Missouri Nursing Home Laws

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

When you take the folks that have raised you and put them in a nursing home, you feel guilt. You feel more guilt if something bad happens to them while they’re there, and you want to hire a Missouri nursing home abuse lawyer for cases dealing with decubitus ulcers, unnecessary and unexplained falls, problems with nutrition and hydration. If your grandmother or father are not getting enough food and water, after a certain age, this causes all of their health to start to trickle and go downhill.

Hire a Nursing Home Abuse Lawyer

What could be a simple thing to fix if you hire a Missouri nursing home abuse lawyer early, can ultimately result in the untimely and early death of your loved one. One of the things that my firm has been active in for most of my time as a lawyer is in helping make sure that the legislators understand that the laws that they write affect folks for years in the future. If you don’t hire a Missouri nursing home abuse lawyer when something bad has happened to your loved one, you think, I don’t want to be the kind of person that sues. What you’re not thinking is by hiring the right lawyer, you may prevent this from happening to another family. 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

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

Any time a grownup falls in Missouri, there is an opportunity for the jury to blame you for not paying attention. Because of that, slip-and-fall or trip-and-fall type cases are the type that I’ve tried more than any other in my history as a Missouri slip-and-fall lawyer. Whether it’s on snow and ice, or a spilled yogurt at the grocery store, or any number of other things, you’re responsible to look out. And because of that, the insurance company is going to want to blame you for your incident and say you’re at fault for falling. Call a professional, call a Missouri slip-and-fall lawyer, and get the help you need when you’ve injured yourself, to take care of your medical bills and to pay for the bills that are going to continue to come in while you can’t work.  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

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

Black Box Data

After a truck wreck, it’s important to gather the data from the black box or the data recorder. And a St. Louis truck accident lawyer will have the resources and know-how to get, not only to the scene, but to get permission to download or copy the information that’s on that data recorder so that they have it to present your case. In the data recorder there’s not infinite space, and what happens is, after a certain amount of time, the recorder starts to record again over the breaking, the speed, the other events that are on that data recorder. So it’s crucial to get that offloaded as quickly as possible. 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

When you’ve been hurt whether it’s in a car or because you’ve gotten injured on someone’s property at that moment a Missouri personal injury lawyer is important to you and the Missouri law is important to you. But up until that time you weren’t even aware it existed and you’re always in the cross hairs in our state legislature. There hasn’t been a year gone by since the 22 years that I’ve been practicing that the Missouri legislature hasn’t had injury victims in it’s cross hairs. They want to get at the lawyers, but they do it by walking over folks like you, that have been hurt.

Unfortunately you don’t know your rights have been infringed upon, you don’t that you’ve been within the cross hairs of the legislature until you get hurt. But because of that you don’t know all the things you need to do to handle your case once you’ve been hurt and how the law has developed over the last several hundred years. And you need a Missouri personal injury lawyer to help guide you down the path and make sure that you don’t get taken advantage of by the insurance company for the folks that hurt 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

Products liability is the part of the law that deals with defective or dangerous products. As a Missouri products liability attorney, I’ve been involved in cases where a product was misused and the manufacturer knew that it would be misused in that manner. The one that comes to mind was a baby seat case where a grandpa had strapped a baby into the car, didn’t get the seatbelt routed right, and there was a crash and the baby had a horrible, horrible brain injury because of that. We were able to hold the car seat manufacturer accountable because they knew that folks misused the product in this way and they didn’t design around it.

 It’s coming to light now that General Motors did exactly what Ford did back in the 70s and choose dollars over human lives with their Chevy Cobalt. As a Missouri product liability attorney, we understand that it takes a lot of work from the legal aspect from getting engineers involved and kind of doing reverse forensic sciences to figure out what was wrong with the product. Although, in the GM case, frankly they knew what was wrong and they made a decision to choose dollars over human lives. It’ll take a lot of attorneys to hold them accountable for what they did and for all the lives that they destroyed. There was a problem with the ignition switch that caused the airbag to fail. The airbag that’s designed to protect folks was failing and the cost of the part to fix it was under $1. GM’s first choice was to tell folks don’t hang heavy keys on your keychain. That will keep this from malfunctioning. They’d known for years before they finally did a recall, but they decided that the lives that they would have to pay for cost less than the cars they would have to fix. 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

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