing circumstances to the crash, and statements from the parties.

In addition to the JCPD, the Missouri State Highway Patrol may also respond to certain motor vehicle crashes in Jefferson City, particularly those occurring on highways such as U.S. 63, U.S. 54, and U.S. 50. For crashes occurring in Jefferson City, the Missouri State Highway Patrol Troop F is assigned to this area. MSHP Troop F is headquartered at P.O. Box 568, Jefferson City, MO 65102.

Finally, for crashes occurring outside of Jeff City’s city limits, often the Cole County Sheriff’s Department may arrive to the scene of a crash. The Cole County Sheriff’s office is located at 350 E High St., Jefferson City, MO 65101. Similar to both the JCPD and MSHP, the Cole County Sheriff’s Department uses the Missouri Uniform Crash Report to document motor vehicle collision information.

Who provides medical care for victims of personal injury accidents in, Jefferson City?

Jefferson City has two major hospitals: SSM Health St. Mary’s Hospital (2505 Mission Dr., Jefferson City, MO 65109) and Capital Region Medical Center (1125 Madison St., Jefferson City, MO 65101). Both hospitals have an emergency department and routinely handle immediate medical care for car accident victims. It should be noted, however, both these hospitals are designated Level II Trauma Centers, and as such, catastrophic injury victims will likely need to be taken to the University of Missouri Hospital’s emergency department in Columbia, MO (a Level I Trauma Center).

After immediate medical care is addressed, these hospitals also have respective inpatient and/or outpatient departments for areas such as intensive care, orthopedics, rehabilitation, pain management and more.

In addition to SSM Health and Capital Region, Jefferson City has various other medical providers that frequently treat personal injury victims including Jefferson City Medical Group, Select Physical Therapy, Peak Sport & Spine, and Athletico PT. Chiropractors include Koelling Family Chiropractic, Align Chiropractic, and Hollon Family Chiropractic.

What court will my Jefferson City personal injury claim be filed in?

While there are exceptions, typically a personal injury case must be filed in the county court where the accident occurred. See RSMo. § 508.010 . That means if your car accident occurred in Jefferson City, your case will need to be filed in the Circuit Court of Cole County (or possibly Callaway County if the crash occurred across the county line). The Cole County Circuit Court handles the vast majority of personal injury lawsuits which occur within the county. The Cole County Courthouse is located at 301 E High St., Jefferson City, MO 65102.

However, occasionally your case may be moved to either another county court or to federal court. For cases filed in Cole County, the parties may request a “change of venue” to another county court if one of the parties can show that the inhabitants of the county are prejudiced against them or if the opposing party has “undue influence” over the inhabitants of the county. See Rule 51.04 . As Cole County is over 75,000 in population, parties cannot change venue to another county court “as matter of right” under Rule 51.03.

Your case may also be transferred to the U.S. Federal Court – Western District, Central Division , if certain conditions are met. Typically, this transfer (formally called “removal”) is done by defendant’s counsel where the parties (plaintiffs and defendants) are from different states and the amount of money in controversy exceeds $75,000. The U.S. Federal Court – Western District, Central Division is located at the Christopher S. Bond Court House (80 Lafayette St., Jefferson City, MO 65101).

What personal injury law firms service Jefferson City?

Despite only being Missouri’s 16th largest city by population, there is no shortage of personal injury firms servicing Jefferson City. However, just because a firm claims to handle cases in Jefferson City, doesn’t mean they are the best fit for your particular claim. When researching a personal injury lawyer for your injury claim, look for the following factors:

Ensure the firm is truly local to mid-Missouri (rather than a KC, STL, or out-of-state firm who is simply taking cases in Jeff City);
A focus on personal injury and wrongful death law (do not hire a “generalist” or a “jack-of-all trades” lawyer);
Track record of success (check to see if the attorney has litigated cases in Cole County and check the results he/she has obtained);
Legal fees charged (fees should generally not exceed 40% of the gross recovery, and they should generally be less if your case is resolved pre-suit); and
Your lawyer’s role in the case (you want the attorney you meet with to be the actual attorney handling your case – not an associate or paralegal).

In searching for the best Jefferson City personal injury lawyer for your case, start by asking friends and family for a referral. If they have personal experience using a particular injury firm, ask them about their own experience with such firm. Next, do some internet research on your firm. Look up the firm’s qualifications, physical office location, and track record.

At Duckworth Injury Law, personal injury and wrongful death law is all our firm does. Attorney EC Duckworth grew up in Southern Boone County (just north of Jefferson City) and has built his practice to serve the communities of mid-Missouri. Duckworth Injury Law routinely handles cases in Jefferson City, and is proud to serve as Jefferson City’s go to car accident lawyer , motorcycle accident lawyer , truck accident lawyer , boat accident lawyer , slip and fall lawyer , or dog bite lawyer .

Reach out to Duckworth Injury Law today for a free consultation on your Jefferson City personal injury case.

What Happens During “Discovery” in a Personal Injury Lawsuit in Missouri?

Mon, 11 Aug 2025 19:32:36 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC’s firm is highly experienced in handling all aspects of the discovery process in civil litigation.

If Your Personal Injury Claim Isn’t Settled, Be Prepared for the Discovery Phase & Every Step Beyond With Guidance From Duckworth Injury Law, a Missouri Injury Law Firm

In a personal injury claim, if your attorney is unable to resolve your claim via settlement outside of court, a lawsuit will likely need to be filed against the at-fault party. Typically, lawsuits are filed either due to the at-fault party’s insurance company denying liability or offering too little money for settlement of your claim. In cases where a lawsuit must be filed, “discovery” is the process whereby the parties gather information from one another prior to trial.

Who determines how discovery is conducted in a personal injury lawsuit?

In Missouri, the rules and procedures surrounding the discovery process are governed by the Missouri Supreme Courts Rules of Civil Procedure . However, local county circuit courts will often supplement the Missouri Supreme Court Rules with their own “Local Rules”. For example, in Boone County, the 13th Judicial Circuit has a set of Local Rules , which include additional requirements that lawyers practicing before it must follow.

Discovery is largely conducted amongst the lawyers involved in the lawsuit without the involvement of the court. The lawyers involved are expected to adhere to the Rules of Civil Procedure and applicable Local Rules. As such, oftentimes the attorneys involved are able to complete the discovery process without ever needing to bring an issue before the assigned judge on their case.

However, from time to time, disagreements arise between the parties during the discovery process. Typically, these discovery disputes involve issues of a party failing to respond to a discovery request, failing to produce certain information or documents, failing to follow the discovery rules, or simply a disagreement between the parties about what’s “relevant.” In these situations, a party will typically file a “Motion to Compel,” in which that party asks the court to enter an order requiring the other party to produce the requested information. During the hearing for a motion to compel, a judge will listen to both sides and make a determination as to whether the information must be produced or not.

What all does a Missouri personal injury lawsuit discovery phase include?

Pursuant to Missouri’s Rules of Civil Procedure, a party is entitled to “obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action….” Rule 56.01 . As you can see, this is a fairly broad standard, permitting the parties to obtain information on a wide variety of “relevant” items. It’s important to note that, in Missouri, a party does not have to show that the information that they are requesting will result in the production of admissible evidence, only that the information that they are requesting is “ reasonably calculated to lead to the discovery of admissible evidence .” Rule 56.01 .

In personal injury cases, the most common forms of discovery are interrogatories, requests for production of documents, requests for inspection, requests for admission, and depositions.

Interrogatories – Interrogatories are written questions submitted by one party that are to be answered under oath by the other party. Interrogatories are commonly issued at the beginning of the discovery process and are used to obtain background information on a party, general information relating to the claim, and other specific questions tailored to the claim at issue. In Missouri, interrogatories are governed by Rule 57.01 . Missouri requires interrogatories to not exceed 25 total questions (without permission from the court for more) and requires the responding party to provide answers within 30 days after service.
Requests for Production of Documents – Requests for Production of Documents (“RFPs”) are written requests submitted by one party for the other party to produce certain documents relating to the claim at issue. Common RFPs include requests for the insurance policies at issue, photos of the scene/vehicles, photos of injuries, medical records/bills, crash reports/incident reports, recorded statements, and more. RFPs are governed by Rule 58.01 .
Requests for Inspection – Also governed by Rule 58.01 , requests for inspection are a formal request for entry upon land or property in the possession or control of the other party. These inspections involve measuring, surveying, photographing, testing, or sampling the property or land at issue.
Requests for Admission – As the name implies, requests for admission (“RFAs”) involve one party asking the other party to admit to certain facts relating to the claim at issue. RFAs can be useful in narrowing the disputed issues and for locking a party into a set version of facts. Later in the case, RFAs can be used in depositions, at trial, or for purposes of establishing summary judgment. The specifics for issuing and responding to RFAs can be found in Rule 59.01 .
Depositions – Perhaps the greatest tool in the “discovery toolbelt,” depositions involve the live questioning of a party or witness under oath as to information they possess relating to the claim at issue. Depositions take place outside of court and are typically done in-person before a court reporter (and often a videographer). Rule 57.03 governs depositions upon oral examination in Missouri. Parties are limited to 10 depositions each (without leave of court, with no deposition lasting longer than one seven-hour day). Typically, the party/witness testifying must answer a question asked during a deposition, although the opposing attorney will have the opportunity to assert objections prior to the response being provided. Prior to trial, the judge will rule on the objections made during the deposition and determine what testimony may be read to the jury and/or played to the jury. Missouri depositions can generally be used for any purpose at trial.

What limitations are there on discovery in Missouri?

As set forth above, each of the specific discovery methods has certain restrictions which are outlined in the Missouri rule specific to that discovery method. However, there are some general limitations for all these forms of discovery as well. First, the discovery sought should not be “cumulative, duplicative or can be obtained from some other source that is more convenient, less burdensome, or less expensive.” Rule 56.01 . In other words, Missouri’s discovery rules seek to prevent discovery being used as a weapon in an attempt to bog down another party with a litany of duplicative requests. Similarly, the court may limit discovery where “the party seeking discovery has had ample opportunity to obtain the information by discovery in the action.” Rule 56.01 . This rule prevents a party from attempting to delay the litigation/delay trial by continuing to submit discovery requests after they have had a reasonable time to conduct discovery. And finally, third, the court may limit discovery if the scope is outside of that permitted under Rule 56.01 . This is a broad limitation on discovery, essentially allowing the court to limit discovery where the court believes a discovery request seeks irrelevant information.

How long does discovery take to complete?

The length of discovery directly correlates with the complexity of the personal injury case. In other words, a simple rear-end collision with limited injuries may take only a few months to fully conduct discovery, while a complex wrongful death case may take multiple years to fully conduct discovery. While each of the discovery methods has set timelines for when responses must be made, oftentimes complicated cases will involve multiple rounds of each of these discovery methods. For example, it’s not uncommon to send two, three, or even four sets of RFPs to a party as the case progresses and as new information is discovered. Likewise, a catastrophic injury case may involve dozens of depositions involving fact witnesses, liability experts (accident reconstructionists, engineers), and damages experts (doctors, life care planners, economists). However, after a lawsuit is filed, the trial judge will often issue a “scheduling order,” which outlines specific dates different stages of discovery must be completed by.

Personal Injury Attorney, EC Duckworth, Fights for His Clients in Missouri Through Every Phase of a Personal Injury Lawsuit

While the discovery process may sound intimidating, it should be second nature for a personal injury lawyer with experience litigating cases. At Duckworth Injury Law, attorney EC Duckworth has litigated hundreds of personal injury cases and is highly versed in Missouri’s discovery rules and procedures.

Whether your case involves a motorcycle collision on HW 50 in Sedalia, a truck crash on HW 54 in Osage Beach , or a car accident on HW 24 in Moberly, EC will guide your case smoothly through the discovery process and towards a successful resolution. Pettis County, Camden County, Randolph County, or any of our other mid-Missouri counties - he has practiced in these venues, spent time in these towns, and understands the courts’ local rules across these circuits.

Reach out to Duckworth Injury Law today for a free consultation on your case, including what your case’s discovery process may entail.

How Much Money Do I Need to Hire a Personal Injury Lawyer In Missouri? – Attorney-Client Contingency Fee Agreements Explained

Mon, 04 Aug 2025 21:58:23 GMT

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC’s firm handles cases for his clients almost exclusively on contingency fee agreements.

Learn About Attorney-Client Contingency Fee Agreements Before Scheduling a Consultation With Duckworth Injury Law

Hiring a local and experienced personal injury attorney after your car , truck , motorcycle , or boat accident in mid-Missouri is crucial to protect your legal rights and to obtain full and fair compensation for your damages. But what happens if you are seriously injured, or a loved one is killed, in an accident and you do not have money available to hire a lawyer?

What is a contingency fee in Missouri personal injury law?

In Missouri, personal injury attorneys are permitted to work on cases under a contingency fee agreement. A contingency fee agreement means you only have to pay your attorney at the conclusion of the representation and only if the case results in a financial recovery for you. Simply put, injury victims do not need to pay any money out of pocket to hire a personal injury lawyer in Missouri.

Contingency fee agreements provide a huge benefit to accident victims across the state as they allow nearly all Missourians equal access to the civil court system. As long as a personal injury lawyer is willing to represent you and take on your case, there is typically no financial risk in pursuing your claim. Unlike most other areas of law where attorney’s work on an hourly fee basis, contingency agreements are primarily used in plaintiff-sided tort cases, such as personal injury claims (car accidents, premises liability, etc.) and mass tort (class actions). These agreements provide incentive for your lawyer to pursue your case efficiently, and not drag their feet, as they do not get paid until the resolution of your case. Attorney’s fees under a contingency fee contract are almost always a set percentage of the gross recovery. This further aligns the interests of the lawyer and client, as both parties have a financial interest in maximizing your recovery.

What do I need to know about the rules associated with a contingency fee in a Missouri personal injury case?

There are specific rules governing attorney-client contingency fee agreements in Missouri, however. Pursuant to the Missouri Supreme Court Rules ( Rule 4-1.5 ), a contingency fee agreement must be: (1) in writing; (2) signed by the client; (3) state the method by which the fee is determined, including her percentage of the fee; and (4) be clear as to how expenses are deducted in calculating fees and whether the client is responsible for fees if the claim is unsuccessful. Under Missouri law, a contingency fee agreement cannot be made in most domestic relations cases (divorce, alimony, support) or for representation of a criminal defendant.

Although there is no set cap for the attorney’s fee percentage under a contingency fee agreement, Missouri law does require that the fee be “reasonable”. With regard to attorney’s fees for personal injury cases, most lawyers work on a sliding fee basis somewhere between 25% - 40% (with 33 1/3% being the most common percentage fee on a personal injury case settled pre-suit). A typical sliding fee on a personal injury case includes a lower percentage fee if the case is resolved prior to litigation (i.e., prior to the filing of a lawsuit) and a higher percentage fee if the case settles after the suit is filed (note – some sliding fee agreements also include an even higher percentage fee if the case is appealed).

While today, nearly all plaintiff personal injury lawyers in Missouri work under some form of contingency fee contract with their clients, it’s important to know that these contracts are not all the same. Therefore, it’s important that you read your lawyer’s proposed attorney-client agreement prior to signing it , and that you ask questions regarding any terms you do not understand. From contract to contract you will often find subtle differences with regards to the attorney’s fee percentage, how the attorney’s fee percentage is calculated (before or after case expenses are withdrawn), what the sliding scale includes on the attorney’s fee percentage (and what event triggers an increase), as well as whether you are still responsible for reimbursing your attorney for case expenses if you lose your case. While these differences can appear trivial at the outset of your case, they can make a large difference in your net recovery at the conclusion of your case.

Our Personal Injury Attorney Will Accommodate Your Needs When Filing a Claim in Missouri.

If you find yourself in need of a personal injury attorney in Columbia , Jefferson City , Moberly, Mexico, Sedalia, Fulton, the Lake of the Ozarks , or another mid-Missouri town, our firm would be honored to assist you. Duckworth Injury Law works almost exclusively pursuant to contingency fee agreements, so you do not owe us anything until our attorney wins your case. Our fees are in-line with, and often below, many of the personal injury firms across mid-Missouri.

Even if you are not sure whether you want to hire a lawyer for your accident claim or not, our attorney is always happy to discuss your options with you at no charge. Call, message, or email us today to see if we can help .

What to Do After a Semi-Truck Crash on I-70 in Columbia, MO?

Fri, 01 Aug 2025 14:46:09 GMT

About the Author

EC Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely handles trucking cases across mid-Missouri.

Truck Accidents Can Be Fatal to Victims in Columbia, MO. Know What to Do in an Emergency & Contact Duckworth Injury Law

In Columbia, Missouri, Interstate 70 (“I-70”) runs through the northern portion of the city horizontally from west to east/east to west. When approaching Columbia from the west (from Kansas City), I-70 drops from a speed limit of 70 MPH to 60 MPH after entering city limits – just prior to Exit 124. When approaching Columbia from the east (from St. Louis), the speed limit similarly drops from 70 MPH to 60 MPH just after Exit 131. On a daily basis, it’s estimated that approximately 50,000 vehicles pass through Columbia on I-70. As I-70 ranks among the nation’s leading freight corridors, a large portion of this traffic includes commercial trucks passing through Columbia each day.

This combination of a high volume of semi-trucks passing through Columbia, combined with a speed limit shift in the stretch of roadway through city limits, and the seemingly evergreen highway construction in the area, leads to far too many serious injury-causing truck accidents in our community each year. If you or a loved one is involved in a semi-truck collision on I-70, you need a truck accident lawyer on your team who understands how to handle commercial truck crashes .

Simply put, truck collisions involving semi-trucks, tractor-trailers, dump trucks, box trucks, delivery trucks, and other commercial trucks are not the same as a traditional car accident. A fully loaded semi-truck can weigh up to 80,000 pounds on U.S. Highways such as I-70, per the Federal Highway Administration . As such, a collision that may have otherwise resulted in only minor property damage if caused by a passenger car can have devastating effects, such as severe injury or death, when caused by a commercial semi-truck. While Columbia residents likely can’t simply avoid traveling on I-70 altogether, you should understand some of the key dos and don’ts if you find yourself involved in an injury-causing truck accident.

DO – Seek Immediate Medical Attention

Immediately after a semi-truck crash, your number one priority should be ensuring the physical safety of you and your passengers. Call 911, request EMS services, and accept transport to a local emergency department such as the University of Missouri Hospital or Boone Hospital Center. Even if you are not experiencing pain immediately (injuries are often masked by shock and adrenaline in the moments after a crash), it’s in your best interest to be evaluated by a medical professional.

DON’T – Try to Move a Passenger Who Appears to Have Sustained a Spinal Injury

If you suspect a passenger in your vehicle has sustained injury to their spine, do not try to move that person. Symptoms of spinal injuries include complaints of severe pain in the neck or back, complaints of weakness, numbness, inability to move limbs, or noticeable twisting of the body. Attempting to move a person who has experienced a spinal injury may result in further harm, such as paralysis or increased complications.

DO – Move Off the Roadway and Away from Oncoming Traffic

If your vehicle is operational, move the vehicle off the roadway and onto the shoulder of the interstate. If your vehicle is not operational, and your passengers are physically able to do so (and no spinal injury is suspected), exit the vehicle and move off the roadway into a safe location. The moments after a collision on I-70 are extremely dangerous, as other traffic may fail to see your collision and/or stalled vehicle, potentially resulting in additional collisions.

DON’T – Give a Statement to the Trucking Company or Its Insurance Company

With so many truck crashes across the U.S. each day, trucking companies and their insurance companies are extremely versed when it comes to responding to these crashes. When responding to these crashes, trucking companies and their insurance companies have one goal in mind – minimizing their financial liability. As such, they will often send investigators and attorneys directly to the scene to collect evidence, including party statements if possible. These trucking representatives are often looking to gather admissions from you, which will later be used against you in your civil claim.

DO – Contact an Experienced Local Truck Accident Lawyer as Soon as Possible

As mentioned above, the trucking company will waste no time building their defense to any potential claims against it. It’s important that you do not give them too far of a head start in doing so. A knowledgeable truck accident attorney will want to begin gathering crucial evidence relating to your case as soon as possible. Some of this evidence becomes very difficult to gather, or occasionally impossible to gather, after too much time elapses. Key evidence your semi-truck lawyer should be collecting includes witness statements, scene photos, vehicles photos, “black box” downloads, GPS/position monitoring data on the semi-truck, dashcam video, accident reports, driver logbooks and hours of service, the driver qualification file, maintenance records on the truck, truck inspection reports, dispatch communication, and the truck driver’s cellphone records, among other evidence.

DON’T – Hire a General Practitioner or a Personal Injury Attorney with No Truck Accident Experience

While many attorneys claim to handle truck accident cases, very few have the experience and knowledge to successfully do so. Trucking cases can be extremely complicated, and many lawyers simply don’t know what they don’t know when it comes to handling them. From the evidence gathered, to the experts needed, to the financial commitment these cases take, a trucking case should be handled uniquely from other personal injury cases.

DO – Attend All Scheduled Medical Appointments

Once your case is in the hands of a qualified truck accident lawyer, your primary focus should be on your physical, emotional, and mental recovery. This includes attending all doctor’s appointments, physical therapy/occupational therapy sessions, and mental health consultations. Not only does doing so help increase the speed and likelihood of a full recovery, but it also helps establish the evidence needed to prove your damages in your case. A large component of the value of your truck accident claim is what your diagnosed injuries are, what treatment you required, and how much your treatment costs. Failing to attend scheduled appointments not only hurts your physical recovery, but it also hurts your ultimate financial recovery.

DON’T – Post About the Accident on Social Media

For many of us, social media is a large part of our lives and a way to stay connected with our friends and family. As such, it’s tempting for victims of truck accidents to want to give status updates to their social media followers regarding the accident and medical treatment. However, doing so is often detrimental to their case, as these posts can easily be taken out of context or used against the injured party. For example, a simple post saying, “I’m okay” can be argued to mean you didn’t suffer any injuries in the crash – when in reality, you likely meant “all things considered, I’m lucky to be alive.” As such, it’s best to avoid posting about the accident altogether until your case is resolved.

DO – Ask Questions and Stay Involved in Your Case

A serious injury or wrongful death case involving a semi-truck can often take multiple years to come to a complete resolution. That’s because these cases often involve injuries that take a very long time to heal, and because trucking companies fight tooth and nail to avoid paying fair compensation. During this time, don’t hesitate to ask your attorney for updates, discuss the game plan for your case, and ask for timelines and expected outcomes. Remember, as the client, your attorney should be working for you, not the other way around.

Reach Out & Build Your Case With Mid-Missouri’s Truck Accident Attorney, Duckworth Injury Law

Trucking collisions in mid-Missouri are an unfortunate reality of our community. If you happen to be involved on the wrong side of one of these accidents on I-70, U.S. 63, U.S. 54, or anywhere else across the region, you need a local truck accident lawyer with the knowledge and know-how to stand up to powerful trucking companies.

At Duckworth Injury Law, trucking lawyer EC Duckworth has handled numerous cases involving commercial trucks and has recovered millions for his injured clients. He is happy to meet you at our office in Columbia, at your home, or anywhere else most convenient for you. Call today for a free, no-obligation case review.

What You Should Know About Missouri’s Dog Bite Liability Laws

Tue, 22 Jul 2025 14:05:30 GMT

About the Author

EC Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered.

Learn How to Navigate Dog Bite Claims in Missouri With a Personal Injury Attorney Like Duckworth Injury Law

While dogs are often referred to as “man’s best friend”, the unfortunate reality is that dogs are still animals and are prone to unpredictable actions, including biting humans from time to time. According to the Centers for Disease Control and Prevention , dog bites account for the 8th leading cause of non-fatal injury for children under the age of 15. With regard to Missouri in particular, a 2010-2015 study showed that the rate of dog bite-related emergency room visits for a sample of Missouri communities was 101 visits per 100,000 residents. Boys aged 5 to 9 are at the highest risk for a dog bite-related injury resulting in an emergency room visit. With so many dog bites across the United States, including Missouri, every year resulting in thousands of injured bite victims, it’s important to understand your legal rights if you or a loved one is involved in a dog bite incident.

In Missouri, the Owner or Possessor of a Dog Can Be Held Liable for the Harm Their Pet Causes to Another Under Theories of Strict Liability or Negligence

Missouri’s strict liability dog bite law

“Strict liability” means that the owner or possessor of a dog is liable for the actions of his/her dog, even if the owner was not negligent in causing or did not intend to cause the harm. In other words, strict liability allows an injured victim to recover damages without having to prove fault. This makes recovery for dog bite victims far simpler, as they must only prove they were injured as a result of the bite. Missouri’s strict liability dog bite law is codified by RSMo. § 273.036 . This statute states:

The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.
Any person who is held liable under the provisions of subsection 1 of this section shall pay a fine not exceeding one thousand dollars. The remedies provided by this section are in addition to and cumulative with any other remedy provided by statute or common law.

While Missouri’s strict liability dog bite law is a powerful tool for plaintiffs pursuing a personal injury claim, it’s not without its limitations. As mentioned in the above statute, a dog must bite “without provocation”. If it’s determined that the plaintiff/injured victim provoked the dog (e.g., hit the dog, grabbed the dog, etc.), the plaintiff’s damages (e.g., medical bills, pain and suffering, etc.) will be reduced in proportion to the allocation of fault attributable to the plaintiff in provoking the dog. The dog bite victim must also be on “public property, or lawfully on private property”. This means if you are bitten by a dog while trespassing on another’s property, this strict liability statute will likely not apply.

Missouri’s negligence liability dog bite law

In addition to Missouri’s strict liability dog bite law, dog owners and possessors can also be held liable for the harm their dog causes to another person under Missouri’s negligence law. To prevail on a dog bite claim based upon the theory of negligence, a plaintiff/injured victim must establish four elements: (1) duty, (2) breach of duty, (3) causation, and (4) damages. In the context of a dog bite incident, “duty” refers to showing that the dog owner was required to exercise a standard of care to avoid a foreseeable injury. “Breach of duty” requires showing the dog owner failed to adhere to such a standard of care. “Causation” requires showing that the plaintiff’s injury resulted from the dog bite. And finally, the element of “damages” requires showing that the plaintiff was, in fact, harmed as a result of the dog bite incident. While all these elements must be proven to prevail on a dog bite negligence claim, the crux of a dog bite negligence claim typically turns on the owner’s knowledge of the dog’s propensity to bite or be violent. As such, factors such as prior bites, prior aggression (e.g., growling or snarling), and what the owner did/did not do to prevent the dog bite are important to evaluate in a dog bite negligence claim.

Oftentimes, both strict liability and negligence apply to a dog bite victim’s claim. While a plaintiff will not be able to recover duplicative damages under both theories of liability, Missouri law allows a plaintiff to plead both theories at the outset of their case.

Other things to know about Missouri’s dog bite laws before filing a claim

Like most other personal injury claims, dog bite cases typically have a 5-year statute of limitations . This means you must either resolve your dog bite claim or file a lawsuit within five years of the dog bite incident. There are exceptions to this general statute of limitations, however, including when the dog bite victim is a minor or if the dog bite results in death to the victim.

With regard to compensable damages in a Missouri dog bite claim, victims are permitted to recover for related medical bills, lost wages, scarring, disfigurement, pain and suffering, and emotional trauma, among other damages.

However, perhaps the biggest obstacle in dog bite cases is determining where the money will come from to satisfy an injured victim’s damages. While the dog owner or possessor will ultimately be responsible for paying these damages, the dog owner or possessor must have the money or assets to do so. As such, determining whether there is applicable liability insurance coverage for the defendant dog owner is an important component of most dog bite cases. Homeowner’s insurance policies and renter’s insurance policies held by the dog owner are traditionally the most likely insurance to cover a defendant dog owner’s liability.

Pursuing Compensation After a Vicious Dog Attack in Mid-MO? Consult Duckworth Injury Law Today

If you or a loved one has been victim to a dog bite attack in mid-Missouri, you need an experienced dog bite lawyer on your team. At Duckworth Injury Law, our attorney understands Missouri’s dog bite laws and has helped to recover hundreds of thousands of dollars for dog bite victims across Missouri. Whether your dog bite claim occurred in Columbia , Jefferson City , the Lake of the Ozarks , or another mid-Missouri community, our firm is here ready to fight for you.

Protect yourself and your family following an injury-causing dog bite incident, and contact Duckworth Injury Law today for a free case evaluation and consultation.

Who Pays for My Medical Bills After a Car Accident in Missouri?

Mon, 14 Jul 2025 20:24:25 GMT

Victims of Missouri Car Accidents Can Face Mountains of Medical Bills. Trust Duckworth Injury Law to Help Recover Damages to Pay Your Medical Costs After a Car Accident

If you’ve been injured in a car accident in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere in mid-Missouri, you’ve likely needed medical treatment. Additionally, you have likely started to accumulate medical bills. The costs of medical treatment can be significant, with the Agency for Healthcare Research and Quality showing aggregate emergency department costs across the United States totaling $80.3 billion dollars in 2021 alone. According to United HealthCare , the median cost for a trip to the emergency room is $1,700. With the costs of medical treatment so high across the United States, including in mid-Missouri, you’re likely wondering who is responsible for paying your medical bills after a car accident and how such bills will be paid. Duckworth Injury Law is here to help you understand how to handle medical bills, especially after a car crash in Missouri.

If You Were Injured in a Mid-Missouri Car Accident, the At-Fault Driver Is Ultimately Responsible to Pay for Your Damages

The at-fault party may be held responsible for covering all past and future medical bills that were directly caused by, or contributed to, the car accident in question. If there is a dispute as to what injuries and resulting medical bills are attributable to the crash, a jury or judge will eventually be required to make that determination. While the at-fault party is responsible for paying your medical bills, the at-fault party’s auto insurance company (if the at-fault party is insured) will be responsible for satisfying any settlement or judgment on behalf of their insured (i.e., the at-fault driver), up to their insured’s bodily injury liability policy limits ( Missouri requires drivers to maintain a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage).

Be prepared to pay medical expenses upfront, as personal injury cases in Missouri can sometimes take a considerable amount of time to reach a resolution

It's important to note, however, that personal injury claims often take several months (and occasionally multiple years) to fully resolve. Typically, the at-fault party and/or his insurance company will not pay for your medical bills as they accrue, but will reimburse you for all medical bills at the conclusion of your case through one settlement payment. As such, it’s important that your medical bills are processed correctly during the time your case is pending.

If you have health insurance, we often recommend submitting all medical bills to your health insurance for prompt payment. Your health insurance carrier will typically have contracts with the medical providers that cap the amount that must be paid to satisfy a charge. For example, while the average ER cost is $1,700, the industry standard for contractual adjustments is around 60-70%, resulting in actual payment for satisfaction of your ER bill of approximately $595. While you may have to reimburse your health insurance carrier for claim-related payments (this is known as subrogation) from your settlement proceeds with the at-fault party, you are still receiving the benefit of your health insurance company’s contractual adjustment on your bills, which may result in a higher net recovery for you.

If you don’t have health insurance, Duckworth Injury Law can help you manage your medical bills from a car accident until your damages are accessible

If you do not have health insurance, we will typically attempt to establish “liens” on your outstanding medical bills. A medical lien essentially puts your outstanding medical bills on hold but later requires you to pay the bills from your settlement proceeds obtained from the at-fault party. While you will not receive the benefit of contractual adjustments reducing the amounts owed on your bills (as you would if you submitted the bills to health insurance) Missouri law does restrict the amount of your settlement, which has to be paid to satisfy medical liens.

Pursuant to RSMo. § 430.230 , the total amount of all liens asserted on your case is not allowed to exceed 50% of your total recovery after payment of associated attorney’s fees and case expenses. In other words, if your total medical bills exceed 50% of your net recovery (after attorney’s fees and expenses) your medical bills will be reduced to 50% of your net recovery. For instance, if your total settlement is for $25,000, and you have $8,333.33 in attorney’s fees, $666.67 in case expenses, and $50,000 in medical bills – your medical providers will be required to accept just $8,000 for full satisfaction of your bills (net proceeds after fees and expenses are $16,000 and medical liens cannot exceed 50% of net recovery, equaling $8,000 in medical lien payments).

Consult with a car crash lawyer like Duckworth Injury Law to better understand how to cover your medical bills after a Missouri car accident

Every personal injury case is unique, so it’s important to consult with an experienced personal injury attorney to determine how your medical bills should be handled for your particular case. Factors to consider in determining how medical bills should be processed include:

Whether you have health insurance
The extent of your past and future medical bills
The bodily injury policy limits of the at-fault party
Whether your medical providers will agree to assert a medical lien
The expected duration of your personal injury claim

Along with bodily injury liability coverage from the at-fault party, your attorney should also examine applicable coverages on your own auto policy which can potentially be used to satisfy your medical bills. These coverages include Medical Payments Coverage (optional coverage in Missouri which covers out-of-pocket medical expenses/outstanding bills), Uninsured Motorist Coverage (required coverage in Missouri which “steps into the shoes” of the at-fault party if the at-fault party is uninsured) and Underinsured Motorist Coverage (optional coverage in Missouri that covers damages which exceed the at-fault party’s liability limits).

Car accident attorney EC Duckworth is here to help victims of Missouri car accidents recover damages to cover their medical bills

Whether your personal injury claim involves a car accident on U.S. 63 in Ashland, MO, a truck accident on I-70 in Boonville, MO, or a motorcycle accident on U.S. 54, in Fulton, MO, our firm’s car accident , truck accident , and motorcycle accident attorney is here for you. Having handled hundreds of personal injury claims across Missouri, attorney EC Duckworth is experienced with handling medical bills and ensuring they are processed in a way most advantageous to you.

Don’t let mounting medical bills after a car accident cripple your financial future, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

When Should I Contact a Lawyer After a Personal Injury Accident in Missouri?

Tue, 08 Jul 2025 21:38:13 GMT

Duckworth Injury Law Is a Fast-Acting Personal Injury Law Firm Ready to Help You File a Claim After an Accident

If you have recently been involved in an injury causing accident such as a car accident , truck accident , motorcycle accident , or boating accident , you’re likely wondering when the right time is to contact an attorney. The truth is, the earlier an accident attorney can get involved in your case, the better and the more efficient outcome your accident lawyer can typically deliver for you.

However, we also understand that retaining an attorney may not be the first thing on your mind following a serious injury accident – and rightfully so. First and foremost, you need to focus on your physical wellbeing after a crash, including obtaining emergency medical care if necessary. Next, and only if you’re physically able to do so, you should attempt to preserve any physical evidence relating to the accident. This includes photographing the scene of the accident as well as any property damage (e.g., vehicle damage), documenting names of parties and witnesses involved, and obtaining insurance information from the at-fault party.

Contact a personal injury attorney in Missouri as soon as you are able after an accident

At this point, and certainly prior to giving a statement to any insurance company (including your own), you should contact an experienced personal injury attorney for guidance on how to proceed. A knowledgeable injury attorney will be able to advise you on what information (if any) may be shared with the insurance company(s), how medical bills should be handled moving forward, where you can obtain further medical treatment if needed, and how the property damage claim will proceed, among any other questions and concerns you may have.

The risks of waiting to hire a personal injury lawyer for several weeks or months following an accident are many

For one, evidence is often more difficult to preserve and/or obtain the more time that passes after an accident. Vehicles are disposed of, witnesses’ memories fade, and electronic data may be destroyed. Your attorney will want to quickly send “preservation letters” to the applicable parties, advising them that they should not delete or alter any relevant photos, videos, documents, or other evidence relating to your accident. Your accident attorney will also want to begin collecting evidence, including things like vehicle “black box” downloads, scene inspections, and witness statements.

Second, the insurance company for the at-fault party will likely attempt to contact you in the days following a crash and will request a statement regarding how the crash occurred and your resulting injuries. Oftentimes, the insurance company will ask leading questions in an effort to get you to admit to certain things or will frame questions in a confusing or ambiguous manner to see how you respond. These recorded statements are often used against you in your injury claim and/or case. Once you hire an accident lawyer, the insurance company will only be permitted to communicate through your lawyer, ensuring that no inadvertent statements are made by you.

Third, medical bills are often improperly handled by hospitals and/or health insurance companies after an accident. In an effort to obtain a higher payment on your medical bills, hospitals will often forgo sending your bills to health insurance and will instead attempt to assert a lien on your injury claim. An experienced personal injury attorney will monitor how your bills are being handled and will step in if necessary to ensure your bills are processed correctly.

Fourth, the at-fault party’s insurance company may make you a settlement offer quickly after your accident claim (and prior to you obtaining counsel). Unrepresented parties often attempt to handle the claim on their own and enter into settlement negotiations with the at-fault party’s insurance company prematurely and without knowledge of their claim’s value. Oftentimes, unrepresented parties will make a counteroffer to the insurance company’s initial offer, which is usually far less than the true value of their claim. This can create an “anchor” effect in later settlement demands, making it more difficult for your personal injury attorney to obtain a higher figure than your previously demanded number.

And finally, your claim will be governed by a statute of limitations, which will require your case to be filed with the appropriate court within a set period of time. If not filed properly within the applicable statute of limitations, your claim may be forever barred. In Missouri, most tort claims (such as negligence in causing a car accident) typically have a 5-year statute of limitations , while wrongful death claims (such as a loved one killed by a negligent boat operator) typically have just a 3-year statute of limitations . However, there are many exceptions to these general timeframes, with certain claims having far shorter or longer filing periods. As such, it’s important that a personal injury attorney reviews the facts particular to your case to determine your applicable statute of limitations.

When You Are Well Enough to Start Seeking Compensation for Your Personal Injury Causing Accident in Missouri, Duckworth Injury Law Is Ready to Fight

In summary, once your physical injuries have been stabilized, it is usually in your best interest to contact a personal injury lawyer as soon as possible after your accident. At Duckworth Injury Law, we prefer to meet with our clients as soon as possible after a car accident , truck accident , motorcycle accident , or boating accident . Not only does it allow Attorney EC Duckworth a chance to answer any questions you may have and hopefully reduce your stress level following an accident, it also allows him the chance to start digging into your case right away (preserving/gathering evidence, establishing liability, etc.). We understand that your injuries may prevent you from traveling to our office in Columbia, Missouri right away after your crash, and as such, Attorney Duckworth is happy to travel to your location to meet in person.

Whether your accident involves a car crash in Columbia, MO , a trucking accident outside Jefferson City, MO , or a boating collision at the Lake of the Ozarks , MO, or anywhere else across mid-Missouri, EC Duckworth will make it his priority to be there for you in your time of need (whether that means meeting you at your home, the hospital, a local coffee shop, or meeting you at our office). As such, don’t delay in reaching out to our firm following your injury causing accident – contact Duckworth Injury Law today.

What You Should Know About Boat Accident & Jet Ski Accident Personal Injury Claims at the Lake of the Ozarks

Tue, 01 Jul 2025 19:13:33 GMT

Duckworth Injury Law is The Lake of the Ozarks, MO’s Boating & Personal Watercraft Injury Attorney

As we previously discussed in our article “ I Was Injured in a Boating Accident at the Lake of the Ozarks – Do I File a Personal Injury Claim at the Lake or Back at Home? ” – the Lake of the Ozarks often ranks as one of the most dangerous lakes in the United States. In the U.S. Coast Guard’s most recent data , they recorded 61 boating accidents, which resulted in 56 injured persons and one death at the Lake of the Ozarks in 2023. In 2022 , the Lake of the Ozarks recorded crashes involving 39 injured persons and four deaths.

A Day of Fun at the Lake of the Ozarks Can Easily Result in Serious Injuries or Death, but You Can Take Action With Duckworth Injury Law

Common boating & PWC injury causing accidents at the Lake of the Ozarks

Recently (in summer 2024), the Lake of the Ozarks had boating accidents ranging from a powerboat that crashed into the shoreline , to a boat fire , to a boating hit-and-run out on the Lake. While these are just a few examples of recent boat accidents at the Lake of the Ozarks, common boating and personal watercraft (“PWC”, e.g. Jet Kkis, Sea-Doo, WaveRunner) injury-causing accidents include the following scenarios:

Boats & PWCs hitting large waves, causing occupants to strike the interior of the vessel or be thrown from the vessel into the water
Boats & PWCs striking a fixed object in the Lake, such as a buoy, rock formation, or tree stump
Boats & PWCs running into shore
Boats & PWCs colliding with another vessel on the water
Swimmers being struck by a boat, a boat propeller, or PWC
Occupants of boats & PWC’s injured while docking
Boat fires & explosions, often due to explosive fuel vapor build-up in the engine compartment
Inadvertent acceleration of a boat or PWC, often due to an occupant inadvertently contacting the vessel’s throttle control
Operating a boat or PWC while under the influence of drugs or alcohol

Missouri has specific laws regarding the operation of a boat or PWC at the Lake of the Ozarks

Oftentimes, these boating and PWC accidents at the Lake of the Ozarks are the result of inexperienced drivers, drug or alcohol impairment, or a failure to adhere to Missouri’s boating laws. While the full list of Missouri’s boating laws and regulations is beyond the scope of this article, below is a highlight of some of the more notable boating laws – and those laws that often come into play with boating accidents involving serious injury or death.

To legally operate a boat or PWC on any lake in Missouri, including the Lake of the Ozarks, an operator born after January 1, 1984 , must either have a Missouri boating safety identification card OR a Missouri Driver’s license with a boating safety endorsement (to receive this endorsement, you must present a boating safety identification card). It’s important to note, this requirement applies to both Missouri residents and to non-residents alike. To obtain a boating safety card, a person must successfully complete Missouri’s boating safety course approved by the Missouri State Highway Patrol. All boat and PWC operators must be at least 14 years old, unless the operator is under the direct, on-board supervision of an individual who is 16 years old or older.

All vessels must have a USCG-approved life jacket/personal flotation device on board and available for every occupant. Occupants under 7 years old must wear that life jacket at all times while on board a boat, while all occupants of PWCs must wear a life jacket (regardless of age). Boats and PWCs are also required to have certain navigation lights depending on the size/type of the vessel. When a boat has a swimmer, skier down, or otherwise has someone in the water, a red or bright orange flag must be displayed (the flag does not need to be displayed while a skier or tuber is being towed).

With regard to the operation of a boat or PWC, drivers must operate the vessel “in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life of limb or any person and shall exercise the highest degree of care.” See RSMo. § 306.125 . During nighttime hours (half-hour after sunset until an hour before sunrise), boats and PWCs cannot exceed thirty miles per hour . There is generally no posted speed limit for daylight hours. However, boats and PWCs should not exceed “idle speed” or “no wake” speeds when indicated by markers/buoys or when within 100 feet of a dock. Finally, it is illegal to operate a boat or PWC under the influence of drugs or alcohol ( Missouri’s BAC limit for boaters is 0.08% ).

Understand personal injury liability for boat & PWC accidents at the Lake of the Ozarks

If you or a loved one is injured or killed in a boating or PWC accident at the Lake of the Ozarks, you may have a personal injury claim or wrongful death claim in which you are entitled for compensation for your damages. However, establishing liability and proving the full extent of your damages is often a battle. The first step in establishing liability in a boating or PWC accident is assessing the facts to determine who the potential defendants are – in other words, determining who is responsible for causing your injuries and by what legal theory(s). The following are common defendants in boating and PWC claims:

The boat or PWC driver – Often, the most obvious defendant in a boating or PWC accident claim is the driver/operator of the vessel. The driver is responsible for safe operation of the vessel and for complying with Missouri’s boating laws. If the boat or PWC driver fails to operate the vessel at “the highest degree of care”, resulting in injury to you, the driver can be held liable under Missouri’s negligence law. Common examples of a negligence claim against a driver include a boat driver backing into a swimmer, a PWC driver hitting another boat and injuring a passenger, or a boat driver striking a fixed object and injuring occupants in the boat.
The boat or PWC owner – After assessing the liability of the boat driver, the liability of the boat owner should also be considered. If the boat owner knows the driver of the boat or PWC is inexperienced, unlicensed, has a history of boating accidents, or is under the influence of drugs/alcohol – but allows the driver to use his boat or PWC anyway – the boat owner may also be liable under Missouri’s negligent entrustment law. A boat owner may further be held liable under a general negligence theory if the accident is caused due to the owner’s poor maintenance of the boat or PWC.
The parent or guardian of a minor boat or PWC operator – As set forth above, Missouri law requires boat and PWC operators to be at least 14 years old, or under the supervision of a person 16 years or older. Missouri also requires operators to have a boating safety identification card. If the parent of a minor child allows their child to use a boat or PWC in violation of Missouri law, they may be liable for any harm caused to others by the actions of their minor child under theories of negligent supervision and/or negligent entrustment.
The manufacturer or seller of a boat or PWC – Depending on the specific facts of your boat or PWC accident, there may be a viable product liability claim in which recovery can be made against the boat or PWC manufacturer or seller. Typically, these claims involve a defective part or safety feature on the vessel causing injury to an occupant of the vessel. Other times, these claims involve a failure to warn the boat or PWC occupant of a danger associated with use of the vessel. In Missouri, these claims are typically pursued under either product liability, strict liability, or product liability negligence. The specific legal theory pursued will depend on the facts pertinent to your accident.

How to recover damages after a Lake of the Ozarks boat or PWC accident

Understanding who a personal injury claim or wrongful death claim can be brought against following a serious boating or PWC accident is just step one – determining whether or not that defendant(s) is solvent and/or has insurance coverage to pay your damages is often the next major hurdle. In other words, while it may be clear that a boat operator is responsible for causing the accident and your resulting injuries, if the boat operator has no insurance or lacks the means to pay your damages, it may not be worth your time and effort to pursue a civil claim against them. As the adage goes, “you can’t get blood out of a turnip!” As such, the following insurance policies of a liable party should be reviewed to determine whether they provide liability coverage for the defendant to pay your damages:

Any policy specific to the boat or PWC
Homeowner’s policies of the defendant
Marine policies and/or endorsements of the defendant
Umbrella or excess coverage policies of the defendant

Should I hire a boat accident attorney FOr My Lake of the Ozarks, MO Injury Claim?

Boat and PWC accidents are complex claims involving unique issues of liability, insurance law, and often severe damages. As such, these boat accident personal injury claims should be handled by an attorney who is familiar with these issues. After a serious boat accident or PWC crash, you will often be in a far greater position relying on the advice and experience of a boat lawyer than attempting to handle the claim yourself. As such, after a boat crash and after receiving necessary medical treatment, contacting a Missouri boating lawyer should be your top priority.

A boat accident lawyer will want to immediately begin preserving the evidence relating to your boating accident, including inspecting the boat or PWC at issue, obtaining witness statements, locating any potential video surveillance of the crash, investigating the cause of the crash or accident, and requesting all law enforcement reports relating to the crash.

As you continue with your medical treatment, your attorney will work to establish liability against the potential defendant(s), will investigate available insurance coverage to pay your damages, and will litigate the case if necessary. Often, your boating accident attorney will consult with experts in the field of boating operation and accident reconstruction to establish liability and will consult with medical experts to prove your past/future medical injuries and damages.

Call EC Duckworth of Duckworth Injury Law to fight FOR YOU FOLLOWING A boat accident or PWC accident at the Lake of the Ozarks

If you’ve been involved in an injury causing boat accident or PWC accident at the Lake of the Ozarks , or anywhere else in Missouri, you need a boat accident attorney who is familiar with Missouri’s boating laws, potential defendants in a boating accident, and avenues for full recovery in a boating accident claim.

Duckworth Injury Law is proud to represent and stand up for victims and their families involved in serious injury and wrongful death causing boating accidents across the Lake of the Ozarks . If you’d like to learn more about how Duckworth Injury Law can recover maximum compensation for you and your family following a boat or PWC accident , reach out to Duckworth Injury Law today for a free case evaluation and consultation.

Who Is Liable in an ATV Accident or UTV Accident Personal Injury Claim in Missouri?

Wed, 25 Jun 2025 17:14:33 GMT

EC Duckworth Is an Experienced ATV Accident Lawyer in Mid-Missouri. Call for Personal Injury Claim Assistance

All-terrain vehicles (“ATVs”) and utility terrain vehicles (“UTVs”) are popular for both work and recreational purposes across mid-Missouri. While the terms are often used interchangeably, ATVs typically refer to vehicles such as 4-wheelers, while UTVs typically refer to “side-by-side” (multi-passenger) vehicles like the Polaris Ranger, Polaris RZR, or John Deere Gator. Whether you’re using your ATV to manage your farmland in Boonville, Cooper County, MO, or using your UTV to go “mudding” in Columbia, Boone County, MO, ATVs and UTVs are simply a part of life in rural mid-Missouri. However, the dangers of ATVs and UTVs should not go without notice. If you’ve been injured in an ATV or UTV accident in Missouri, learn who is responsible for your damages, under what theories the defendant(s) can be held responsible, and from where your damages can be satisfied.

ATV accidents & UTV crashes are more common than you may suspect. If you’ve been injured in a recreational vehicle accident, call Duckworth Injury Law for claim assistance in mid-Missouri

According to the United States Consumer Product Safety Commission’s 2024 Report , there were 2,577 deaths in the United States associated with ATV and UTV accidents during the 3-year period from 2019-2021. Of these fatalities, 81% were men and 19% were women. In addition to these fatality numbers, there were an estimated 509,900 emergency department visits related to ATV and UTV incidents from 2019 – 2023 (approximately 102,000 per year). The most common injuries associated with these emergency room visits were fractures (29%), contusions/abrasions (18%), and internal organ injuries (15%). With regards to the specific body parts injured, the most common were head and neck (34%), followed by arms (25%), torso (19%), and finally legs (19%). The most common injury mechanism associated with both fatal and non-fatal UTV and ATV accidents was rollover accidents and collisions resulting in the driver or occupant being ejected.

Missouri ranks NEAR THE TOP amongst other states for UTV & ATV deaths. Take action for a UTV or ATV accident with our compassionate wrongful death attorney, EC Duckworth

With regard to Missouri in particular, the Consumer Federation of American ranked Missouri top five in the nation for number of UTV deaths in 2022, 2023, and 2024 and top ten in the nation for number of ATV deaths across that same timeframe. The Consumer Federation of America further found that the most common timeframe for UTV and ATV crashes is during the warmer summer months, with crashes increasing in April and peaking in July.

Before you or your children operate an ATV or UTV, learn the laws for operating safely on & off Missouri roadways

In Missouri, a UTV is defined as “any motorized vehicle manufactured and used exclusively for off-highway use, which is more than 50 inches, but no more than 80 inches in width, with an unladen dry weight of 3,500 pounds or less, traveling on four or six wheels, to be used primarily for landscaping, lawn care, or maintenance purposes.”

A UTV can be operated on a public highway if owned and operated by a governmental entity for official use, and for agricultural purposes or industrial on-premises purposes between sunrise and sunset (or at night with proper lighting equipment). A UTV may also be operated within three miles of the operator’s primary residence.

To operate a UTV on a public highway, the operator must have a valid driver’s license and follow the rules of the road. A UTV cannot be driven at speeds greater than 45 MPH.

With regard to ATVs, Missouri defines an ATV as “any motorized vehicle manufactured and used exclusively for off-highway use, with an unladen dry weight of 1,500 pounds or less, traveling on three, four, or more nonhighway tires, with either a seat designed to be straddled by the operator and handlebars for steering, or a width of 50 inches or less measured from the outside of the tire rim to the outside of the tire rim, regardless of seating or steering arrangement.”

An ATV can be operated on a public highway if it is for official governmental use, for agricultural purposes or industrial on-premises purposes, or if a city/county has issued a special permit or law allowing such use. ATV operators driving on public highways must also have a valid driver’s license and follow the rules of the road. Helmets are required for ATV operators under 18 years old.

Understanding personal injury liability for ATV & UTV accidents in Missouri

With the frequency of ATV and UTV accidents across Missouri well documented, it’s no surprise that there is an ever-growing area of ATV and UTV personal injury litigation as well. Depending on the particular facts and circumstances surrounding an ATV or UTV accident, an ATV or UTV personal injury claim may be brought against numerous defendants under a number of different legal theories. Common defendants in an ATV accident or UTV accident personal injury claim include:

The driver/operator of the ATV or UTV
The owner of the ATV or UTV
A third-party vehicle operator who collides with an ATV or UTV
The landowner where the ATV or UTV accident occurred
The seller or manufacturer or the ATV or UTV
Other parties on a case-by-case basis.

Some of the most prevalent legal theories for pursuing an ATV or UTV personal injury claim include the following.

General negligence may be applied to a UTV or ATV accident in Missouri

Similar to a standard auto case, a negligence claim may be brought against the negligent driver of the ATV or UTV who causes injury to his passenger(s) or to a bystander. If the driver or occupant of an ATV or UTV is injured due to the negligence of a third-party motor vehicle driver (e.g., a car fails to yield to an oncoming UTV, causing a collision), a negligence claim may be brought against the third-party driver.

Negligent entrustment & negligent supervision may also apply to ATV & UTV accidents where a child or impaIred person is involved in a crash

In Missouri a negligent entrustment claim may be made against the owner of property (such as an ATV or UTV owner), whereby the owner of the property knew the entrustee (person using the property) was incompetent due to that person’s age, experience, or habitual recklessness and the entrustee subsequently injures someone by using the property. With regard to ATV and UTV accidents, negligent entrustment claims are often made against the owner of an ATV or UTV who permits someone else to use their vehicle and that person subsequently injures another person. For example, a negligent entrustment claim could likely be made where an UTV owner permits their 9-year nephew to borrow their UTV, and the nephew subsequently runs into and injures another person.

Similarly, a negligent supervision claim can be used to hold a parent responsible for the negligent acts/omissions of their minor child.

If the ATV or UTV ACCIDENT WAS THE RESULT OF a mechanical FAILURE or DEFICIENT SAFETY feature, you may be able to PURSUE a product liability claim against the manufacturer

In certain situations, the manufacturer or seller of the ATV or UTV may also be liable for an injured victim’s damages under Missouri’s product liability law. Specifically, Missouri permits product liability claims under theories of strict liability and negligence. Under a strict liability product liability claim, the manufacturer or seller may be liable if either the product was defective OR if the product was unreasonably dangerous without an adequate warning. Under a negligence product liability claim, the manufacturer or seller may be liable if they failed to use ordinary care in the manufacturing, designing, or warning of the product at issue.

Product liability claims are often brought in ATV and UTV accidents when a safety feature of the vehicle fails during a collision, when the vehicle fails to operate as intended (leading to a collision), and when the operator of a vehicle is unaware of a danger associated with using the vehicle (leading to injury).

Recovering compensable damages after an ATV or UTV Accident in Missouri

Once the proper defendants and causes of action are identified in an ATV or UTV accident personal injury case, attention must also be paid to where the money will come from to satisfy an injured victim’s damages. In Missouri, damages following an ATV or UTV accident typically include past/future medical bills, lost wages, pain and suffering, loss of enjoyment of life, and disfigurement. As ATV and UTV accidents often result in serious injuries, these damages can be significant.

As such, often the greatest challenge of an ATV or UTV accident case is determining who must pay when a defendant is found liable. In other words, while a defendant will be personally liable for the harms they cause, an insurance company may also be required to indemnify and/or pay those damages on behalf of a defendant. Unlike traditional car accident claims, though, ATV or UTV operators do not have a specific policy of liability insurance for their ATV or UTV. The following insurance policies should be reviewed to determine whether or not they cover a defendant’s liability in causing an ATV or UTV crash:

Any policy specific to the ATV or UTV
Homeowner’s policies of the defendant
Farm policies of the defendant
Auto policies of the defendant
Umbrella or excess coverage policies of the defendant
Auto policies of the plaintiff, including uninsured motorist coverage, underinsured motorist coverage, and medical payments coverage

Should you hire an ATV or UTV accident attorney if you or your child was involved in a crash in mid-Missouri?

Following a serious ATV or UTV accident, your top priority should be ensuring the physical wellbeing of yourself or your loved one. That includes receiving emergency medical care and attending all scheduled medical appointments. Your second priority following an ATV or UTV accident should be consulting with an experienced personal injury attorney who has familiarity with handling ATV or UTV accidents.

After an ATV or UTV accident, your personal injury lawyer will want to immediately begin collecting and preserving evidence. This evidence typically includes inspecting the ATV or UTV at issue (or having an expert inspect the vehicle), photographing the scene, obtaining witness statements, and requesting all law enforcement investigative reports. An ATV or UTV injury attorney will also begin to piece together liability, including what parties are responsible for causing the crash and by what legal theories. Finally, your ATV or UTV lawyer will need to determine what insurance coverage (or assets of the defendant(s)) are recoverable in your particular case. As outlined above, this could include policies such as the defendant’s auto policy, homeowner’s policy, farm policy, or a specific policy applicable to the ATV or UTV.

ATV and UTV personal injury cases are often contested by the defendant(s) on a number of different grounds, including denying liability, challenging causation/existence of damages, and opposing whether insurance coverage applies. As such, it’s often necessary for your ATV or UTV lawyer to file a lawsuit and to pursue your claim in court. While most ATV and UTV accident cases resolve via settlement at some point after filing suit, occasionally a jury trial is required to determine liability and damages.

Work with a personal injury or wrongful death attorney you can trust to handLe your Missouri ATV or UTV accident claim with care

If you’ve been involved in an injury-causing ATV or UTV accident in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri, contact an experienced ATV and UTV accident attorney who understands Missouri’s ATV and UTV laws and routes of recovery.

Attorney EC Duckworth is not only familiar handling ATV and UTV accidents (having recently recovered $800,000 for a woman who sustained orthopedic injuries in an ATV accident), but he has grown up operating ATVs and UTVs himself. He understands how these accidents occur, what safety precautions should be taken, and how these vehicles should be properly operated. ATV and UTV accidents are often complicated claims, involving complex issues of liability, damages, and insurance coverage. Don’t risk your financial recovery with a personal injury attorney unfamiliar with handling these unique claims. If you or a loved one has been injured while using an ATV or UTV, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

What Do I Do if I’m Injured in a Car Accident in Missouri & the Other Driver Doesn’t Have Car Insurance?

Wed, 18 Jun 2025 20:54:57 GMT

If You’re Injured in a Car Accident by an Uninsured Driver, You Still Have Claim Options. Learn More From Missouri’s Duckworth Injury Law

In Missouri, state law requires that all motor vehicle drivers maintain motor vehicle liability coverage. In other words, to legally operate a car or motorcycle in Missouri, the driver must carry automobile insurance. Specifically, Missouri law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage and $25,000 per accident in property damage liability coverage. This law is commonly referred to as Missouri’s Motor Vehicle Financial Responsibility Law. The purpose of this law is to protect Missouri citizens from suffering uncompensated damages due to the negligence of an uninsured motorist in causing a car accident.

Despite this legal requirement to carry liability insurance, every year, thousands of Missourians are involved in injury causing car accidents due to the negligence of uninsured motorists. So, what can you do if you’ve suffered an injury causing accident and the other driver doesn’t have car insurance? Here are the top 5 actions you should take.

1. File an uninsured motorist claim with your own auto insurance company

In addition to requiring bodily injury liability coverage, Missouri law also requires all Missouri drivers to carry Uninsured Motorist Coverage. See RSMo. § 379.203 . Specifically, Missouri law requires Missouri auto insurance policies to include a minimum of $25,000 per person and $50,000 per accident in Uninsured Motorist Coverage. While Uninsured Motorist Coverage wouldn’t be necessary if all drivers carried bodily injury liability insurance as required by Missouri law, the data shows that, regardless of the law, many drivers will simply choose to drive without liability insurance.

The purpose of Uninsured Motorist Coverage is to compensate you for all bodily injury damages (e.g., medical bills, lost wages, pain and suffering, etc.) that you would otherwise be entitled to legally recover from the uninsured at-fault party. Instead of putting the burden on you to obtain a judgment and collect money from the at-fault party, however, Uninsured Motorist Coverage allows you to recover this money directly from your own insurance company.

It's important to note that Uninsured Motorist Coverage is often “stackable” in Missouri. See Husch by Husch v. Nationwide Mutual Fire Insurance, Co. 772 S.W.2d 692 (Mo.App. ED) (1989). This means that if you carry multiple automobile insurance policies, or if you have multiple vehicles on the same policy, you may be permitted to add together the Uninsured Motorist Coverage on all policies and/or vehicles to determine your coverage limits. However, just because you are permitted to stack together your Uninsured Motorist Coverage, does not mean that your insurance company will automatically pay the full extent of your coverage – Uninsured Motorist Coverage claims are often handled very similar to third-party liability claims (i.e., you will be required to prove liability, causation, and damages).

While many people are apprehensive about bringing a first-party Uninsured Motorist Coverage Claim with their own insurance company, as they worry about their premium rates increasing, Missouri law does not permit insurance companies to raise premium rates for filing a first-party Uninsured Motorist claim when you are not at fault for causing the accident.

Finally, while Uninsured Motorist Coverage covers damages such as medical bills, lost wages, and pain and suffering, it does not cover the property damage to your vehicle. You will need to pursue a separate claim with your own insurance company for your property damage, typically under “Collision Coverage.” Notably, Collision Coverage is not required in Missouri, so you may not have this coverage included in your auto insurance policy, and typically you will be responsible for paying your deductible under the Collision Coverage.

2. Pursue a civil lawsuit against the at-fault party

While filing an Uninsured Motorist Coverage claim with your own insurance company is often the most practical and efficient way of recovering money for your damages following an accident caused by an uninsured motorist, it’s certainly not your only option. Even if the at-fault party doesn’t carry liability insurance, they are still legally responsible for payment of your damages. That means you have the right to pursue a civil lawsuit against the at-fault party to recover your damages caused by the at-fault party.

Practically, whether or not it makes sense to pursue a civil lawsuit against the at-fault party typically depends on what assets are recoverable from the at-fault party. If an asset check reveals the at-fault party has no assets or money to pay a potential judgment, they may be “judgment proof,” and it would likely be a waste of time and money to pursue a civil lawsuit against them. On the other hand, if it appears there are recoverable assets and money held by the at-fault party, pursuing a civil lawsuit might make sense in your particular situation.

It's necessary to point out, though, if you choose to pursue an Uninsured Motorist Claim, you will usually not be able to then pursue a civil lawsuit against the at-fault party (due to the contractual language in your Uninsured Motorist Coverage contract). In accepting your Uninsured Motorist Claim benefits, you will often be required to assign your civil cause of action to your own insurance company and/or be required to reimburse your auto insurance company from any proceeds recovered from the at-fault party. If payment of your Uninsured Motorist Coverage benefits requires assignment/subrogation of your civil claim against the other driver to your insurance company, your insurance company will then have the right to attempt to pursue recovery/collection against the other driver.

3. Seek restitution if criminal charges are brought against the at-fault party

Restitution is often defined as “making good of or giving an equivalent for some injury.” In criminal law, restitution may be required as part of the sentence issued against the defendant, in which the court requires the defendant to compensate the victim for their financial harm. Restitution may be ordered against a criminal defendant to reimburse the victim for things such as their auto insurance deductible, medical bills, lost wages, or property damage.

While you may not have control as to whether or not criminal charges are brought against the at-fault party following a car accident (most car accidents do not result in criminal charges), you should work with the prosecutor and/or victim advocate in pursuing restitution if they are. Restitution will often be unavailable if you have already recovered your damages from the at-fault party through civil litigation.

4. Submit a tort victims' compensation fund application

The Tort Victims Compensation Fund is a program run by the State of Missouri to compensate Missouri accident victims who have otherwise been unable to obtain full compensation for their damages. The Tort Victims Compensation Fund steps in to pay victims where the at-fault party had no insurance (or not enough insurance) and where the victim has no other means of obtaining compensation for their injuries.

In considering the value of your claim, the Fund will consider your medical condition/injuries, medical bills, lost income, and money recovered by you to date. You must also demonstrate to the fund what measures you have previously taken to obtain compensation for your damages. For damages caused by an uninsured motorist, this usually requires obtaining a civil judgment against the at-fault party and then making at least some attempt to collect on that judgment.

While the fund can award up to $300,000 per claim, the net payout on claims is typically reduced in proportion with the number of claims submitted/total available funds for a particular year. For example, claims submitted in 2022 paid on a pro rata of 40 cents for every dollar awarded to claimants that year.

5. File an accident report with the Missouri driver's license bureau

Last but not least, if you have been involved in a car accident with an uninsured motorist, Missouri law requires that you report such an accident to the Missouri Driver License Bureau. The law states that an accident report must be filed if the accident happened less than one year ago, the accident involved an uninsured motorist, and the accident caused property damage of more than $500 or if someone was injured/killed.

A Missouri Motor Vehicle Accident Report can be obtained from your insurance company, a Driver License Bureau, or online . Once reported, the uninsured at-fault party may be subject to their license being suspended or revoked.

Schedule Your Free Case Review for Your Accident Involving an Uninsured Motorist in Missouri Today. Duckworth Injury Law Is Ready to Serve You

If you’ve been involved in an injury causing accident due to the negligence of an uninsured driver in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri, contact an experienced car accident attorney who understands Missouri’s uninsured motorist laws and routes of recovery.

Whether your particular situation involves pursuing an uninsured motorist claim with your own insurance company or filing a lawsuit against the at-fault party, attorney EC Duckworth is committed to maximizing your recovery by exhausting all available options. At Duckworth Injury Law, our firm routinely handles uninsured motorist cases involving car accidents , motorcycle accidents , and truck accidents . If you’d like to discuss the best route of recovery for your particular case, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

Can I Bring a Personal Injury Claim in Missouri if I’m Partially at Fault for Causing the Car Accident?

Tue, 10 Jun 2025 19:41:55 GMT

Did You Also Play a Part in a Recent Car Accident in Missouri? Learn How to Navigate the Personal Injury Claim Process With Duckworth Injury Law

Growing up, you’ve likely heard the expression that “there’s two sides to every story” on more than one occasion. It’s a mantra typically used to mean that prior to jumping to a conclusion, both sides should be heard, with the truth often lying somewhere in the middle of each side’s version of events. Just as the saying applies to arguments growing up with siblings, the saying often applies to determining fault in car accidents , motorcycle accidents , and truck accidents as well.

So, what happens in a Missouri car accident personal injury claim when both sides believe the other side is at fault? Similarly, what happens if one party is partially at fault for causing the car accident, but the other party is primarily at fault?

Fault in Car, Motorcycle & Truck Accidents Is Often Determined by Missouri Juries & You’ll Need a Skilled Personal Injury Attorney to Help Fight Your Claim

In line with the expression, “there are two sides to every story,” Missouri civil disputes (such as car accident , motorcycle accident , and truck accident claims) are ultimately decided by a jury at trial if the parties are unable to reach a settlement agreement. At trial, both sides are permitted to share their version of what happened by presenting evidence in the form of witness testimony, photographs, documents, and more. Following the presentation of evidence from the parties and arguments from their respective attorneys, the jury gets to decide where the truth lies by allocating fault between the parties on a pure comparative fault basis.

Simply put, Missouri follows a pure comparative fault model in allocating fault between a plaintiff and a defendant(s) in a personal injury negligence claim. This means the jury gets to determine what percentage of fault (out of a total of 100%) that it will allocate to each party. For example, in a rear-end car crash case, a defendant may claim that the plaintiff is at fault for coming to a sudden stop in the roadway. Meanwhile, the plaintiff may claim the defendant is at fault for colliding with the rear of her vehicle. At trial, a jury may determine the plaintiff is 30% at fault for causing the crash by coming to a sudden stop, while the defendant is 70% at fault for causing the crash by colliding with the rear of the plaintiff’s vehicle. In this scenario, the plaintiff’s total damages would be reduced by her own allocation of fault – here, 30% (for example, if the plaintiff was awarded total damages of $10,000, a 30% allocation of comparative fault would reduce her total recovery by $3,000 for a net recovery of $7,000).

How “fault” is determined in a personal injury case will vary from state to state. Speak with an experienced attorney in mid-Missouri to learn more

While Missouri negligence law currently adheres to pure comparative fault system, that wasn’t always the case . Prior to 1983, Missouri followed a “contributory negligence” doctrine which barred recovery if a plaintiff shared any fault in causing the accident they were involved in. Contributory negligence was abolished and replaced by our current pure comparative fault system in the 1983 Missouri Supreme Court Case of Gustafson v. Benda . However, the contributory negligence doctrine is still followed in a number of states across the U.S., including Alabama, Maryland, North Caroline, and Virginia. Other states (including Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Kansas, and others) follow a middle ground between pure comparative fault and contributory negligence, called “modified comparative fault”. Modified comparative fault allows a plaintiff to recover damages in a negligence claim only if her fault doesn’t exceed either 50 or 51% (depends on the particular state) in comparison to the defendant. If a plaintiff’s fault doesn’t exceed either 50 or 51%, she will be permitted to recover damages, however, her damages will still be reduced by her own allocation of fault.

In summary, if you’ve been involved in an injury causing car accident and you believe you may be partially at fault, you likely still have a viable personal injury claim if the other driver is also at fault for causing the crash. Unlike some states which bar recovery completely if you are partially or primarily at fault, in Missouri, your total damages will simply be reduced by your own allocation of comparative fault. As such, Missouri’s pure comparative fault law is far more plaintiff-friendly than many other states across the county.

Even if you share some fault in a car accident, you should still contact a car accident attorney in Missouri who can help you fight for the compensation you deserve

If you’ve been involved in a personal injury causing accident in Columbia , Jefferson City , the Lake of the Ozarks , or anywhere else across mid-Missouri, you need an attorney who understands Missouri law – including Missouri’s pure comparative fault law for negligence claims. Oftentimes, the other party’s insurance company will attempt to deny your claim simply because you share some degree of fault in causing the accident. However, under Missouri’s pure comparative fault law, you are still entitled to compensation for your damages (medical bills, property damage, pain and suffering, etc.) if the defendant also shares fault in causing the accident.

At Duckworth Injury Law, all our firm handles is personal injury cases, including car accidents , motorcycle accidents , and truck accidents . As such, our personal injury attorney has handled dozens of personal injury cases in which liability is disputed, or in which his client shared some degree of fault in causing the crash. Regardless of the facts of your particular injury causing accident, our injury lawyer is experienced in assessing fault and determining whether you have a viable personal injury claim. If you have been injured in an accident, reach out to Duckworth Injury Law today for a free case evaluation and consultation.

Why Should I Choose Duckworth Injury Law for My Mid-Missouri Personal Injury Case?

Tue, 03 Jun 2025 16:28:15 GMT

Choosing an Attorney to Fight FOR Your Personal Injury Claim Is a Big Decision. Choose Wisely With Duckworth Injury Law

At Duckworth Injury Law, we understand you have lots of options when it comes to hiring a lawyer to represent you in your personal injury case in Columbia , Jefferson City , Lake of the Ozarks , or the surrounding mid-Missouri communities. That’s why it’s my goal to provide exemplary representation for each and every one of my clients who choose to trust my firm to handle their mid-Missouri personal injury case. I want my clients to believe they have hired the best personal injury lawyer for their claim. As the adage goes, “It takes a lifetime to build a good reputation, but you can lose it in a minute.” I understand and truly believe this, and as such, every client’s opinion of my firm is important, and every client’s experience goes a long way in upholding Duckworth Injury Law’s positive and trusted reputation in mid-Missouri.

While I believe there are many reasons my firm is the best choice to handle your personal injury claim in mid-Missouri, here are some of the top reasons.

Why Duckworth Injury Law Is the Choice for Mid-MissouriANS Seeking a Personal Injury Attorney

1. EC Duckworth, Duckworth Injury Law’s attorney, has a proven track record of success

Attorney EC Duckworth has recovered tens of millions of dollars for injured victims and their families across Missouri. From a seven-figure car accident settlement to a jury verdict in excess of $950,000 to a $700,000 trucking accident settlement, his results speak for themselves. We believe serious injury accidents warrant serious results for clients.

2. Duckworth Injury Law’s founding attorney Has top tier credentials

EC Duckworth attended college at the University of Missouri, where he graduated in just three years. After completing his undergrad studies, EC attended law school at the University of Missouri , where he graduated cum laude and in the top 10 of his law school class. During law school, EC was a member of the Missouri Law Review , where he had the privilege of having his work published in the Missouri Law Review’s Legal Journal. In recognition of his high academic achievement and scholarly distinction within the legal field, EC was granted admission to The Order of the Coif - a prestigious national honor society for law school graduates in the United States.

Following law school, EC refined his trial skills at the Ross T. Roberts Trial Academy and has been a longtime member of the Missouri Association of Trial Attorneys .

3. Personal injury & wrongful death is all we do at our mid-Missouri personal injury law firm

After briefly practicing at a large civil defense law firm in Kansas City following law school, Attorney Duckworth has exclusively represented plaintiffs, including injured victims in their families, for the duration of his career to date. Now, having founded Duckworth Injury Law, Attorney Duckworth continues to focus nearly exclusively on representing injured Missourians and their families in personal injury and wrongful death cases.

While many firms claim to be a jack of all trades, our firm’s focus on personal injury and wrongful death law allows us to be knowledgeable, experienced, and ready to battle for accident victims at a moment’s notice. The firm routinely handles car crashes (including rear-end collisions, T-bone collisions, rideshare collisions), motorcycle crashes , truck crashes (including tractor-trailer crashes, 18-wheeler crashes, and commercial vehicle crashes), boat crashes , slip and fall accidents , wrongful death accidents , and other third-party liability claims.

4. Our injury law firm is local to mid-Missouri

Although there are plenty of personal injury firms who advertise in mid-Missouri, only a fraction of those firms are truly from mid-Missouri, are based out of mid-Missouri, and routinely practice in mid-Missouri. Hiring a local mid-Missouri attorney for your personal injury claim provides a huge advantage in the handling of your claim. A local lawyer is accessible (you can meet with them in person), understands the local courts (will know local court/judge rules and common juror ideology), and will keep your case expenses down (an out-of-town lawyer will likely charge case expenses for traveling to court and depositions in your area).

At Duckworth Injury Law, our office is located in downtown Columbia, Missouri. Our attorney grew up in Southern Boone County, Missouri, and he has handled mid-Missouri injury cases for many years. Our attorney routinely handles cases in Moberly, Mexico, Boonville, Marshall, Sedalia, Columbia , Jefferson City , Fulton, and the Lake of the Ozarks (among other mid-Missouri communities).

5. Duckworth Injury Law brings personalized attention to your personal injury claim

At Duckworth Injury Law, every claim is personally handled by Attorney EC Duckworth. Unlike many firms that will punt your claim off to a paralegal or associate attorney, we believe our clients deserve to have the lawyer they thought they were hiring actually working on their case. When you hire Duckworth Injury Law, you’re hiring lawyer EC Duckworth to handle your case from start to finish.

6. We are proud to provide free case evaluation & consultation to victims of personal injuries in mid-Missouri

The choice of a lawyer is an important decision – perhaps one of most important decisions you will ever make. Following a serious injury accident or a wrongful death accident, oftentimes, injured claimants and their loved ones are overwhelmed with medical bills, lost wages, and grief. Hiring an experienced personal injury attorney who will maximize your recovery is crucial. As such, we believe potential clients should be able to speak with their potential lawyer without worrying about the costs associated with doing so. At Duckworth Injury Law, all case evaluations and initial consultations are free, giving you peace of mind that you have had the opportunity to choose the best attorney for your personal injury or wrongful death claim.

7. When you trust Duckworth Injury Law, you won’t pay any fees until we win your case

Simply put, you owe us nothing until we win your case. All fees and expenses come from the ultimate settlement or judgment we recover. If there is no settlement or judgment, you owe us no fees or expenses.

Why choose Duckworth Injury Law for your claim in central Missouri? Our attorney is ready to stand up for you & your family after an injury or wrongful death

Whether you’re in need of a car accident lawyer , a motorcycle accident lawyer , a truck accident lawyer , a boat accident lawyer , a slip and fall lawyer , or a dog bite lawyer , I believe my firm should be at the top of your list in deciding who should handle your serious injury or wrongful death case. If you’re still on the fence as to whether Duckworth Injury Law is the best personal injury firm for you, please contact us to schedule a free, no-obligation case evaluation. Attorney Duckworth is happy to sit down and answer any questions you have. And if you’re ready to move forward with our firm, please reach out today.

What Do I Do if I’m Injured as a Student at Mizzou, Stephens College, or Columbia College in Columbia, Missouri?

Wed, 28 May 2025 19:25:26 GMT

Don’t Let a Personal Injury Claim Derail Your College Education. Contact Duckworth Injury Law to Support Your Injury Claim

Columbia, Missouri is often referred to as a “ college town ” due to the large volume of college students comprising its population during the school year. The largest of these colleges is the University of Missouri (“Mizzou”) with a total student population of 31,543 as of 2024 . Columbia College adds another 2,564 full time students on its campus, while Stephens College contributes an additional 500-600 .

However, college can be a stressful time for many students. From learning to navigate a new city, to making new friends, to living independently for the first time, and to trying to earn good grades, it’s a lot to balance for anyone – no less an 18–22-year-old young adult. The last thing a college student needs to deal with on top of a seemingly never-ending list of responsibilities is trying to deal with a personal injury claim. And with so many college students living and attending school in Columbia, personal injury causing accidents to college students are inevitable.

So, if you’re injured due to the negligence of another person or entity while a student at Mizzou, Stephens College, or Columbia College, what should you do? While the particular course of action you should take may very depending on the nature and severity of your injury, the following steps apply to most college students experiencing a personal injury accident. Learn more from Duckworth Injury Law’s insightful attorney.

After experience a personal injury in Columbia, MO, obtain emergency medical treatment if necessary

If your injury-causing accident warrants emergency medical treatment, do not hesitate to request emergency medical services such as an ambulance or emergency room treatment. While many college students are hesitant to incur medical bills (as finances are usually tight during college) these medical bills will ultimately be paid by the at-fault party or their liability insurance carrier. Further, documentation of your injury by a medical professional will ultimately be beneficial in pursuing a personal injury claim.

After being discharged from emergency care, be sure to follow through with all recommendations made by the emergency provider, including all follow-up appointments, physical therapy, prescription orders, etc. If you are discharged without further instructions, pay attention to your body, pain level, and symptoms to see if you should seek further care on your own.

Be sure to preserve evidence relating to your accident in Columbia, MO

Depending on the nature of your accident, the specific evidence you need to preserve will vary. For example, suppose you are injured due to a defective and/or dangerous condition on Mizzou’s campus (such as an uncovered manhole or a broken workout machine at the Rec Center). In that case, you will want to take photographs and/or videos of the dangerous condition. Or if you are hit by a vehicle while crossing Walnut on Stephens College Campus, you should take photographs of the at-fault party’s vehicle, driver’s license, and insurance information. Or maybe you are driving to class at Columbia College on your motorcycle and a truck rear-ends you. You’ll need to take pictures of the scene and obtain the defendant’s and other witnesses’ contact information.

Don’t forget to report the accident to the proper Columbia, MO authorities

Ensuring your accident is reported to the proper authority is important in establishing liability against the at-fault party, documenting when, why and how the accident occurred, and potentially placing the at-fault party on notice of the accident. If you are involved in a car, motorcycle, or truck collision off campus, you should contact 911 for the proper law enforcement personnel to arrive at the scene. If you are injured due to a dangerous condition on your college’s campus, you should contact your college’s law enforcement and/or security division and follow through with them in submitting an accident report.

No matter where or how you are injured on a college campus, be sure to contact an experienced personal injury attorney in Columbia, MO who can help you navigate a claim

After you have received necessary medical treatment, have preserved accident evidence, and have reported the accident to law enforcement or campus security, it is often in your best interest to next consult with an experienced personal injury lawyer in Columbia, MO .

A personal injury lawyer will be able to assist you in pursuing your accident claim, allowing you to focus on your recovery and getting back to your normal life as quickly as possible. Your personal injury attorney will gather additional evidence, provide recommendations on medical treatment, and pursue compensation against the at-fault party and/or their insurance company for your damages. Further, your lawyer will ensure your medical bills are being processed by your health insurance and/or are placed on a lien to be paid from your settlement proceeds.

Speak with your schoo’s academic advisor and your professors for assistance in accommodating your personal injury & claim

Most schools will offer accommodations to allow you to continue with your classes and for you to stay on track with your academic plan. These accommodations often include things such as providing extended deadlines, mobility assistance (helping you get to class), classroom aides, or remote learning (online classes).

If your injuries are severe enough, your academic advisor may assist you with applying for a leave of absence from the school or help you with requesting to withdraw from a class with an “Incomplete” grade – typically, doing so will allow you longer recovery time without affecting your GPA.

A personal injury may impact your mental health. Speak with the mental health department, counselor or therapist available at your Columbia, MO college

As mentioned, college is already a stressful time for many students, and a serious injury or accident can often exacerbate and/or create new mental health and emotional trauma. As such, it’s important that you prioritize your mental and emotional well-being in addition to your physical recovery. Many colleges provide mental health services such as counseling or therapy at little to no cost for their students. If your school offers such services, do not hesitate to reach out to discuss your concerns relating to your injury accident. If your school does not offer such services, ask your primary care physician for a referral to a mental health provider.

Rely on your friends & family for support after experiencing a personal injury in Columbia, MO

Last but not least, rely on your support network following your injury-causing accident. An injury causing accident may leave you with little ability to do some of the common activities of daily living such as shopping, cooking, cleaning, or running errands. While you may feel you are “burdening” your friends and family by asking for help, most people are glad to do so and feel rewarded by helping another person in their time of need. This may mean going home for a few weeks to live with your parents or simply asking your friends and family to stop by your apartment once or twice a day to help you with things.

Don’t Try to Handle Your Personal Injury Claim Alone. College Students in Columbia, MO Can Rely on Personal Injury Attorneys Like Duckworth Injury Law

If you are a college student in Columbia, MO attending the University of Missouri, Stephens College, or Columbia College, and you are injured in an accident caused by someone else, don’t try to take on your personal injury claim alone. As a college student, you likely have enough other responsibilities to handle, or if not, there are plenty of other things you’d rather do!

An experienced personal injury lawyer will be able to ensure that you obtain maximum compensation for your injury claim while you focus on recovery, academics, and getting back to your normal life. At Duckworth Injury Law, personal injury and wrongful death law is all our law firm handles. Our office is conveniently located between all three campuses in downtown Columbia (across from Harpo’s Bar & Grill). If you’re a college student experiencing a personal injury claim, don’t hesitate to reach out for a free case assessment today.

I Was Injured in a Boating Accident at the Lake of the Ozarks – Do I File a Personal Injury Claim at the Lake or Back at Home?

Mon, 19 May 2025 21:52:33 GMT

Being Injured Away From Home Is Frightening. Fortunately, Duckworth Injury Law’s Personal Injury Attorney Is Here to Support You After an Accident at the Lake of the Ozarks

The Lake of the Ozarks is a popular summer vacation destination for families both in Missouri and across the Midwest. In fact, it’s estimated that the Lake of the Ozarks receives 2.5 million visitors per year , and that doesn’t even account for residents and second homeowners. The Lake of the Ozarks provides a little bit of something for everyone, making it easy to see why it’s such a popular summer destination. While many families go to the Lake of the Ozarks to enjoy boating, jet skiing, and swimming, others are often at the lake for bachelor or bachelorette parties, bar hopping, and for the lake’s entertainment and nightlife.

However, with so many people engaged in so many different activities, there are many visitors seriously injured or killed while at the Lake of the Ozarks each year. The Lake of the Ozarks consistently ranks as one of the most dangerous lakes in the United States. In 2023 alone, the U.S. Coast Guard recorded 61 boating accidents, which resulted in 56 injured persons and one death. While this statistic is alarmingly high, it does not account for the numerous other people injured or killed at the Lake each year from dock electrocutions, slip and falls at businesses and private property, and motor vehicle crashes around the Lake of the Ozarks.

With so many injury causing accidents occurring at the Lake of the Ozarks each year, many injured victims are left wondering where to begin in pursuing their personal injury claim – especially if they are not from the Lake of the Ozarks. So, if you’ve been injured at the Lake of the Ozarks due to the actions or inactions of another person or entity, should you file a personal injury claim at the Lake or back at your home?

Where Should I File a Personal Injury Lawsuit if My Accident Didn’t Happen Where I Live?

If you were injured at the Lake of the Ozarks, any lawsuit will typically need to be filed at the Lake of the Ozarks

Missouri law requires a negligence claim to be filed in the county court where the injury causing accident first occurred. See RSMo. § 508.010 . That means if you were involved in a boat crash while on the Gravois Arm of the Lake of the Ozarks, any lawsuit would likely need to be filed in the Circuit Court of Morgan County in Versailles, Missouri. Or, if you were injured while at a business on The Strip at Bagnell Damn, your claim would need to be pursued in the Circuit Court of Miller County in Tuscumbia, MO. If a loved one was involved in a car accident while approaching Margaritaville on State Hwy KK, that lawsuit would need to be litigated in the Circuit Court of Camden County in Camdenton, MO.

While many visitors who have suffered an injury causing accident at the Lake of the Ozarks will seek out a personal injury lawyer from their hometown (for example, a STL resident injured at the Lake may attempt to hire a STL injury attorney), hiring a personal injury attorney who is familiar with practicing personal injury law in the counties encompassing the Lake of the Ozarks has many advantages.

The advantages of hiring a personal injury lawyer who practices in the Lake of the Ozarks community where you were injured

1. Familiarity with the Lake of the Ozarks’ courts will only help your attorney build your personal injury claim

A personal injury attorney who frequently handles injury claims at the Lake of the Ozarks is going to be more familiar with the local courts in the area. As mentioned above, depending on where your accident occurred, your claim may need to be filed and litigated in either Morgan, Miller, Benton, or Camden County. While Missouri Courts are required to follow general rules outlined in Missouri’s Rules of Civil Procedure , the individual circuit courts also implement additional rules known as Local Rules, specific to each circuit court. These local rules often have unique requirements regarding how cases should be prosecuted, how trials should be scheduled, and how discovery should take place. Hiring a lawyer who is familiar with the local rules of the courts of the Lake of the Ozarks is important in ensuring your claim is properly pursued.

2. If you were injured at the Lake of the Ozarks, seek out an attorney who has experience handling boating accident or jet ski accident claims

While most personal injury attorneys are familiar with handling car accident claims, many have never pursued a personal injury claim arising from a boating accident or a jet ski crash. In cities like Kansas City, STL, or Chicago, boating and jet skiing simply aren’t as prevalent activities, resulting in far fewer injuries from such activities.

If your hometown attorney has never pursued a boat accident or jet ski accident claim, they may lack the knowledge to adequately pursue your claim to its maximum value. Boating accident personal injury claims often involve unique and complex insurance issues, severe damages, and specialized liability experts. An attorney who frequently handles these types of claims at the Lake of the Ozarks will likely have experience with these unique factors, while an out-of-town attorney may not.

3. Hiring a local attorney will result in money saved on case expenses

As your Lake of the Ozarks accident claim will likely need to be pursued in a Lake of the Ozarks’ court, your attorney will need to appear in Court for you at the Lake. Further, it is likely depositions will need to be conducted at the Lake of the Ozarks, especially if the defendant or a witness is located at the Lake. The costs of attending these court hearings and depositions will likely be passed on to you by way of case expenses. Typically, case expenses include items such as mileage, gas, meals, and lodging reimbursement. Hiring an attorney who is located near the Lake of the Ozarks will likely save you on these reimbursable case expenses.

4. Your personal injury lawyer is authorized to practice law in Missouri

Finally, hiring a personal injury lawyer who practices at the Lake of the Ozarks means that lawyer has been admitted to practice in Missouri State Courts. As such, that lawyer will be able to file a lawsuit, if necessary, in a Lake of the Ozarks’ court. If you are an out-of-state visitor injured while at the Lake, your hometown attorney may not be licensed to practice law in the State of Missouri .

Choose Duckworth Injury Law as your Lake of the Ozarks personal injury attorn ey

If you or a loved one has been injured or killed while at the Lake of the Ozarks , you owe it to yourself to hire a personal injury lawyer who is experienced in handling serious injury and wrongful death claims at the Lake of the Ozarks and its associated circuit courts. At Duckworth Injury Law, attorney EC Duckworth routinely handles personal injury claims in Benton, Morgan, Miller, and Camden County Courts. Our office is centrally located in Columbia, MO, only an hour from the Lake of the Ozarks. Duckworth Injury Law handles catastrophic injury and wrongful death causing accidents that occur at the Lake of the Ozarks, including boating accidents , car accidents , motorcycle accidents , and premises liability claims. If you’d like to learn more about what Duckworth Injury Law can do for you and your Lake area personal injury case, reach out today.

The Complete Guide for What to Do After a Car Accident in Mid-Missouri

Mon, 12 May 2025 19:34:26 GMT

You Can Never Be Prepared for a Car Accident, but You Can Know What to Do After an Accident Occurs. Be Ready With Duckworth Injury Law’s Comprehensive Car Accident Guide

Let’s face it – none of us wake up one morning planning to get in a car accident. Rather, each day we drive to work in Columbia, or take our kids to school in Ashland, or run our errands in Jefferson City, or go on vacation to the Lake of the Ozarks with little thought of being involved in a motor vehicle collision. However, the unfortunate reality is that thousands of life-altering car crashes are occurring every day across the United States. Motor vehicle crashes kill over 120 people every day and result in millions of emergency department visits each year. In Missouri specifically, 50,369 Missourians were involved in a personal injury causing crash, with 24,665 suffering disabling and evident injuries.

While Missourians certainly shouldn’t live in fear or a state of anxiety that they may eventually be involved in an injury causing car accident, it is important to know what to do and the steps to take if you or a loved one is involved in such an incident. The following is a comprehensive guide for what to do after an injury causing car accident in mid-Missouri, with an emphasis on protecting you and your loved ones physical, emotional, and financial wellbeing.

1. What to do in the moments immediately after a car crash

Ensure everyone involved in the car accident is okay

In the immediate moments following a car crash, your top priority should be ensuring the physical wellbeing of you and your passengers. Take a deep breath and quickly assess the situation. Have you suffered a serious injury? Are your passengers okay? Are you at risk of further danger due to the final resting position of your vehicle or due to risk of possible vehicle fire or explosion? Attempt to stay calm and efficiently answer these questions.

If your vehicle is in a vulnerable position in the roadway (such as blocking traffic on a busy interstate) move your vehicle to a safe position off the roadway if possible. If your vehicle shows signs of fire or explosion risk (such as smoke coming from the vehicle), quickly exit the vehicle and move to a safe location. Assist your passengers with exiting your vehicle and moving to a safe location, as well. However, if you or your passengers have sustained a suspected serious injury to your neck or back, be very cautious about moving the position of spine of the injured person. Instead, provide support for the head so that the head, neck, and spine are in a straight line to prevent further damage.

Once in a safe location (or if your injuries leave you unable to move from your vehicle), assess the injuries to you and your passengers. If any occupant has sustained a moderate to serious injury, immediately call 911. Missouri law requires accident reporting to law enforcement if there are injuries involved, death, an uninsured motorist, or property damage exceeding $500. See. RSMo. § 303.040 . Calmy and clearly answer the dispatcher’s questions regarding where you are located, injuries sustained, etc. The dispatcher will likely provide further instructions on how to handle various injuries that you or your occupants may have sustained. For example, if you or a passenger has sustained a significant laceration or cut, you will likely be instructed to apply direct pressure to the wound with a clean cloth or gauze. If an occupant is unresponsive and unconscious, you may be instructed to begin CPR .

In any event, it’s important that once you have reached a safe location away from further danger, you immediately call 911 and closely follow the instructions of the dispatcher while you wait for emergency medical services and law enforcement to arrive.

Receive necessary emergency medical treatment, even if an injury is not immediatly present

Depending on the nature and extent of your injuries, you will either be taken from the scene via ambulance and to a hospital for emergency medical care, or you may elect to seek medical care yourself at a later time.

When given the choice, many individuals are hesitant to elect to be taken by an ambulance to a hospital or go to an emergency room themselves. Understandably, people worry about the high costs associated with emergency medical care, such as EMS/ambulance services and emergency room visits. However, if you are not at fault for causing the crash, your medical bills (including emergency care) will likely be paid for by the at-fault party or their insurance company. As such, if you believe you would benefit from emergency medical care such as an ambulance or ER visit, do not hesitate to seek such care. Sadly, insurance companies for the at-fault party often use a lack of an ambulance transport or lack of an emergency room visit as a reason why your claim should be valued less. In other words, the insurance company for the at-fault party may attempt to “penalize” you for being tough, sucking it up, or otherwise refusing medical treatment immediately following a crash.

If you choose not to receive medical treatment immediately following the crash, be aware of your body and take quick action if pain develops or symptoms progress. Oftentimes, individuals involved in motor vehicle crashes may not realize they suffered injury until hours or even days following a crash. Pain sustained from an auto accident is often delayed for various factors including adrenaline rush (a “fight-or-flight” hormone the body produces in response to increased heart rate) and delayed inflammatory response (injury to muscles, tendons, ligaments, and joints often materializes as associated inflammation increases over time).

Preserve evidence & cooperate with law enforcement

Once the immediate physical wellbeing of you and your passengers has been addressed, it’s important to begin preserving any evidence relating to your crash. Following the crash, the other driver may attempt to speak with you. If they make admissions regarding fault such as “I’m sorry” or “I was on my phone”, be sure to convey these statements to the reporting officer. Likewise, be careful not to make any admissions of fault yourself. You’ve likely heard the phrase “Any statements can and will be used against you…” in the context of criminal law, however, the same is usually true when it comes to admissions of fault in civil law as well (such as a personal injury claim). As such, while you can be cordial with the other driver, do not make any statements that you did anything wrong, and be careful to discuss the extent of your injuries (saying things such as “I’m fine” may be used against you if an injury is later discovered).

Upon law enforcement’s arrival at the scene, it’s typically fine to provide an accurate and concise recollection of what happened to the reporting officer/trooper. Again, be careful of making any admissions of fault or statements downplaying your injuries. These statements will likely be included in the officer’s report and may be used against you. If the at-fault driver made admissions of fault, be sure these are reported to the officer/trooper. Oftentimes, the at-fault party will be very apologetic, open, and honest at the scene, but will later attempt to retract their statements once they speak with their insurance company. As such, it’s important for law enforcement to note such statements in their report.

The reporting officer will typically provide you with an incident card containing the crash report incident number, the at-fault party’s name, the at-fault party’s insurance information (carrier name and policy number), and the reporting officer’s contact information. If the reporting officer does not provide you with this information, at a minimum, you should take a picture of the other driver’s auto insurance card and driver’s license.

Prior to leaving the scene (if you do not require immediate medical attention), take pictures of the crash scene. Photograph any damage to the roadway (skid marks, scrapes, paint transfers), damage to all vehicles involved, or any other damage caused by the crash (damaged guardrails, structures, buildings, etc.). If a video better captures the damage, record a quick video on your smartphone as well.

2. What to do in the days following a Missouri car crash

Contact an experienced personal injury lawyer in your mid-Missouri community

Once you have either been discharged from emergency medical care, or once you are in a stable condition at the hospital, it’s important to turn your attention towards consulting with an experienced personal injury attorney. Whether you think you need an attorney for your personal injury claim or not, a good and reputable PI lawyer will, at a minimum, provide you with a free consultation to discuss your legal rights.

While retaining a personal injury attorney may not be at the forefront of your mind in the days following an injury causing car crash, quickly speaking with an attorney has many benefits.

For one, your injury lawyer will advise you of what you can and cannot say to the auto insurance companies (including your own). Oftentimes, the insurance companies for both the at-fault party and you will call and ask you to provide a statement within a few days following a crash. The statements are typically recorded and are taken in an effort to protect the insurance companies, not you. The questions asked by the insurance companies are often leading (they want you to answer a certain way), are vague (they want you to accidentally say something they can use against you), or are otherwise not helpful for your claim.

Secondly, your car accident lawyer will want to begin collecting and preserving evidence relating to your claim. Certain evidence, such as the vehicles involved in a crash, the vehicles’ “black boxes”, and witnesses’ memories, must quickly be preserved after a crash, or they may be lost.

Finally, quickly hiring an auto injury lawyer allows you to focus on what you should be focusing on – your health and recovery. Car crashes are both physically and emotionally draining, and the last thing you need to be worrying about is the legal side of how you will be compensated for what you’ve gone through.

Work with the property adjuster for the repair or replacement of your vehicle

Depending on the advice you receive from the injury lawyer you hire, you may be permitted to discuss your vehicle’s property claim directly with the property adjuster for the at-fault party or your own auto insurance carrier.

Typically, the at-fault party’s insurance company will assign a separate property adjuster and bodily injury adjuster to your claim. While your attorney will likely instruct you not to speak with the bodily injury adjuster, your attorney may allow you to work directly with the property damage adjuster to arrange for inspection, repair, and payment of your damaged vehicle. Allowing you to speak directly with the property adjuster typically speeds up your property damage claim, which allows you to get your vehicle fixed or replaced faster. Further, there’s often not a lot of added value that an attorney adds to your property claim (your vehicle is typically worth what it’s worth).

However, prior to speaking with anyone affiliated with the at-fault party’s insurance company, wait for instructions from your attorney. There are times when your attorney may wish to handle the property claim as well, and times when your attorney will need additional time to inspect the vehicle prior to its release to the insurance company.

Follow through with all medical appointments

In the days following your injury accident, you may be required to stay in the hospital, or you may be discharged home with instructions to follow up with your primary care physician, a specialist, or another medical provider. Regardless of your specific instructions, be sure to follow through with any scheduled medical appointments. As outlined above, the insurance company will use your failure to attend a scheduled medical appointment against you in settlement discussions, arguing that your injury must not have been severe enough to warrant further treatment. Likewise, if you have been discharged without further care instructions, listen to your body for signs or symptoms requiring you to seek further care.

Stay off social media after a car accident

Oftentimes, injured claimants will understandably want to assure friends and family that they are “okay” following an auto accident. Typically, when making such posts, the injured claimant is not intending to say they didn’t suffer any injury, but rather they are simply making a casual comment meant to reassure worried friends and family that they are not going to die. However, insurance companies and defense lawyers will search for such posts and use these comments as evidence to downplay what you have gone through or the injuries you have sustained.

Similarly, avoid making posts with pictures or videos showing you participating in activities that require high physical exertion such as difficult exercises, sports, or dangerous hobbies. The viewer will not be able to discern whether you are simply pushing through the pain of your injury while doing such activities or if you are simply not injured.

3. What to do in the weeks & months following a car crash in Missouri

Your personal injury attorney will pursue your injury claim

While you are focusing on recovering physically and emotionally from your auto accident, your attorney will be at work pursuing your bodily injury claim with the at-fault party’s insurance company and/or representative. Depending on the facts and circumstances of your case, this typically includes gathering relevant evidence (photographs, accident reconstruction, medical records/bills, witness statements, crash reports, etc.), establishing liability (proving the other party was at fault), proving your damages (learning what you have gone through medically, financially, emotionally, etc.), and analyzing recoverable insurance limits and/or the at-fault party’s recoverable assets.

Ensure medical bills are submitted to health insurance

Following a third-party liability claim (such as a car accident caused by another person), medical providers may delay submitting your medical bills to your health insurance carrier and instead attempt to bill you directly or assert a lien on your personal injury claim. Medical providers may do this in an effort to recover more money than they would otherwise receive from your health insurance carrier directly. As medical providers typically have contracts with health insurance companies that outline maximum charges for certain services, medical providers are required to reduce their charged amounts considerably and accept a smaller payment when they bill health insurance companies. To get around this, some medical providers will try to recover the full amount of their charged services by billing you directly or asserting a lien on your third-party liability claim.

As such, if you begin to receive outstanding bills or learn that a lien has been asserted on your case, talk with your injury attorney as soon as possible. Often, your attorney can work with the medical provider to request that your bills be submitted to health insurance or will advise you to submit your bills directly to your health insurance carrier yourself. While you may be required to reimburse your health insurance carrier for accident-related treatment pursuant to ERISA , you will still be better off financially, as you will receive the benefit of the contractual adjustments/reductions from the charged bills.

Continue to focus on getting better

Your top priority throughout the personal injury claims process will continue to be focusing on getting better. This includes attending all follow-up doctor’s appointments, physical therapy, occupational therapy, psychiatry sessions, and any other prescribed treatment.

While there are always exceptions, your personal injury lawyer will likely want to wait until you have finished treating (or have a future medical needs assessment in place) before proceeding with settlement negotiations.

Enjoy the resolution of your claim

A personal injury claim can be a long process, often taking many months or possibly even multiple years for final resolution. As mentioned, the biggest delay usually comes with waiting for you to complete all medical treatment related to your accident prior to entering into settlement negotiations. As you only get one shot to recover full compensation for the damages you sustained in an accident, it’s important your attorney has all the information (including all medical bills) to make a proper settlement demand.

The other major delay is the nature of the court system and litigation in general. If your personal injury attorney believes it’s in your best interest to file a lawsuit, many steps must be completed prior to proceeding to a jury trial. These steps involve written discovery (questions sent to opposing party and requests for certain documents), depositions (asking the other party and witnesses to answer questions in-person and under oath), expert disclosures (hiring experts to form opinions on liability or damage issues associated with your case), pre-trial motions, and more. In mid-Missouri, some county courts require all these steps be completed before you can even request a trial date. In other mid-Missouri counties, you can request a trial date at the beginning of the lawsuit, however, trial settings are typically set at least one year out to provide enough time for the above-listed steps to be completed.

While every injury case is different, most cases will follow a similar pattern regarding the timing of settlement. A high percentage of cases are settled outside of court in the weeks following your treatment wrapping up and a demand being submitted. If the case cannot be settled pre-suit (either due to a denial of liability or a low settlement offer) your attorney will then file a lawsuit to pursue the compensation you deserve. Once a lawsuit is filed, there is often another opportunity for settlement once defense counsel for the at-fault party reviews the file. If the case does not settle at this time, the case will be worked up towards trial. Prior to trial, the parties may agree (or a judge may order) that your case be mediated. If the case doesn’t settle at mediation, the parties may proceed to trial. However, only a small percentage of total cases make it all the way to a trial – the vast majority settle at some point prior.

You Have Many Options When Choosing a Personal Injury Attorney to Represent You After a Car Accident in Central Missouri. Contact Duckworth Injury Law for a Free Consultation

At Duckworth Injury Law, we are happy to assist our clients at any stage of their personal injury claim process, but we certainly recommend that clients contact us as soon as possible following their accident. While we can often undo much of the damage done by clients attempting to handle a claim on their own and/or waiting to contact us, it certainly delays the ultimate claim resolution and often requires us to take a more aggressive approach, such as filing a lawsuit. If you or a loved one has been injured due to someone else’s negligence, don’t wait – contact Duckworth Injury Law today.

How Do I Search for a Good Mid-Missouri Personal Injury Lawyer After a Car Accident?

Wed, 07 May 2025 19:23:00 GMT

Make Choosing a PI Attorney in Mid-Missouri Easier With Guidance From the Professional Attorney at Duckworth Injury Law

If you have recently been involved in a personal injury causing incident such as a car accident, truck accident, motorcycle accident, or boating accident – after ensuring your own physical wellbeing – retaining a qualified personal injury attorney should be your top priority. But with so many personal injury law firms to choose from in central Missouri, how should an injured victim go about searching for the right personal injury attorney for their case?

While not every personal injury firm will be the right fit for every injured party, here are a few methods to go about finding the right lawyer for your case.

Follow these essential steps to find the right lawyer to handle your personal injury claim in central Missouri

1. Ask friends & family for referrals to local attorneys

If by chance one of your friends or family members has previously gone through a personal injury claim themselves, start by asking them how their experience was with the attorney they previously used. If they had a positive experience with their personal injury lawyer and believe their attorney represented their interests well, go ahead and reach out to that firm for a consultation. On the flipside, if they had a negative experience, you can likely cross that firm off the list.

Similarly, if you happen to know of a lawyer within your inner circle, reach out to him/her for recommendations for an injury attorney. The legal community is often a small network, and an attorney (even if they don’t practice in personal injury) will likely be able to point you in the direction of an honest, trustworthy, and experienced personal injury lawyer.

2. Research local personal injury firms in your community

If you do not have a previous connection to a personal injury attorney, perform a bit of online research regarding personal injury law firms in your town. When researching personal injury law firms online, look first to see whether the firm is truly local to your community. Make sure they have a physical office space in your town that is staffed by an attorney. Next, look at the attorney’s website and learn more about the firm. Does the website show that they handle injury claims similar to your own? If not, or if they appear to be a jack of all trades, consider other firms. Finally, read reviews of the firm from past clients. Usually, law firms will have reviews posted on their Google Business Profile. If a firm has a lot of negative reviews, or if you have any concerns after reading their reviews, look for another lawyer. Also, check to see that the firm you are considering has previous trial experience. Regardless of whether your particular case will end up going to trial, insurance companies tend to pay higher values on claims in which they believe an attorney is willing to take the case to trial if necessary.

3. Check the Missouri Bar’s “Lawyer Search”

In Missouri, the Missouri Bar maintains a “Lawyer Search” function that allows prospective clients to search for lawyers that are currently accepting new clients. The Missouri Bar’s Lawyer Search further allows clients to search for a lawyer with filters such as practice area, city, county, zip code, and even language. Similar to the above, after running a Lawyer Search on the Missouri Bar’s website, be sure to research the firms listed. Check out the lawyer’s website, read reviews, and don’t hesitate to meet with the attorney in person prior to hiring them. The Missouri Bar’s Lawyer Search function can be accessed below.

Understand what to avoid when looking for a personal injury attorney in Missouri

In addition to researching the above, be cautious of hiring a lawyer for your personal injury claim if:

1. The Lawyer is Not Experienced in Personal Injury Law

Personal injury claims can often be extremely complex claims to handle, requiring knowledge of medical treatment, lien statutes, civil procedure, trial practice, compensable damages, and much more. Hiring an attorney who handles additional practice areas other than personal injury law may result in a lawyer who only dabbles in personal injury law. The reason you wouldn’t want your primary care physician to perform your shoulder surgery is the same reason you shouldn’t hire a “jack of all trades” attorney to handle your personal injury claim.

2. The Lawyer Promises a Specific Settlement Amount

The specific value of your settlement or judgment amount depends on numerous factors, including your past/future medical bills, past/future lost wages, and past/future pain and suffering (among other factors). Insurance coverage and recoverable assets of the at-fault party will also play a factor in your recovery. Many of these items will not be fully known until several months following your accident. As such, a lawyer who promises a set settlement amount shortly after your accident is doing so without the necessary information to make an accurate prediction, and you should be cautious of an attorney willing to do so.

3. The Lawyer Charges Excessive Fees

Typically, in a personal injury claim lawyers work on a contingency fee model, meaning you pay the attorney’s fees from the gross recovery (if there is no recovery, you pay no attorney’s fees). In mid-Missouri, customary attorney’s fees on a personal injury claim are between 30-40%. If you meet with an attorney who is charging by the hour or who is requesting fees in excess of 40%, you may want to consider other options.

Choosing your personal injury attorney is a personal decision. Make an educated decision with assistance from Duckworth Injury Law

In summary, there are many different ways to search for the best personal injury attorney to handle your accident case. Start by asking friends, family members, or attorneys you know for a referral. Next, conduct online research regarding personal injury firms practicing in your community. Finally, check the Missouri Bar’s Lawyer Search for additional options regarding personal injury lawyers accepting new cases in your area. However, be cautious of hiring a lawyer who does not focus on personal injury law, that promises a certain recovery, or who charges excessive fees.

If you or a loved one has been injured due to someone else’s negligence, please contact Duckworth Injury Law today for a free, no-obligation, case evaluation. Even if we’re not the right personal injury firm for you or your loved one, we’re happy to provide you with recommendations of other lawyers to handle your claim.

Should I Hire a Personal Injury Lawyer Who Advertises on TV?

Wed, 30 Apr 2025 21:19:18 GMT

Learn How To Make The Right Choice When Choosing a Personal Injury Attorney To Represent You In Mid-Missouri

In the personal injury legal space, there are many firms competing for a limited number of injury cases. To differentiate from one another, firms must market their services to the public. One method of marketing that receives mixed reviews from the general public is personal injury television advertising. But should you avoid hiring a personal injury lawyer simply because they advertise on TV? The answer: It depends.

How to Tell the Difference Between a “Settlement Firm” & a Personal Injury Law Firm You Can Trust

Perhaps the greatest stereotype of personal injury firms that advertise heavily on television is that they are “settlement firms”. A settlement firm is often characterized as a personal injury firm that signs up as many cases as possible and then turns around and settles those cases with the insurance company as quickly as possible. While efficiency in resolving your injury claim is not necessarily a bad thing, settling your claim as quickly as possible usually comes at the expense of your recovery. In other words, it’s difficult for your lawyer to obtain maximum compensation on your claim when their primary focus is on resolving your claim as fast as they can so that they can move on to their next claim. You can think of settlement firms as the “fast food” option of personal injury law firms. While you’re sure to get a quick meal, it will likely leave you wanting more and/or regretful for your decision in the first place!

While certainly not every personal injury firm that advertises heavily on television falls into the settlement firm stereotype, there are still more than enough firms practicing this business model to keep this personal injury TV advertiser stereotype alive. So, what can you do to ensure that your injury firm does not fall into the hands of a settlement firm?

Treat finding a lawyer like hiring an employee by meeting with them & asking targeted questions about their experience fighting personal injury cases in mid-Missouri

(1) Meet with your potential lawyer in person: If they refuse to meet in person, or if they push you to sign a contract prior to having the chance to meet them, they may be a settlement firm.

(2) Ask these questions:

Which attorney will be handling my claim? If they can’t give you an answer, odds are your claim will be dumped off to a new lawyer or paralegal.
How long will this process take? Personal injury claims take time. If they guarantee quick payment, look out.
Will you file a lawsuit if necessary? Your lawyer should not be afraid to file a lawsuit on your behalf if you receive a low-ball offer.
How many other clients will my attorney be representing? If your attorney is handling hundreds of other clients’ claims at the same time as yours, that should be a red flag.

In short, while there is no black and white answer as to whether you should hire a lawyer who advertises on TV, you should do your due diligence prior to hiring such a lawyer. While there are many terrific personal injury lawyers who advertise heavily on TV, there are many others who are simply operating “settlement firms” and who will compromise your claim for a quick buck. To ensure you hire the right attorney for your claim, we encourage you to meet with your potential attorney in person and ask them pointed questions regarding your claim.

Duckworth Injury Law offers free, no-obligation claim reviews to make the process of finding a personal injury lawyer a little easier in Missouri

If you or a loved one has been injured due to the negligence of another person or entity, don’t hesitate to reach out to Duckworth Injury Law for a free, no-obligation, case evaluation. We never compromise when it comes to obtaining maximum compensation for our clients’ injury claims, regardless of how much effort that requires.

What Qualities Should You Look for to Hire the Best Lawyer for Your Mid-Missouri Personal Injury Case?

Tue, 22 Apr 2025 16:17:45 GMT

Learn How to Find the Right Personal Injury Lawyer to Take On Your Personal Injury Case in Central Missouri

If you’ve been injured in Columbia, Fulton, Jefferson City, Lake of the Ozarks, Moberly, or any other mid-Missouri community, due to the negligence of another person, it will almost certainly be in your best interest to hire a personal injury attorney to represent you in your personal injury case. However, knowing that you should hire a lawyer is one thing; knowing what qualities you should look for in your personal injury lawyer is another. To help with your search in finding the best lawyer for your particular personal injury case, we’ve provided a list of key qualities to look for in your potential attorney.

What to Look for in an Attorney Before Hiring Them to Fight Your Mid-Missouri Personal Injury Claim

1. Location of Your Lawyer

“Location, location, location.” It’s a phrase used often in the real estate industry, but it’s also a phrase you should keep in mind when selecting your personal injury lawyer. To begin, you will need to look for a lawyer who is licensed to practice law in the state where your injury occurred. If you were injured in Missouri, you can check to see if your potential lawyer is licensed in the State of Missouri by checking the Missouri Bar’s “ Official Missouri Directory of Lawyers ."

Next, even if your potential lawyer is licensed to practice in the state where your injury occurred, you should look to see if the lawyer is local to your community and has experience practicing in the county where your case is located. Different county courts have different local rules on how cases should be brought before them, and your lawyer’s knowledge of these local rules will affect the efficiency of moving your case forward.

Finally, hiring a local attorney allows you to meet with your lawyer in person, potentially saving you case expenses as your case proceeds forward with discovery and deposition.

2. Knowledge and Experience in Personal Injury Law

Personal injury law is perhaps the most saturated area of law in the legal market. As such, many firms and lawyers will claim to handle personal injury cases when asked. However, for many of these firms and lawyers, personal injury law is not their primary practice area. With how quickly statutes and case law change in personal injury law, it’s important to select a lawyer who is knowledgeable of the current personal injury landscape. To do so, look for a lawyer who focuses on personal injury and wrongful death law, rather than a “jack-of-all-trades” attorney.

3. Track Record of Success

Like looking for an experienced personal injury lawyer, you should investigate your potential lawyer’s track record in handling personal injury cases. Has the attorney ever tried a lawsuit to a jury? How often does the lawyer file suit on a personal injury case? If the lawyer has never tried a personal injury case, or if they rarely file personal injury lawsuits, they are likely not the best lawyer for your injury case. Further, while past results afford no guarantee of future results on your case (as every case is different), your potential lawyer should be able to provide a list of prior successful personal injury cases that align with the general facts of your case.

4. Attorney’s Fees Charged

Most personal injury firms work on a contingency fee basis, which typically means you only pay attorney’s fees if your claim results in a monetary recovery. In other words, if you lose your case, you do not owe any attorney’s fees. However, the percentage of the contingency fee can vary across different personal injury firms. In Missouri, attorneys’ fees typically range from 33-40 percent. Oftentimes, attorney-client fee agreements will include an escalating fee clause where the fee increases depending on when your case is resolved. For example, a common Missouri attorney-client fee agreement requires payment of 33% of your gross recovery if your case is resolved prior to a lawsuit being filed and 40% of your gross recovery if your case is resolved after a lawsuit is filed. If your potential Missouri personal injury attorney is requesting fees more than 40%, you may want to consult with other attorneys.

5. Your Lawyer’s Role in Your Case

When meeting with your potential lawyer, another important quality to investigate is the role your lawyer will play in your case. Specifically, it’s important to learn whether the attorney you are meeting with will be the attorney assigned to your case, or whether another attorney at the firm will be handling your case. If your potential lawyer is unable to answer this question during your consultation, there’s a chance your claim will be assigned to a different attorney. Even if your potential lawyer claims they will be the lead attorney on the case, inquire about whether there will be an associate attorney or paralegal assigned the case. The more other individuals involved in your case, the greater the odds your potential lawyer will have a smaller role in the day-to-day work on your case.

Duckworth Injury Law proudly serves victims of personal injury & wrongful death in mid-Missouri. Contact us today

If you or a loved one has been injured due to someone else’s negligence, please contact Duckworth Injury Law today for a free, no-obligation case evaluation. Our personal injury attorney would love to have the opportunity to explain the qualities our firm brings to the table in representing you on your claim. Duckworth Injury Law is local to mid-Missouri, and all the firm handles is personal injury and wrongful death cases. Attorney EC Duckworth has a proven track record of successful claims, the firm charges a customary attorney’s fee, and every case is personally handled by lawyer EC Duckworth. Please don’t hesitate to reach out today.

What Is My Mid-Missouri Injury Claim Worth?

Fri, 11 Apr 2025 14:36:21 GMT

Duckworth Injury Law Is Sharing Our Knowledge Regarding the Value of a Variety of Personal Injury Claims in Mid-MO

At Duckworth Injury Law, we handle personal injury cases across mid-Missouri, including the communities of Columbia, Moberly, Mexico, Fulton, Ashland, Sedalia, Jefferson City, and the Lake of the Ozarks, among many others. When meeting with accident victims across the area, perhaps the most frequent question we receive when meeting with a potential client during a personal injury claim consultation is: “What is my injury claim worth?” And it’s a great question! After all, money is often the only remedy we can pursue on behalf of a personal injury or wrongful death claimant.

However, the answer to that question is often complex, depending on a number of different factors. While we can likely provide you with a broad range regarding the valuation of your mid-Missouri injury claim at the initial consultation, your specific recovery will depend on many factors, including: the extent and severity of your injuries, past and future medical treatment, past and future lost wages, past and future pain and suffering, where your accident occurred, what assets are held by the defendant, and how much insurance coverage is available (among other factors).

The Value of a Personal Injury Claim Will Depend on Many Factors. Understand How an Injury Claim Is Valued With Duckworth Injury Law

While some of these factors will be known in the days following an accident, many others will take weeks to months to develop and/or be discovered. As such, the more information that is gathered regarding your claim, the more accurate an evaluation we can provide you regarding the value of your injury claim.

Once the value of your injury claim is established (typically done by adding together all compensable damages you are legally entitled to – medical bills, lost wages, pain and suffering, etc.), we must then evaluate whether any other factors should affect that valuation. For example, if you are partially at fault for causing the accident, your claim value may be reduced by the percentage of fault that you share (this is called pure comparative fault in Missouri). Or, if the at-fault party’s actions were particularly egregious – such as if the at-fault party was intoxicated at the time of the crash – your claim value may be enhanced and/or you may be eligible for punitive damages.

Personal injury compensation in mid-Missouri will depend on how much can be recovered from the at-fault party’s insurance coverage limits

Finally, we must compare the value of your claim to the amount of money that is available for recovery. In a best-case scenario, your total claim value will be equal to or less than the liability insurance coverage limits of the at-fault party. In those situations, we will be able to recover the full extent of your damages from the at-fault party’s insurance carrier. In cases where the value of your claim exceeds the liability insurance coverage of the at-fault party, other steps must also be taken. This typically includes investigating assets held by the at-fault party that could be recovered via judgment, looking into any underinsured motorist coverage under your own auto insurance policy, and possibly filing a Tort Victims Compensation Fund application with the State of Missouri.

In short, a mid-Missouri claim valuation relies on numerous different factors, many of which must be evaluated by an experienced injury attorney to be properly assessed. If you or a loved one has been injured due to someone else’s negligence, please contact Duckworth Injury Law today for a free, no-obligation, case evaluation, where the value of your claim can be discussed in greater detail.

Mid-Missouri’s Newest Personal Injury Law Firm – Duckworth Injury Law

Fri, 04 Apr 2025 17:02:39 GMT

Missouri Families Can Trust Duckworth Injury Law to Represent Them in Cases of Personal Injury or Wrongful Death

Welcome to Duckworth Injury Law! My name is EC Duckworth, and I am the founder and managing attorney of Duckworth Injury Law. My law firm is based out of Columbia, Missouri and focuses on personal injury and wrongful death law. Duckworth Injury Law was created to fight for the great people of the State of Missouri who have suffered serious accidents resulting in catastrophic injury or death.

I grew up in the Ashland/Hartsburg, MO area, having attended Southern Boone County HS. I then attended the University of Missouri for both my undergraduate and law degrees. In law school I was a member of the Missouri Law Review and ultimately graduated in the top 10 of my class. After law school, I worked for a prominent civil defense firm in Kansas City, MO, learning the ins and outs of how serious injury claims are defended by large corporations. However, I quickly discovered my passion was not in defending claims but was instead in representing victims and their families. As such, I’ve spent the rest of my career to date representing plaintiffs against negligent individuals, entities, and their insurance companies. After working for established personal injury plaintiffs’ firms in both Kansas City and Columbia, Missouri, I ultimately decided to start my own personal injury firm – Duckworth Injury Law – right here in mid-Missouri.

Duckworth Injury Law is a mid-Missouri law firm focused on advocating and fighting for the people of Missouri. While there is no shortage of law firms to choose from when it comes to your personal injury claim, very few have roots that run as deep as mine do in our community. Mid-Missourians are currently being flooded with legal advertisements from an array of out-of-town lawyers. Oftentimes, these lawyers have no physical offices in our community, have never tried a case in our community, and certainly do not live and participate in our community. As such, these firms often settle cases as quickly as possible without any intention of getting to truly know you, your claim, or your claim’s true value.

At Duckworth Injury Law, Our Mission Is to Change the Status Quo. We Are From Missouri; We Are for Missouri. Simply Put, We Are Missouri’s Injury Law Firm.

If you or a loved one have been injured due to the negligence of another person or entity, don’t risk your case to the hands of an out-of-town attorney whom you will likely never even meet. Instead, consult a local, experienced attorney to ensure your claim is properly evaluated and that you are fully compensated for all of your damages. I’ve successfully resolved hundreds of injury cases, I personally handle every one of my clients’ cases, and I will always shoot you straight (even if that means my firm not taking on your case). I look forward to continuing to represent the people of mid-Missouri for many years to come.

Attorney/Founder,

EC Duckworth – Duckworth Injury Law