Missouri Medical Malpractice Laws

You wouldn’t dare hire a surgeon based on a television ad, but many people hire their attorney based on a television ad. It’s a horrible idea. Here’s why.

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

A lot of lawyers want to talk to you about credentials. Board certified? Schmoard certified. Superlawyer? Pooperlawyer. At 800-CASH-COW, we’re the home of the Super-d-Duper Lawyers.

You’re in a wreck and you hurt your neck. We’ll be there to get you your check.

I’m Spencer Farris. I represent injury victims in Missouri, and I’ve been doing it for about 20 years. I hope you enjoyed that video and realized that’s just a joke, and that’s the last way you should pick an attorney.

Here are some of the things you should look for though. You should look for experience. A lawyer who’s trying his first personal injury case is not the lawyer you want trying your only personal injury case. You want someone with trial experience.

You want someone with credentials, and we’ve talked about this before, credentials are a thing that requires some research to see if they’re real credentials or not. Be aware that a lot of the badges and things you see on folks’ websites are nothing more than paid marketing things. Real credentials are things like board certification. That’s a test that lawyers have to take, and it’s not required, so lawyers that are board certified you know have gone the extra mile.

Finally, you want to find a lawyer who’s dedicated to your needs, not someone who’s just trying to see how many cases they can handle and how fast they can move through each one. You’re entitled to personal assistance on your personal injury case, and you want a lawyer that takes that commitment and that relationship seriously.

Television ads are a great place to buy a refrigerator, but they’re a horrible place to hire an attorney.

If you have a personal injury case and would like to talk to an attorney without any cost or obligation, call me at the number on your screen, or visit us at our Internet website. I’m happy to try to help without any cost or obligation, and if we can do nothing more than help you choose the right lawyer, we’re happy to do that as well.

The S.E. Farris Law Firm is dedicated to 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

Insurance companies do a good job of making us feel guilty for hiring a Missouri personal injury lawyer. When you get your statement each month you read about frauds. And whether those stories are true or not in the back of your mind you think, I don’t want to be like that. The first word that most folks say when they call my office is, “I’ve never sued anyone before. Or I’m not the kind of person that sues.” You’ve already figured in the back of your mind that every lawsuit is fake even before you get hurt. And you know your case is real. And you know your injuries are real. You should always know that the insurance company is going to try to underpay those cases and those claims if you don’t have a Missouri personal injury lawyer fighting for you on your side. 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 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

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

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

In our modern mobile society, freight and passengers move by rail car every day, just at the same time you and your family are in your car, travelling the highways. And it’s inevitable that at the intersection there’s a potential for devastating collisions. We try to avoid that with crossing equipment and crossbars, but sometimes it doesn’t function properly. Sometimes it hasn’t been properly maintained, sometimes it simply doesn’t exist. If you’ve been injured, or a loved one has been killed at a train crossing, you owe it to yourself and to your family to hire a personal injury attorney who can investigate the causes of the collision and determine whether or not your rights should be protected.  Call 314-A-LAWYER today for your 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

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