Missouri Nursing Home Laws

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

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

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

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

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

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’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

They call them man’s best friend, but sometimes dogs cause more harm than good. If you or a loved one has been bitten by a dog, there are a couple things that you need to do immediately to protect your rights. One is to contact the authorities, police department or animal control, and fill out a report. Another thing which is very important is to find out and identify the owner of the dog. It doesn’t do any good to call an attorney, it doesn’t do any good to call the police if you don’t know who owns the dog that bit you. If you or a loved one have been bitten by a dog, contact us, call us on the number on your screen, or visit us through the Internet. I’m happy to answer your questions without any cost or obligation. Call 314-A-LAWYER today for your 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