Missouri Medical Malpractice Laws

A lady called me to tell me that she’d been in a car crash and before she even got home from the hospital she had a message on her answering machine from the insurance company. Let me tell you what happened next. 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 represent injury victims and their families. And when I got the call from this lady I knew that she needed some help.

The insurance company wanted to initially make contact and befriend her if you will and offer her a settlement, that’s 101 in the claims adjusters handbook. They do that because if they settle a case quickly they know that they can so more cheaply. You won’t know the full extent of your injuries. You won’t have spoken to a lawyer and you won’t really know what your case is worth. In this client’s case it was a good thing that she called because we told her not to settle her case and six months later she needed surgery on her neck. You only get one opportunity to settle your case, to get all of your medical paid for, to gather your lost wages, and provide for your family, and to get whatever damages you’re going to get for pain, suffering, and inconvenience. If you do that too quickly in a case and don’t know the full extent of your injuries, you’re going to sell yourself and your family short. That’s what the insurance company wants. Thats what some lawyers want when they advise you to take a quick settlement, but it’s not what’s best for you. If you have questions after you’ve been hurt, call my office at the number you see on the screen or contact us through the internet at the web address below. We’re happy to visit with you for free and give you whatever advice we can on how to handle your case. The S.E. Farris Law Firm is dedicated the needs of injury victims and their families.

By: Spencer Farris

Missouri personal injury lawyers are trained to help you when you’ve been in a car crash, and it’s not your fault, and your own insurance won’t help you, if it’s not your fault. You pay your premiums for defense, not to recover for your own injuries. That’s where a personal injury lawyer will help you. Missouri personal injury lawyers help you when you’ve been hurt, because your car insurance won’t. They’re there to take care of the other person’s injuries. Unless the other person doesn’t have insurance, you’re never going to hear from your insurance company. You need personal injury lawyers to take care of you, to fight for you, and to help you get what you’re entitled to after a crash. If the other person isn’t insured? You, if you’ve bought car insurance, have uninsured motorists coverage, and Missouri personal injury lawyers know how to help you gather that coverage, and collect on the premiums you’ve been paying all these years.  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 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

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

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

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

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

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

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