Missouri Medical Malpractice Laws

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

If you’re a victim of a hit and run in Missouri your uninsured motorist coverage will protect you. And a 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 losses. You don’t need to know who hit you. They may not even need to touch your car in Missouri. If they swerve and cause you to wreck, your uninsured motor coverage is available to you and a Missouri accident attorney knows how to follow the law to get you your damages back. If I do my own plumbing at home and mess 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. Over the years folks have come to me that tried to handle their case at the beginning because the insurance company the claim reps are very friendly and they want you to trust them. But at some point folks realize they can’t go it alone and they call me because they’re looking for a Missouri auto accident attorney. Sometimes I can help and sometimes I can’t, but it always works better if you call me, call an attorney immediately or as soon after a crash as you can. The longer the wait the harder it is for me as a Missouri auto accident attorney to do my job.  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

Traumatic brain injuries, or brain injuries of any kind, are some of the most devastating injuries. And when you have a big injury, there’s not enough money for what you’re going through. You need to hire a Missouri brain injury attorney to help get as much as possible for your family, because you only have one opportunity to go back and get your damages. Insurance companies track everything. They track what juries pay, they track what medical bills cost, and they track what lawyers are willing to try cases. Over my career, I’ve tried over a hundred lawsuits to juries. Insurance companies know that and they track that. The lawyers that you see on television may have never entered the courtroom, may have never tried a case, and the insurance companies know it and they pay more to lawyers that will force them to pay more. When you hire my law firm, my name is on the door and I’m on the bottom line. I’m responsible to every client. Whether I am writing the letters or whatever’s going out the door, I’m responsible. The insurance company knows that as a small shop and as a small law firm, they have to treat me just like they have to treat the big law firms; we’re going to bring the big guns. 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

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

I got a call from a lady the other day who wanted to know how her medical bills were going to be paid after her injury.

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

I’m Spencer Farris and I represent injury victims in the state of Missouri. I get that kind of call a lot from folks who are worried about their rising medical bills and the daily mail that they get with another bill collector looking for payment. And this is what I typically tell them.

Medicare

Senior citizens and folks on social security disability are covered by Medicare and Medicare will pay the medical bills as they are incurred. However, Medicare gets part of their money back from your injury case at the end. Your lawyer will have to negotiate that for you because Medicare will want dollar for dollar on what they spend.

Medicaid

Children in Missouri who don’t have private health insurance, and some adults, are covered by Missouri Medicaid. And Medicaid also will pay Medical bills and, at the end of your lawsuit, they will expect to be repaid. However, a judge can reduce or totally eliminate your payback to Medicaid. You’ll need your lawyer to help you with that.

Private Insurance

The other group that frequently pays medical bills in Missouri is private insurance and private insurance will ask for repayment almost always. Unless they are a special plan, a self-funded union plan or something along those lines that is governed by federal law, they’re not entitled to reimbursement. The word that they will say is subrogation, which means they stand in your shoes and get to collect their money back from the person who hurt you. Make sure that your lawyer is well aware and willing to fight for you so that you don’t have to pay back the health insurance. And this isn’t cheating. You paid benefits to get the health insurance. You wrote a check every month. They shouldn’t get their money back just because they did what they promised to do.

No Insurance

Finally, there are a lot of folks that don’t have any health insurance. And in those situations, hospitals and doctors will treat you on what’s called a lien basis. Hospitals don’t have to see you unless you’re in an emergency. But, experienced trial lawyers can help you find a doctor who will treat you on a lien basis and will make sure that your doctor understands that they will get paid.

When you’ve been hurt, the most important thing is to feel better and not be worried about how you’re going to pay for your medical bills. Remember that a trial lawyer who cares about his clients will fight for you and fight to put money in your pocket, rather than spend it all on the health care that you wouldn’t have needed but for your injury. If you have questions about medical care or how to pay for it after an injury, call my office or reach us at the website at the bottom of the screen. I’m happy to visit with you without any cost or obligation and hopefully help put your mind at rest.

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

Board Certified

Board certified means that after a certain number of years and a certain number of cases I’m able to take a written test and provide verification that I’ve practiced properly. Then each year I have to recertify, prove that I have my practice insurance, that I complete my continuing legal education hours, that I don’t have any complaints – bar complaints against me.

Deposition

A deposition is a recorded statement that you give with a court reporter for use under the rules of evidence in court.

Discovery

Discovery is just like -what it sounds like. You discover what’s going on in a case. You learn facts.

Interrogatory

An interrogatory is like a deposition, but it’s in written format and you answer your questions under oath.

Malpractice

Malpractice is when a professional breaches the standard of care. Not that they have to be perfect, but that they have to be reasonable in their actions.

Workers Compensation

Worker’s compensation means that you were hurt on the job. Your employer’s liable for your medical, a portion of your wages while you’re off work, and a lump sum for the disability that you have after medicine’s done the best it can do.

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

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