Missouri Medical Malpractice Laws

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

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

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

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

When you’ve been in a crash with a drunk driver, you need a Missouri personal injury lawyer to protect your rights, because your insurance may come into play. His may not be enough, and you need someone that knows the law, and will pursue those cases aggressively. They’re not open-and-shut just because the other driver was drinking.

I remember a case, many years ago, where a drunk was aggressively driving, and racing someone else. Blew through a red light, and hit my client’s car in the side. The impact was devastating. His– when I first met the young man, his face didn’t even look like a human face, because of all the swelling, and all the injuries he sustained. But we were fortunate to be able to help him in that situation, and were very creative in finding enough coverage to try to help him put his life back together.

You wouldn’t think so, but a drunk driver in Missouri who’s hurt somebody with his first offense, even if it causes a death, may not go to prison, may get probation. Part of what civil law does, and what a Missouri personal injury lawyer does, is help hold these folks accountable for the damages they cause, make them pay for the beautiful vase that they’ve broken, or the beautiful life that they’ve destroyed. If you don’t hire a Missouri personal injury lawyer after you’ve been in a car crash, you’re at the insurance company’s mercy. And they are there – and they’re generating profits for their shareholders – not by paying folks like you who have been hurt, but by paying as little as possible on claims. They’ve got professionals on their side, and if you don’t have a Missouri personal injury lawyer fighting for you on your side, you’re going to take the crumbs that they feed you. 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

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 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

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