mylegalworld.com is the web site for the St. Louis, Missouri based law firm of         

 PEDROLI & GAUTHIER


WE ARE YOUR PERSONAL INJURY LAWYERS.

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Cellular/Cell Phone Accidents

Cellular phone usage while operating a motor vehicle is the subject of great debate and controversy today. Are you the victim of a distracted driver who was using a cell phone instead of directing their attention to the task of driving their motor vehicle? Whether or not your state of residence officially bans the use of cellular phones while driving , or whether a ticket was issued under this ban or for otherwise operating a vehicle while distracted, we will pursue such driver vigorously if they were on the phone while driving. In our cases, we have obtained cell phone account records and pursued claims for punitive damages alleging that the use of a cell phone while driving is reckless conduct. Contact us if you have any questions or if you are a victim of a distracted driver.

Recent Press Release

5-1-08, See Official Press Release, regarding the settlement of the claim of the tow truck driver who was struck by St. Louis Cardinals pitcher, Joshua Hancock. The Hancock Family's claim against the tow truck driver was the subject of national and local media coverage.

ABOUT US

We are a St. Louis, Missouri, law firm located in Clayton, Missouri, the county seat for St. Louis Missouri. We are located near the center of the St. Louis metropolitan area. We are located one block from the Missouri Circuit Court for the County of St. Louis, 10 minutes from the Missouri Circuit Court for the City of St. Louis, and 15 minutes from Illinois. A substantial area of our practice relates to the representation of people who have claims which involve “MEDICAL-LEGAL” matters. When we say “medical-legal” we mean the application of legal rights to medical conditions resulting from the conduct of others.  These include any physical or psychological damages which another party causes and for which there is a legal obligation to compensate. These legal rights and medical damages are diverse and include but are not limited to some of the areas below.  When a client is injured we will search for evidence to support the physician’s opinions on medical causation through the use of medical texts, peer reviewed medical studies and published medical research in medical journals.  We focus upon the function of the various parts of the anatomy, be it disc, muscle, ligament, tendon, nerve, facet joint, meniscus, brain stem, spinal cord, cerebral matter, neurons, organs and senses.  Our knowledge about how the body works helps us prosecute your claim.  Whatever evidence is necessary and relevant to proving and supporting a case, we will seek. For the types of cases we handle and some successful results, see our past experiences. For more About Us click here.

TORT REFORM

Corporations and insurance companies want to pass laws ending or limiting contingency fees so that only the rich can afford good lawyers.  Those who attack trial lawyers know that we are the only remaining effective lobby force protecting consumers of medical and other services and goods in our society.  Don’t let your rights be limited by scare tactics.  TORT REFORM allows defendants to make a big mess but to be responsible for only part of their mess.  Good Mothers and Fathers teach their children to clean up their whole mess, and to be fully responsible for all of their conduct.  Therefore, TORT REFORM is wrong because it allows some of us to avoid responsibility for their conduct.

One way that the tort system is being attacked is by misinformation. Big corporations, insurance companies and their lobbyist are selling a bill of goods to the public when they attack the civil justice system with misinformation. What is happening, is legal jury tampering. Fictitious cases on the internet, and false and misleading information about true cases is circulated for this purpose, but the TRUTH is available. Truth about McDonald's Coffee Case, and other infamous and false cases.

A new study on rising insurance rates, dropping claims and dropping claim payments, reveals that insurance companies are gouging the medical profession while creating an argument that frivolous lawsuits are to blame. This study was based upon insurance data provided to the various states and was authored by a former State of Missouri Insurance Commissioner. Calls are made for investigation and regulation by two State Attorneys General and a State Insurance Commissioner. When the insurance industry is gouging the medical profession those costs are passed on to the consumers, us. See study here.

Allstate fined $25,000.00 per day for failure to comply with Missouri Court's Order requiring the release of their claims handling policies in suit by policy holder claiming, what we at Pedroli and Gauthier believe is already obvious, that Allstate treats their own policyholders poorly to the profit of Allstate. The fine is over $4,000,000.00 as of April 2008. Florida suspended Allstate from writing new auto policies for its refusal to produce these records in Missouri according to The Countian, a St. Louis County publication, April 10, 2008.

There are many ways that the insurance industry and medical lobbies are influencing state legislatures to limit recoveries and access to the Courts with Tort Reform measures. See these. Many other procedural measures (barriers) adopted in Missouri and other states substantially and unnecessarily increase the litigation costs, thereby altering the risk/benefit equation for pursuing these cases. These measures may not only prevent many injured people for obtaining full redress for their just claims, but prevent attorneys from taking these cases in the first place because the costs are higher, the risks are greater and the potential reward is lower. So what may sound reasonable at a glance, may close the courthouse doors to many victims.

When we consult with clients in medical malpractice and injury cases, we explain all options (the good, the bad and the ugly) so that the client can fully understand the situation. We take most medical malpractice cases on a contingency contract where we front all costs and the client does not have to pay back if the case is not won. This takes the fear out of the equation for the client. For more Tort Reform click here.

IN THE NEWS

We were recently involved in successfully defending a tow truck driver who was sued by the family of St Louis Cardinal’s pitcher Josh Hancock.  Our strategy, which was closely followed by the local and national media, caused the lawsuit to be dismissed and the claim discharged by the Hancock Family.  This case was the subject of national and local news media coverage. Although we attacked the case a frivolous, in radio interviews, Kmox Interview of June 20, 2007, Mr. Pedroli explained how this case should not reflect upon other legitimate cases in the civil system. 

Several of our cases have garnered media coverage including an assault settlement against an international celebrity singer (AP) ; the only wrongful death verdict against a University City Police Officer for excessive force; a verdict against the City of St. Louis for negligent traffic engineering; cases against H & R Block for abuse of process; cases against a local hotel for multiple drowning deaths in its swimming pool; and a judgment against the Missouri Department of Transportation for a dangerously designed entrance ramp onto I-270 from Dunn Road (exclusive FOX 2 story). We have been interviewed on television news and various local radio programs about various cases throughout the years including other civil rights and sex discrimination cases. Mr. Pedroli was recently featured on Fox2 News regarding his cases against City Museum. Also a story ran in the local media on our case regarding a dangerous road in DeSoto, Missouri involving a 50 foot cliff next to 2nd Street that is still not guarded. For more In the News click here.

 ATTORNEY’S FEES

We almost always accept clients on a contingency fee in personal injury cases so that you can hire us without paying an hourly fee.  This means that we talk with you for FREE.  If you are physically unable to come to us, hospital or house visits can be arraigned. 

MEDICAL MALPRACTICE

   "BREAKING NEWS 2007 RECORD MEDICAL MALPRACTICE SETTLEMENT
We have achieved the largest Missouri Medical Malpractice Settlement for 2007.  This is according to the Missouri Lawyer's Weekly survey, ( Missouri Lawyer's Weekly is a weekly publication for the legal profession).  Our Settlement is well over two times more than the top reported medical malpractice settlement for the entire State of Missouri, in this publication's annual largest reported verdicts and settlements issue. Every year Missouri Lawyer's Weekly reports the Top Settlements and Verdicts in Missouri by surveying the members of the bar.   According to the January 28, 2008, issue of Missouri Lawyer's Weekly, the largest reported Missouri medical malpractice settlement for 2007, was Two Million Dollars.  Due to confidentiality agreements with the defendants and their insurers in our record case, our 2007 medical malpractice settlement could not be submitted to Missouri Lawyer's Weekly. However, our 2007 Medical malpractice settlement was FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00), well more than double the highest reported Missouri medical malpractice settlement reported in 2007.  The information regarding this case is contained in the Past Experiences section of this site, and discloses that limited information which was specifically permitted to be disclosed only on the internet by the parties in this case. END OF BREAKING NEWS."

We handle medical negligence (malpractice) cases resulting in death or serious permanent injuries including but not limited to cases involving: birth injuries, cerebral palsy, bariatric (weight loss gastric bypass) surgery, nursing homes, psychiatric hospitals, vascular damage, infections, strokes, drug reactions, surgical errors, plastic surgery, orthopedic surgery, gynecological surgery, sexual assaults on patients, patient falls, emergency room, facial and sinus surgery, nerve injuries and etc. 

We are equipped to handle all areas of medical negligence cases.  We have successfully tried and settled failure to diagnose cases as well as cases involving operative errors and post operative errors.  We have settled several bariatric claims for over $1,000,000.00. AS MENTIONED ABOVE, IN ONE RECENT WRONGFUL DEATH CASE AGAINST A SURGEON, A BARIATRIC HOSPITAL AND ITS WEIGHT LOSS PROGRAM THE SETTLEMENT TOTALED $4,500,000.00 AND WAS REACHED AFTER DISCOVERY WAS COMPLETED AND WITHIN MONTHS OF TRIAL.  SEE THIS CASE AND OTHERS IN THE Past Experiences SECTION. The information that we are allowed to provide regarding this case is subject to a limited confidentiality agreement, which does allow the particular disclosures contained in this site.  We have access to top experts in their respective medical fields.  We handle cases involving nursing, chiropractors, medical doctors, physical therapists, dentists and substantially all areas of the health profession.  For more information go to our medical negligence page and our past experiences page.  For more Medical Malpractice click here.

MEDICAL NEGLIGENCE CASES CAN INVOLVE INVESTMENTS OF LARGE SUMS OF MONEY AND TIME.  IT IS IMPORTANT TO HAVE A LAW FIRM WITH RESOURCES AND A TRACK RECORD TO GO AGAINST BILLION DOLLAR HOSPITALS AND INSURANCE COMPANIES.  CHOOSE WISELY.

Tractor Trailer/18 Wheeler Accidents

We have been handling cases for our clients who were involved in accidents with the commercial trucking industry (common carriers). These commercial vehicles are also know as 18 wheelers, tractor trailers, commercial trucks, and bobtailing tractors( when not pulling a trailer under lease). We have handled several such claims against large waste trucks as well. We are familiar with the industry standards, the new trucking location technology and the United States Department of Transportation rules and regulations controlling the industry. In the cases we handle, we examine issues relating to driver's logs, truck maintenance records, safety inspections, drug and alcohol use and computer speed records. We have access to industry expert witnesses and accident reconstruction engineers where these services are needed to present the case. We have several verdicts and settlements against big trucks for in excess of a million dollars. If you are involved in an accident with an 18 wheeler or other commercial truck, contact us immediately as time is critical for a good investigation. Remember, the trucking industry reacts instantly to a serious accident with investigators and industry friendly accident reconstructionists. See our Past Experiences. For more Tractor Trailler Accidents click here.

WORKERS COMPENSATION

We handle ANY AND ALL workers’ compensation injuries including: repetitive stress (carpal tunnel syndrome); psychological stress; burns, amputations, dental,  cardiac stress; pulmonary impairment; reactive airways disease; traumatic brain injuries; back and disc injuries; knees, shoulders and other joint injuries and occupational conditions; and scarring injuries.  We have won and settled permanent total disability claims.

Since August of 2005, when the new workers’ compensation laws became effective in Missouri, we have seen an ever increasing number of proper and legitimate claims be denied by insurers prior to the worker hiring our firm.  These laws were pushed through by the large and effective insurance lobbies, passed by the Republican Legislature and signed by Governor Matt Blunt.  Today we are fighting for medical treatment and compensability for our clients in claims that were never or rarely disputed in the past.  If you are told that you’re injury is not compensable and you need to obtain your own medical treatment, CALL US IMMEDIATELY as your claim may be harmed without legal advice.  We have handled and won multiple workers’ compensation cases in the appellate courts.  BEWARE OF AGGRESSIVE UNSCRUPULOUS ADJUSTORS.  IT IS ILLEGAL FOR AN EMPLOYER TO RETALIATE AGAINST ANYONE FOR EXERCISING THEIR WORKER’S COMPENSATION RIGHTS.

You may also have a civil case against a third person or corporation in addition to a worker’s compensation case for one injury.  This is a complicated area of the law.  Since we are not one of these “exclusive worker’s compensation” law firms, we will represent you in the WORKER’S COMPENSATION claim as well as the third party civil case. For more Workers Compensation click here.

ON THE ROAD

We handle motor vehicle and pedestrian accident cases including cases involving post traumatic stress, wrongful death, traumatic brain injuries, burns, fractures, injury to joints and cartilage, nerve entrapment injuries, internal injuries and neck and back soft tissue injuries.

We have handled many unsafe road traffic engineering cases.  ONE SUCH CASE BROUGHT AGAINST THE CITY OF ST. LOUIS RESULTED IN A $1.9 MILLION RECORD VERDICT FOR A PERSON OVER 70 YEARS OLD (SEE PAST EXPERIENCE).  ANOTHER RECENT TRAFFIC ENGINEERING CASE INVOLVED THE DANGEROUS I-270 ENTRANCE RAMPS IN NORTH ST. LOUIS COUNTY, AND WAS THE SUBJECT OF LOCAL TELEVISION COVERAGE ON FOX 2 NEWS.  A judgment was entered against the Missouri Department of Transportation holding that a particular crossover ramp is dangerous.  It is still dangerous at the time of this publication. In 2008, we settled a case against a road construction general contractor, R.V. Wagner and a local municipality for creating a dangerous condition in an open road during a phase of road renovation. The case settled for $158,600.

IMPORTANT FACTS:  IF YOU HAVE LIABILITY INSURANCE AND YOU OR A FAMILY MEMBER WHO LIVES WITH YOU ARE INJURED BY A HIT-AND-RUN VEHICLE OR A VEHICLE WITH NO (OR NOT ENOUGH) INSURANCE TO COVER YOUR LOSS, THERE MAY BE UNINSURED OR UNDERINSURED COVERAGE AVAILABLE.  CONTACT US IMMEDIATELY. For more On The Road click here.

PRODUCT LIABILITY

We have successfully handle all product liability injuries (caused by manufactured goods · appliance, automotive, roller skates, toys, rv’s, seatbelts, airbags, tools, fireworks and seatbelts) for injuries/death including blindness, scalds, amputations, spinal cord injuries, paralysis, hearing loss, spinal cord injuries and electric shock injures.  WE MAY BE ABLE TO RECOVER FOR YOU EVEN IF THE PRODUCT WAS MANUFACTURED IN A FOREIGN COUNTRY.

We have successfully pursued and are pursuing cases against medical devise manufacturers; trampoline and gymnastic mat manufacturers; custom motorcycle (chopper) manufacturers; automobile manufacturers; battery manufacturers; toy manufacturers; home appliance manufacturers; and dog leash manufacturers.  IF YOU WERE HURT BY A PRODUCT CONTACT US IMMEDIATELY. For more Product Liability click here.

PREMISE LIABILITY

If an injury arises from the condition of property owned by another, the theory of liability is generally known as premise liability.  Some examples of  premise liability cases are (slip and fall cases; assaults on commercial property; dram shop cases; architectural and premise design induced accidents; landscaping design cases; and attacks or injuries caused by domesticated animals including dog bites.) The injuries include drowning, wrongful death, electrical shock, paralysis, fracture, sprains, and many of the above listed injuries. 

WE HAVE SUCCESSFULLY PURSUED A WRONGFUL DEATH CASE (MURDER BY ANOTHER CUSTOMER) CASE AGAINST MCDONALDS FOR INADEQUATE PATRON SECURITY WHICH RESULTED IN A $1,000,000.00 VERDICT.  WE HANDLED FOUR CASES AGAINST A LOCAL HOTEL FOR DEATHS AND BRAIN INJURY IN THE SWIMMING POOL.  THESE INCIDENTS WERE BOTH COVERED BY THE LOCAL MEDIA AND RESULTED IN SEVERAL SETTLEMENTS INCLUDING TWO IN EXCESS OF $1,000,000.00.  We made new law at the appellate court level in a case against a travel agent for his culpability in failure to warn its customers of known damages at the chosen hotel.  This case was top news in the travel agent journals.  We made new law in the appellate court against dog owners involving leash ordinances. We have successfully settled and tried several dog attack cases. For more Premise Liability click here.

MOVING VIOLATIONS

We also have a traffic law and criminal law section to assist many of our current and past clients. We can often resolve your ticket or ordinance violation without points and often without a court appearance or office visit.

MORE ABOUT US

There are many other areas of law which we pursue, including insurance coverage disputes pertaining to homeowner and insurance claims and other insurance law issues, builders’ liability, commercial litigation and professional malpractice. We succeeded in a case against the Missouri Insurance Guarantee Fund, having the Court enter judgment for the Fund’s limits of liability on a child’s claim and the derivative claim of her mother arising from the same injury.  We pursue, litigated and settled several discrimination claims.
Our firm is a litigation firm. We are licensed in Missouri and Illinois.  We have acted as legal counsel in civil cases filed in Courts from Kansas City and Springfield, Missouri, to Peoria and Decatur, Illinois.
We have or are currently representing clients as co-counsel in cases filed in Florida, Texas, Minnesota and California, in addition to our home states of Missouri and Illinois.

We have represented clients in worker’s compensation claims all over Missouri and Illinois. We have argued cases before the Labor and Industrial Commission, the Missouri Court of Appeals for the Eastern District of Missouri, Illinois Court of Appeals for the Fourth and Fifth Judicial Circuit, the Supreme Court of Missouri, the Supreme Court of Illinois, and the Federal Eight Circuit Court of Appeals. We have presented issues and filed Writs in THE SUPREME COURT OF THE UNITED STATE OF AMERICA. We are licensed to practice law in THE STATE OF MISSOURI, STATE OF ILLINOIS, THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, THE FEDERAL EIGHTH CIRCUIT COURT OF APPEALS and THE SUPREME COURT OF THE UNITED STATES OF AMERICA.

Just because we regularly file lawsuits does not indicate that we do not make every reasonable effort to resolve claims prior to filing suit when appropriate. Our firm evaluates claims through a complicated formula which is not purely mathematical.  We analyze the jury verdict potentials based upon an assessment and blending of many factors, including: liability; status of parties; venue of the case; quality of the witnesses; the reasonable value of the damages; and many other factors.  This process is our trade secret, work product and stock-in-trade. We make every effort to obtain the advice and opinions of health care professionals regarding physical disabilities and prognosis. We do not evaluate claims based upon what insurance adjusters are willing to offer and what some other attorneys may recommend to clients.  We customarily spend whatever funds it takes on our client’s case to positively increase the value of the case.  Sometimes this runs into the thousands and tens of thousands of dollars.
If we must go to trial for the resolution of your claim, not only do we make every reasonable effort to obtain and put before the jury all favorable evidence, but also we attempt to professionally choreograph your trial using live or video taped medical and expert testimony as well as other key testimony. We regularly enlarge photographs and regularly provide the jury with evidence through a projector with use of the program Power Point. We also subpoena favorable witnesses and use enlarged physical exhibits and demonstrative aids to assist in the presentation of your claim. We strive to make informed recommendations regarding the conclusion of your claims, but our clients control their own destiny.

We do not pay to advertise in the mass media, including: television, cable, radio or newspaper. The vast majority of our current clients have been referred to us by previous clients and their friends and family as well as other attorneys who do not concentrate in our areas of practice. Therefore, we have a real stake in the continued satisfaction or our clients. Our reputation is our future.  Word of mouth is our bread and butter.  For these reasons, mylegalworld.com should be your first stop for your legal needs.

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