Missouri Medical Malpractice Laws

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

If you’re a victim of a hit and run in Missouri, your Uninsured Motorist Coverage will protect you. And an Missouri auto accident attorney is who you need to hire to make sure that you collect from the insurance company, and take care of all of your loses. We’ve had multiple cases over the years where someone caused a wreck and fled the scene. Maybe they cut-in in traffic or stopped suddenly and caused a crash and then fled the scene. And as a Missouri auto accident attorney I know how to use the law and recover my client’s Uninsured Motorist Coverage.

If I do my own plumping at home and messed it up, I can call a professional plumber. He’ll come in, he may laugh at me, it may charge more but he can fix it. But if you have a legal case and you don’t have an experienced Missouri auto accident attorney, you can never get over that. You can never fix that problem. You get one shot, to collect all of your damages and one shot to do it right. Well I don’t do wills, I don’t do trusts, I don’t handle divorces. Because the law is very broad. Think of it like you would think of a doctor. You wouldn’t go to your dermatologist if you had a brain tumor. You want someone who works in the same area everyday. And we practice Missouri auto accident law everyday. It’s what I’ve been doing for 22 years, I’m board certified, and focus my practice on injury victims and their family’s. 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-AL-AWYER today for free consultation.

By: Spencer Farris

Any time a grownup falls in Missouri, there is an opportunity for the jury to blame you for not paying attention. Because of that, slip-and-fall or trip-and-fall type cases are the type that I’ve tried more than any other in my history as a Missouri slip-and-fall lawyer. Whether it’s on snow and ice, or a spilled yogurt at the grocery store, or any number of other things, you’re responsible to look out. And because of that, the insurance company is going to want to blame you for your incident and say you’re at fault for falling. Call a professional, call a Missouri slip-and-fall lawyer, and get the help you need when you’ve injured yourself, to take care of your medical bills and to pay for the bills that are going to continue to come in while you can’t work.  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

Black Box Data

After a truck wreck, it’s important to gather the data from the black box or the data recorder. And a St. Louis truck accident lawyer will have the resources and know-how to get, not only to the scene, but to get permission to download or copy the information that’s on that data recorder so that they have it to present your case. In the data recorder there’s not infinite space, and what happens is, after a certain amount of time, the recorder starts to record again over the breaking, the speed, the other events that are on that data recorder. So it’s crucial to get that offloaded as quickly as possible. 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

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

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

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

I want to talk to you for a moment about recorded statements. You’ve been involved in an injury. So a slip and fall, or a car accident, a truck accident, things of that nature. And the insurance company calls you right away. And they say, “Hi, I’m,” and they state their name. From whatever insurance company, “and I want to ask you about your accident or your injury. I need you to know that this phone call is being recorded for quality assurances.” Really, it’s for quality assurances? that’s why you’re recording me? That’s not true.

So they start off with a lie. They’re recording your conversation, in order to defeat your claim. They don’t want to pay you. You’ve just been involved in something that injured your body. You’ve been in the hospital. You might be on pain medications. And this nice person is calling you, and recording your conversation for quality assurance. They’re lying. That should be a big red flag. I need to call a lawyer. Call me at (314) 542-9999. Don’t give them a recorded statement. And let’s talk about why.

They’re going to ask you– let’s call it car collision. “What roads were you on, and which direction were you going?” Well you got to think. Was I going north, or was it west. I can’t remember. “What color was the traffic signal?” “Well when? When I was stopped at it, and hit from behind? Or before that when it was green?” I mean, they’re asking you questions to defeat your claim. “How hard was the impact?” Why do you want to answer those questions? Why would you? “What is the speed limit on that road?” I don’t know. Is it 35 or 40? Maybe it’s 45. They’re not helping you. You need a lawyer. Get the police report and figure those things out, and think about them. This isn’t a quiz, where you’re required to answer immediately.

They’re calling you to try to get you to mess up. So that later, when I’m preparing you for your deposition, and I show you that the police report says that you were stopped at a red electric signal and the speed limit is 40 miles an hour. You say, “Oh, well I told them earlier I thought the car was going 15 or 20.” Well how do you know that? You saw them in your rear-view mirror. You don’t know that. Don’t commit to that. Think about it. Do you know it, or do you not know it? If you know it, say it. And if you don’t know it, don’t say it. But get counsel. Because the insurance company doesn’t want to pay you.

So there’s lots of reasons not to give a recorded statement. They’re later going to take your deposition, which is your sworn statement under oath. And now they have two statements. Don’t do that. What’s the advantage of that? There is none. That’s why you always see lawyers in these 30 second commercials saying don’t give a recorded statement. They’re right, you shouldn’t. Instead, when they ask you for that, that’s your signal to call a good law firm and a good lawyer. And I don’t care who that is, which state you’re in. But you need representation. If you’re in the mid-west, in Missouri or Illinois, that’s all we do. My name is Mark Cantor. And again, our phone number is (314) 542-9999. And either I or my law partner Gary Burger, will personally represent you in your claim. Thank you.

By: Mark Cantor

It’s too late, once you’ve been in a wreck, to think about insurance coverage.

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

I’m Spencer Farris, an attorney with the S.E. Farris Law Firm, in St. Louis, Missouri. You buy automobile insurance and hope you never have to use it. But there are kinds of insurance that will help you quite a bit if you’re in a wreck. Let’s talk about those for a minute. In order to drive a car in Missouri, two types of insurance are mandatory: liability coverage, to take care of the harms you cause to other folks – and uninsured motorist coverage, in case someone hurts you, who doesn’t follow the law. Liability coverage protects you if you hurt someone else while you’re driving. It’ll also provide you with legal services in case you get sued. Although Missouri requires all drivers to have liability insurance, not all drivers follow the law. That’s why uninsured motorist coverage is also mandatory in Missouri.

Uninsured motorist coverage means that the person who hit you, who harmed you because of their negligent driving, has now coverage to cover your injuries. Besides the mandatory required coverages in Missouri, there are some other insurance coverages that will assist you if you’re ever hurt in a car crash, and it’s someone else’s fault. We’re not going to talk about property coverage today – just coverages for occupants, people, in the vehicles. The first of those is underinsured motorist coverage. Underinsured motorist coverage means that the person who harmed you doesn’t have enough insurance to cover all of your losses. If you’re seriously injured in a car crash, and the person who hurt you only has the minimum coverage required in Missouri – which right now is $25,000 – underinsured motorist coverage would help bridge the gap, between what they had and what you suffered, to help put you back where you were before you got hurt.

Even though you may have health insurance, medical payments coverage is another coverage that is available to you, to help defray some of the losses you have when you get hurt in a car crash. You can use medical payments coverage, even if you have health insurance, to help cover your deductibles and the other out-of-pocket medical expenses that you will have. Just because you have health insurance coverage doesn’t mean you can’t collect your medical payments. And it’s not cheating. It’s like having two life insurance policies. If you’ve paid for extra coverage, you get to collect when you have to. And if you’re hurt in a car crash, there’s not enough money for what you’re going through. You need to collect everything that’s available to you. In my office, and with most qualified injury attorneys in Missouri, there’s no fee for helping you collect your medical payments coverage. When you’re injured and go to the hospital or doctor, you want to make sure that, if you have health insurance, you present your health insurance information, and demand that the doctor or hospital bill your health insurance company.

Contracts with major providers, like Blue Cross Blue Shield, etc., will require that the doctor and hospital accept health insurance for payment. If you don’t do that, the health care provider is going to want to take money from your settlement. And there’s not going to be enough money, at the end of a settlement for an injury, for what you’ve suffered – the pain and the discomfort. It’s important to have a lawyer help maximize that coverage. And one way that my law firm does that is by making sure that health care providers bill health insurance. Medicare and Medicaid are the same thing as health insurance plans, and make sure that doctors and hospitals bill them. Don’t worry about repayments to Medicare, Medicaid, and other insurance plans. A qualified lawyer will take care of that, and try to minimize those repayments, so that more money goes to the injured victim.

Call the S.E. Farris Law Firm if you have any questions about insurance coverage. We’re happy to talk with you without a charge. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris