Missouri Medical Malpractice Laws

We count on medications to make us feel better, but it doesn’t always work that way. Some drugs get to market before adequate safety studies are done, and the drug itself winds up causing more harm than good. Other times, a doctor will prescribe a drug without knowing a full history and the other medications that you are taking, and the drugs and your history work together to cause harm. Finally, my office has represented folks where the pharmacy has placed the wrong drug, either the wrong dosage or the wrong pill altogether in the bottle. If you or a loved one has been harmed due to a medication error, call my office at the number on the screen or visit us on the Internet. Not all injuries are caused by drugs, and I’m happy to help you figure out if your family has been harmed due to a dangerous drug.  Call 314-A-LAWYER today for your free consultation.

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

When you’ve been hurt and the bills are piling up, the big question on your mind is: What is my case worth?  Injury Law News brought to you by the S.E. Farris Law Firm. I’m Spencer Farris, a St. Louis injury lawyer at the S.E. Farris Law Firm. The value of your case depends on a lot of factors. Let’s talk about those for a minute.  The facts of your case matter. What happened? Was it a injury that went away after a couple of days, or did you need surgery?   Where did it happen, in a conservative venue, or one where jurors understand that pain and suffering have a value?   How did it happen? There’s a difference to the value of your case if Grandma hit you on the way to bingo versus a corporation in a large truck with a drunk driver. The combination of these factors go into the mix and help determine what your case is worth, what a jury – and therefore a claims adjuster – would assign as the value of your claim.   Choosing the right St. Louis injury attorney matters. The insurance company knows what lawyers have the experience and the credentials necessary to prepare your case to present it to a jury, and that goes into their valuation of your claim.  If you have more questions about the value of your case, please contact my law firm at the phone number or the website address on your screen. We’re happy to talk with you without any cost or obligation about your case.  The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

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

We carry insurance on our homes because the folks that come visit us are friends and relatives. And if they get hurt, you want them to be taken care off. In Missouri though if you get hurt at the house of a friend or relative, they are the ones who named in lawsuit, and it scares a lot of folks. Am I going to take grandma’s car? Am I going to cause aunt Betsy lose her house? No, you’re not. The short answer is, A Missouri slip and fall lawyer is going to pursue the insurance that covered the home. And we’re never going to take away the property of the person whose house you were at. Insurance companies want you to feel guilty and want you to feel that way, but it simply not true. 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

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

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

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

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