Missouri Medical Malpractice Laws

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

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

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

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

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

When you’re in a car crash, the pain that you initially feel is only the beginning of your problems. When you make your claim to an insurance company, there’s a couple things that you need to know. One is that you’re entitled to recover your lost wages even if you took sick pay or vacation time at the time you were working. That was money that came out of your sick bank or your vacation bank and it’s money that is gone. The other thing you need to know is that insurance companies don’t automatically write you a check just because their insured hurt you. Just because they owe you money doesn’t mean they’re going to give it to you. You have to document your medical expenses and the treatment that went with them. I tell folks every day not to sign an authorization to let the insurance company get your medical records. You still have a right to privacy, but you want to control how those records are filtered to an insurance company. An attorney that’s experienced in representing injury victims is in a much better position to do this than you are. Call my office at the number on the screen or visit us on the internet. I’m happy to talk with you about your injury case and if I can’t help you, at least point you in the right direction so you can get on the path to recovery on your own.  Call 314-A-LAWYER today for a free consultation.

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

You’ve been hurt, and you’re thinking that maybe you can handle your case without a personal injury attorney. Let me tell you some things you should look out for. 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. Folks call me all the time and wonder if they even need to have a personal injury attorney represent them in their claim. Maybe not. And I tell folks daily how to handle their own cases. But there are some things you need to be aware of. First and most important is the Statute of Limitations. Every case has a time limit, and it must be filed within the time limit or you forever lost your case. The law changes, and the law of medical bills and damages has changed in the last several years. You need to know what that is in order to present your case to a jury. Your health insurance is going to want to be reimbursed for the medical bills that they’ve paid for on your behalf. They may not be entitled to reimbursement. Whether or not they are is a question that you need to find the answer to. The insurance company has professionals looking out to investigate your case and try to find a way to pay you as little money as possible. Some folks are able to deal with the insurance company and able to handle their own cases. Most are not. In fact, studies show that people with an attorney get four to five times more money on their injury case than those without. You may have questions about handling your own personal injury case. Call my office and I’m happy to visit with you without cost or obligation. I tell folks everyday that they don’t need an attorney to handle their case, and point them in the right direction, and I’m happy to do that for you. Thank you for watching. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

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