Missouri Medical Malpractice Laws

Between school buses, public transportation and charter buses, we see buses on the road every day. And because there are more and more buses, there are more and more bus accidents. Although buses cost many times what an average passenger car does, they don’t often have the simple safety devices that we take for granted, when we buckle up to go to the grocery store. If you’re in a bus accident, whether it’s because a negligent driver struck your bus, or because your bus driver wasn’t paying attention and hurt you, it’s important to contact an attorney immediately. There are limits to insurance in all bus cases, and making sure that your claim is made is important. Call my office at the number on your screen, or visit us on the internet if you’ve been injured due to a bus accident. I am happy to visit with you, without any cost or obligation. Call 314-A-LAWYER today, for your free consultation.

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

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

You’ve been hurt and you’re angry. You’re not the kind of person who sues, but you want to know what the stages of a lawsuit are. Let’s talk about it.   Injury Law News, brought to you by The S.E. Farris Law Firm.   I’m Spencer Farris, a personal injury lawyer in St. Louis, Missouri, and partner at The S.E Farris Law Firm. People get hurt and call my office every day, thinking that we can get their case resolved in a matter of hours like they do on TV. But there are a lot of stages to a personal injury case, and I want to go through those with you. Before you think about a lawsuit, you need to think about taking care of yourself. If you’re hurt, get medical treatment. Follow your doctor’s instructions, go to your doctor visits, and take your medication. That’s important for two reasons. First of all, you won’t get better if you don’t do those things, and feeling better’s the most important part of recovering from an injury. From a legal perspective, you can’t recover your damages if you don’t document that you have been injured, and the way that you do that is taking the time to follow your doctor’s directions. Get the medical care that you need.  Almost as important as hiring good doctors is to hire a qualified attorney, someone who’s experienced in handling injury cases and someone that you want to work with. Remember that an injury case can take months or even a couple of years to get resolved, and you want to find someone that you don’t mind having a partnership with that will last throughout that time period. Stay in touch with your lawyer. Make sure that if you move or change phone numbers or change doctors your lawyer knows about it. When your doctor’s done treating you, it’s time for your lawyer to get to work gathering the medical records and the facts necessary to present your case. Most lawyers will then put together what’s called a claim packet or a negotiation packet. By this time your lawyer should have contacted the person at fault for your injury and their insurance company. Now, your lawyer presents the case to the insurance company and starts negotiations. Remember that most cases settle at this stage – better than half, at least. If the insurance company is reasonable and your lawyer does his job to present your case, you should be able to get the case settled. It doesn’t always work that way however, and if it doesn’t, you move to the next stage which is an actual lawsuit. We’re going to talk about that in the next video. In the meantime, if you have questions about handling a personal injury case or the stages, please feel free to call or contact my office at the website and the phone number at the bottom of the screen. We’re happy to visit with you at no cost or obligation and talk with you about your case, whether we represent you or not. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Whether you’re shopping at a business or walking down the street, the last thing you expect is to be flat on your back, and feeling pain. When you fall, or what lawyers typically call a “slip and fall injury,” the first thing to do is to figure out what caused you to fall. Was it a change in grade? Was it a slick substance on the floor? This isn’t always easy to do, because as you lay there in pain, the most important thing in your mind is to get medical attention. That is crucially important but if someone with you can take pictures of the scene, it will be invaluable to you later. When you slip and fall on someone else’s property, it’s important to get an experienced attorney who’s capable of investigating those claims. And if the claim involves a government entity, it is even more important to have an experienced attorney to investigate on your behalf. Call my office at the number on the screen, or visit us on the web at any time. I’m happy to visit with you and answer your questions about your slip and fall injury, without any cost or obligation. Call 314-A-LAWYER today, for your free consultation.

By: Spencer Farris

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

Summary judgement is when the other side tries to win your case without going to trial based on the papers that have been filed.

By: Spencer Farris

The primary reason that trucking accidents are different form car-to-car collisions is the amount of force involved. When at 80,000 pound truck going 60 miles an hour hits a four or five thousand pound car, the energy is immense, and the damages and the injuries to the folks inside the car can be disabling, devastating, and sometimes fatal.  The other main difference in a trucking case is that trucking companies are regulated by state and federal government. It limits how often they can drive and how long they can be on the road. And because of that, even the most minor – relatively speaking – trucking case involves a lot of work to dig into log books and making sure that the trucking company was in compliance with government requirements. Call 314-A-LAWYER today for your free consultation.

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