Missouri Medical Malpractice Laws

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

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

Railroad Crossing Accidents | Missouri

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.ย  Call 314-A-LAWYER today for your 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.ย  Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

Getting Compensated For a Hit & Run Accident | Missouri

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, Iโ€™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.ย  Call 314-AL-AWYER today for 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, Iโ€™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.ย  Call 314-AL-AWYER today for free consultation.

By: Spencer Farris

What to Be Aware of When Representing Yourself in a Personal Injury Case |…

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

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

Insurance & Lost Wages | Missouri

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 canโ€™t help you, at least point you in the right direction so you can get on the path to recovery on your own.ย  Call 314-A-LAWYER today for a 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 canโ€™t help you, at least point you in the right direction so you can get on the path to recovery on your own.ย  Call 314-A-LAWYER today for a free consultation.

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

What is Maximum Medical Improvement | Missouri

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

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

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