Missouri Personal Injury Laws

Don't Give a Recorded Statement to an Insurance Company | Missouri

Mark Cantor

 

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

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

Helpful Slip & Fall Tips | Missouri

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

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

Will I Be Taxed on My Injury Case | Missouri

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

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

What is a Trial | Missouri

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

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

Spencer Farris - Profile Video | Missouri Personal Injury

Spencer Farris

 

Spencer Farris with the Farris Law Firm in St. Louis, Missouri. I’ve been practicing for almost 20 years and I’ve had my own law firm for about the last eight. When I was in high school I got to work as a page in the Oklahoma Senate and I realized at that point that I was interested in the law. Once I got a taste of the courtroom that’s all I really wanted to do. I did my undergraduate work at Oklahoma State University. I went to law school at Washington University in St. Louis. I have never represented an insurance company. We only represent injury victims and their families at my law firm. Well, I’m board certified by the National Board of Trial Advocacies as a Civil Trial Advocate. I took the testing for that. I”m an adjunct professor at St. Louis University School of Law in the trial program.

You know there’s only a couple areas of the law these days in my opinion that you actually get to go to court and try cases. The criminal arena, which I had no interest in and I had no interest in representing big companies and big businesses. So I put everything I wanted to do with folks who really need help. It’s kind of nice to feel like my work makes a difference in somebody’s life

By: Spencer Farris

Spencer Farris with the Farris Law Firm in St. Louis, Missouri. I’ve been practicing for almost 20 years and I’ve had my own law firm for about the last eight. When I was in high school I got to work as a page in the Oklahoma Senate and I realized at that point that I was interested in the law. Once I got a taste of the courtroom that’s all I really wanted to do. I did my undergraduate work at Oklahoma State University. I went to law school at Washington University in St. Louis. I have never represented an insurance company. We only represent injury victims and their families at my law firm. Well, I’m board certified by the National Board of Trial Advocacies as a Civil Trial Advocate. I took the testing for that. I”m an adjunct professor at St. Louis University School of Law in the trial program.

You know there’s only a couple areas of the law these days in my opinion that you actually get to go to court and try cases. The criminal arena, which I had no interest in and I had no interest in representing big companies and big businesses. So I put everything I wanted to do with folks who really need help. It’s kind of nice to feel like my work makes a difference in somebody’s life

By: Spencer Farris

What are Punitive Damages | Missouri

Spencer Farris

 

Punitive damages are sometimes called exemplary damages. Those are the damages that a jury awards to punish the defendant for bad acts, and to keep other folks from repeating those kinds of acts.

By: Spencer Farris

Punitive damages are sometimes called exemplary damages. Those are the damages that a jury awards to punish the defendant for bad acts, and to keep other folks from repeating those kinds of acts.

By: Spencer Farris

Catastrophic Injuries (Video) | St. Louis Personal Injury

Spencer Farris

 

Catastrophic Injury Litigation

No one wants to get hurt and all personal injuries are serious. But some of them are so traumatic and so devastating that we called them Catastrophic Injuries. For example, a closed head injury. Injury to the brain that doesn’t break the skull or sometimes even the skin. Injuries that result in paralysis. Injuries to the unborn, or to new born and small children are typically catastrophic injuries. And hiring an attorney to represent you and your family in a catastrophic injury case requires you to do some extra research. You need an attorney that has the trial experience, the knowledge and the background to take the insurance company to task for the injuries that you sustained. Remember that in a catastrophic injury case you’re not simply looking to get your medical bills paid, but someone has to take care of the long-term consequences of the injury you or a loved one has suffered. If you or a loved one has suffered a catastrophic injury, call my office at the number on the screen or visit us on the internet at anytime. I’m happy to visit with you about your case, answer your questions without any cost or obligation and help you get the maximum recovery for the horrible injury you sustained. Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

Catastrophic Injury Litigation

No one wants to get hurt and all personal injuries are serious. But some of them are so traumatic and so devastating that we called them Catastrophic Injuries. For example, a closed head injury. Injury to the brain that doesn’t break the skull or sometimes even the skin. Injuries that result in paralysis. Injuries to the unborn, or to new born and small children are typically catastrophic injuries. And hiring an attorney to represent you and your family in a catastrophic injury case requires you to do some extra research. You need an attorney that has the trial experience, the knowledge and the background to take the insurance company to task for the injuries that you sustained. Remember that in a catastrophic injury case you’re not simply looking to get your medical bills paid, but someone has to take care of the long-term consequences of the injury you or a loved one has suffered. If you or a loved one has suffered a catastrophic injury, call my office at the number on the screen or visit us on the internet at anytime. I’m happy to visit with you about your case, answer your questions without any cost or obligation and help you get the maximum recovery for the horrible injury you sustained. Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

Partially at Fault for My Injury | St. Louis Personal Injury

Spencer Farris

 

Pursuing Injury Claim

Folks call me sometimes and think they can’t pursue an injury case because they’re partially at fault. Let me tell you what I usually tell them. 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. Just because you’re partially at fault for your injury doesn’t mean the courthouse doors are closed to you. In Missouri, we follow something called comparative fault and that means you recover for your part of your injury that you didn’t cause. If you’re in a car crash and you were struck by someone even though you were driving a little too fast, the person who struck you has to pay for the part of the damages that they caused. If you’re 20% at fault, you still recover 80% of your damages. I represented a man who got distracted and fell due to a defect in the sidewalk. He was able to recover for the portion of his damages that the defective sidewalk caused even though he didn’t get back the part that was due to his inattention. If you’ve been hurt and you’re worried that it’s partially your fault, contact my office. I’m happy to visit with you without cost or obligation. Just because you’re partially at fault doesn’t mean you’ve completely lost your claim and I’m here to help. Thanks. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Pursuing Injury Claim

Folks call me sometimes and think they can’t pursue an injury case because they’re partially at fault. Let me tell you what I usually tell them. 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. Just because you’re partially at fault for your injury doesn’t mean the courthouse doors are closed to you. In Missouri, we follow something called comparative fault and that means you recover for your part of your injury that you didn’t cause. If you’re in a car crash and you were struck by someone even though you were driving a little too fast, the person who struck you has to pay for the part of the damages that they caused. If you’re 20% at fault, you still recover 80% of your damages. I represented a man who got distracted and fell due to a defect in the sidewalk. He was able to recover for the portion of his damages that the defective sidewalk caused even though he didn’t get back the part that was due to his inattention. If you’ve been hurt and you’re worried that it’s partially your fault, contact my office. I’m happy to visit with you without cost or obligation. Just because you’re partially at fault doesn’t mean you’ve completely lost your claim and I’m here to help. Thanks. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

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