Missouri Personal Injury Laws

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

Punitive damages are sometimes called exemplary damages. Those are the damages that a jury awards to punish the defendant for bad acts, and to keep other folks from repeating those kinds of acts.

By: Spencer Farris

Choose Spencer Farris

When you call my law firm – day or night – it’s going to ring out to a cell phone. If you send an email – day or night – it’s going to go out to a cell phone, if there’s somebody not at the desk. I tell everyone who comes to my office and trusts us to handle their case that within 12 hours of contact with my office they’ll hear back from us – either myself or the assistant that’s assigned to the case or the lawyer that’s assigned to the case. When someone comes into us and in our law firm, it’s because something bad has happened to them. They don’t come in to see us because they’re having a great day. Initially, I want folks to feel comfortable that we’re going to take their case seriously. If you’ve taken the breadwinner and he’s no longer able to work because his back hurts to somebody on the street who would see him walking down the street. They’d think how can that be and it’s no big deal, but to this guy losing his house, losing his family, losing those things are very important. At our law firm we want folks to feel comfortable that they’re going to get the attention that they deserve.

By: Spencer Farris

Choose Spencer Farris

When you’ve been hurt, you have a choice to make on which attorney you hire. But the good news is, most attorneys in this area and almost all Saint Louis car accident lawyers charge about the same rate. It’s contingent on recovery, which means you pay at the end of your case. The question you have to ask yourself is, “Do I want to collect a percentage of a good recovery, or a percentage of a not so good recovery that I got from using an inexperienced or unqualified lawyer?”. After your car crash, you wouldn’t think twice about going home to set your own broken arm or stitch your own wounds. That’s because you only get one opportunity to heal after your injury. And it’s the same when you hire a Saint Louis car accident lawyer. Some folks are tempted to handle these cases on their own, but that’s one of the biggest mistakes you can make for you and your family. Look, the insurance company has professionals on their side, they do this day in and day out, and they know how to keep from paying you money. And you need someone on your side who knows how the system works, to work just as hard to get you the damages that you need to recover. When you’ve been hurt and the bills are racking up, you don’t have to pay an 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

Truck Accident Litigation

Sometimes car crashes occur due to circumstances that the driver has nothing to do with. If the road on which you are riding has been improperly built or maintained or if the surface itself has been allowed to erode and degrade over time, it makes the road more dangerous to automobile drives and truckers that use those roads. One way to know if the area where your crash occurred is improperly designed or negligently maintained is if there have been several crashes in a short period of time at that stretch of highway. If you have questions about a dangerous piece of highway or roadway, call my office at the number on the screen or you can reach us through the contact form on the internet. I’m happy to visit with you at any time without any cost or obligation. Call 314-A-LAWYER today for your 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

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

Wrongful Death Act Compensation

If you’ve lost a loved one, and it’s someone else’s fault, the Missouri Wrongful Death Law can help you. Injury law news, brought to you by the S.E. Farris Law Firm. I’m Spencer Farris, a personal injury trial attorney in Saint Louis, Missouri, and partner at the S.E. Farris Law Firm. When you’ve lost a loved one and someone else is responsible, you have a lot of concerns and a lot of things on your mind. While you’re sorting through those and the grief, remember that the Missouri Wrongful Death Act can help hold the other person responsible for the damages they’ve caused to your family.

While you’re sorting through your grief and the personal matters that go with the death of a loved one, the Missouri Wrongful Death Act is ticking away. You have three years after the death of a loved one to file a lawsuit. In Missouri the lawsuit does not belong to the dead person’s estate, it belongs to his survivors. Whether they be spouses, siblings, parents or children, the law gives different rights to different classes of people, and you should find out where you fall and whether or not you have the right to pursue a wrongful death case for the loss of a loved one.

You can never replace a loved one, and we all know that. In fact, the Missouri Wrongful Death Law doesn’t cover your grief or sorrow for the loss and the death that your family has suffered. It tries to replace the loss of income that that person provided, the loss of support, education, comfort. The kinds of services that you would’ve gotten from your loved one, but for their wrongful death. If a member of your family has been killed and it’s someone else’s fault, you owe it to yourself and your family to contact an attorney. Call my office at the number at the bottom of the screen, or contact us at our website. I’m happy to visit with you about your case without any cost or obligation. And if we can’t help you, we’ll try to point you in the right direction. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris