Missouri Medical Malpractice Laws

They call them man’s best friend, but sometimes dogs cause more harm than good. If you or a loved one has been bitten by a dog, there are a couple things that you need to do immediately to protect your rights. One is to contact the authorities, police department or animal control, and fill out a report. Another thing which is very important is to find out and identify the owner of the dog. It doesn’t do any good to call an attorney, it doesn’t do any good to call the police if you don’t know who owns the dog that bit you. If you or a loved one have been bitten by a dog, contact us, call us on the number on your screen, or visit us through the Internet. I’m happy to answer your questions without any cost or obligation. Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

When you’ve been in a crash with a drunk driver, you need a Missouri personal injury lawyer to protect your rights, because your insurance may come into play. His may not be enough, and you need someone that knows the law, and will pursue those cases aggressively. They’re not open-and-shut just because the other driver was drinking.

I remember a case, many years ago, where a drunk was aggressively driving, and racing someone else. Blew through a red light, and hit my client’s car in the side. The impact was devastating. His– when I first met the young man, his face didn’t even look like a human face, because of all the swelling, and all the injuries he sustained. But we were fortunate to be able to help him in that situation, and were very creative in finding enough coverage to try to help him put his life back together.

You wouldn’t think so, but a drunk driver in Missouri who’s hurt somebody with his first offense, even if it causes a death, may not go to prison, may get probation. Part of what civil law does, and what a Missouri personal injury lawyer does, is help hold these folks accountable for the damages they cause, make them pay for the beautiful vase that they’ve broken, or the beautiful life that they’ve destroyed. If you don’t hire a Missouri personal injury lawyer after you’ve been in a car crash, you’re at the insurance company’s mercy. And they are there – and they’re generating profits for their shareholders – not by paying folks like you who have been hurt, but by paying as little as possible on claims. They’ve got professionals on their side, and if you don’t have a Missouri personal injury lawyer fighting for you on your side, you’re going to take the crumbs that they feed you. When you’ve been hurt, and the bills are racking up, you don’t have to pay a lawyer out of pocket to represent you in your injury case. Call my office, and if we can help you, we won’t charge you anything until the end of your case, if we’re successful for you.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

I got a call from a lady the other day who wanted to know how her medical bills were going to be paid after her injury.

Injury Law News brought to you by the S.E. Farris Law Firm.

I’m Spencer Farris and I represent injury victims in the state of Missouri. I get that kind of call a lot from folks who are worried about their rising medical bills and the daily mail that they get with another bill collector looking for payment. And this is what I typically tell them.

Medicare

Senior citizens and folks on social security disability are covered by Medicare and Medicare will pay the medical bills as they are incurred. However, Medicare gets part of their money back from your injury case at the end. Your lawyer will have to negotiate that for you because Medicare will want dollar for dollar on what they spend.

Medicaid

Children in Missouri who don’t have private health insurance, and some adults, are covered by Missouri Medicaid. And Medicaid also will pay Medical bills and, at the end of your lawsuit, they will expect to be repaid. However, a judge can reduce or totally eliminate your payback to Medicaid. You’ll need your lawyer to help you with that.

Private Insurance

The other group that frequently pays medical bills in Missouri is private insurance and private insurance will ask for repayment almost always. Unless they are a special plan, a self-funded union plan or something along those lines that is governed by federal law, they’re not entitled to reimbursement. The word that they will say is subrogation, which means they stand in your shoes and get to collect their money back from the person who hurt you. Make sure that your lawyer is well aware and willing to fight for you so that you don’t have to pay back the health insurance. And this isn’t cheating. You paid benefits to get the health insurance. You wrote a check every month. They shouldn’t get their money back just because they did what they promised to do.

No Insurance

Finally, there are a lot of folks that don’t have any health insurance. And in those situations, hospitals and doctors will treat you on what’s called a lien basis. Hospitals don’t have to see you unless you’re in an emergency. But, experienced trial lawyers can help you find a doctor who will treat you on a lien basis and will make sure that your doctor understands that they will get paid.

When you’ve been hurt, the most important thing is to feel better and not be worried about how you’re going to pay for your medical bills. Remember that a trial lawyer who cares about his clients will fight for you and fight to put money in your pocket, rather than spend it all on the health care that you wouldn’t have needed but for your injury. If you have questions about medical care or how to pay for it after an injury, call my office or reach us at the website at the bottom of the screen. I’m happy to visit with you without any cost or obligation and hopefully help put your mind at rest.

The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

We count on medications to make us feel better, but it doesn’t always work that way. Some drugs get to market before adequate safety studies are done, and the drug itself winds up causing more harm than good. Other times, a doctor will prescribe a drug without knowing a full history and the other medications that you are taking, and the drugs and your history work together to cause harm. Finally, my office has represented folks where the pharmacy has placed the wrong drug, either the wrong dosage or the wrong pill altogether in the bottle. If you or a loved one has been harmed due to a medication error, call my office at the number on the screen or visit us on the Internet. Not all injuries are caused by drugs, and I’m happy to help you figure out if your family has been harmed due to a dangerous drug.  Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

MMI or Maximum Medical Improvement, is the term that the insurance company’s doctor uses when he or she believes that medicine will no longer make you any better, and you’re as good as you’re going to get from the treatment you’ve gotten after your work-related injury.

By: Spencer Farris

Insurance companies do a good job of making us feel guilty for hiring a Missouri personal injury lawyer. When you get your statement each month you read about frauds. And whether those stories are true or not in the back of your mind you think, I don’t want to be like that. The first word that most folks say when they call my office is, “I’ve never sued anyone before. Or I’m not the kind of person that sues.” You’ve already figured in the back of your mind that every lawsuit is fake even before you get hurt. And you know your case is real. And you know your injuries are real. You should always know that the insurance company is going to try to underpay those cases and those claims if you don’t have a Missouri personal injury lawyer fighting for you on your side. When you’ve been hurt and the bills are racking up, you don’t have to pay a lawyer out of pocket to represent you in your injury case. Call my office. And if we can help you we won’t charge you anything until the end of your case if we’re successful for you. Call 314-A-LAWYER today for free consultation.

By: Spencer Farris

A trial is when your case is finally decided by a judge or a jury, and somebody else decides what your case is about and what it’s worth.

By: Spencer Farris

Taxes are on everybody’s mind at this time of year and you maybe wondering, “Do I have to pay taxes on my personal injury case?” Injury law news brought to you by the S.E. Farris Law Firm. I’m Spencer Farris, a partner at the S.E. Farris Law Firm. I’ve represented hundreds of injury victims throughout Missouri. And at the end of the case the question my clients always want to know is how much money do I get from my settlement and will I have to pay taxes. Current Internal Revenue Service and Missouri state regulations do not tax personal injury cases. They treat a personal injury case settlement as a return on investment, which means that you’re really just getting back money that you’ve invested or in the case of an injury, your body and your future work life, which has been taken away from you. So, you don’t currently pay taxes on a personal injury case. However, whenever you file your taxes you always want to meet with a professional tax adviser because there are a couple of exceptions to that rule. If you’re verdict of settlement included punitive damages it is taxable.

Punitive or exemplary damages are damages to punish a defendant which you don’t typically see in a civil trial setting. The State of Missouri will take up to half of punitive damages that are awarded and puts them in a special fund to benefit injury victims. If you’re verdict or settlement includes a confidentiality clause – meaning that you can’t talk about your settlement – there are taxes are on confidential portion or the portion that was paid for confidentiality. Finally, lost wages are taxed just like your wages would be. It’s rare in Missouri for a verdict to specifically set out wages so this doesn’t come up very often, but it can and you and your lawyer and your tax attorney should talk about those things. If you have questions about the tax consequences of a personal injury settlement, call my office at the number on the screen or visit us on the internet. We’ll be happy to try to help you without any cost or obligation. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Products liability is the part of the law that deals with defective or dangerous products. As a Missouri products liability attorney, I’ve been involved in cases where a product was misused and the manufacturer knew that it would be misused in that manner. The one that comes to mind was a baby seat case where a grandpa had strapped a baby into the car, didn’t get the seatbelt routed right, and there was a crash and the baby had a horrible, horrible brain injury because of that. We were able to hold the car seat manufacturer accountable because they knew that folks misused the product in this way and they didn’t design around it.

 It’s coming to light now that General Motors did exactly what Ford did back in the 70s and choose dollars over human lives with their Chevy Cobalt. As a Missouri product liability attorney, we understand that it takes a lot of work from the legal aspect from getting engineers involved and kind of doing reverse forensic sciences to figure out what was wrong with the product. Although, in the GM case, frankly they knew what was wrong and they made a decision to choose dollars over human lives. It’ll take a lot of attorneys to hold them accountable for what they did and for all the lives that they destroyed. There was a problem with the ignition switch that caused the airbag to fail. The airbag that’s designed to protect folks was failing and the cost of the part to fix it was under $1. GM’s first choice was to tell folks don’t hang heavy keys on your keychain. That will keep this from malfunctioning. They’d known for years before they finally did a recall, but they decided that the lives that they would have to pay for cost less than the cars they would have to fix. When you’ve been hurt and the bills are racking up, you don’t have to pay a lawyer out of pocket to represent you in your injury case. Call my office and if we can help you, we won’t charge you anything until the end of your case if we’re successful for you.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris