Missouri Personal Injury Laws

What are Punitive Damages | Missouri

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

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

Don't Give a Recorded Statement to an Insurance Company | Missouri

Mark Cantor

 

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

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

Important Personal Injury Terminology | Missouri

Spencer Farris

 

Board Certified

Board certified means that after a certain number of years and a certain number of cases I’m able to take a written test and provide verification that I’ve practiced properly. Then each year I have to recertify, prove that I have my practice insurance, that I complete my continuing legal education hours, that I don’t have any complaints – bar complaints against me.

Deposition

A deposition is a recorded statement that you give with a court reporter for use under the rules of evidence in court.

Discovery

Discovery is just like -what it sounds like. You discover what’s going on in a case. You learn facts.

Interrogatory

An interrogatory is like a deposition, but it’s in written format and you answer your questions under oath.

Malpractice

Malpractice is when a professional breaches the standard of care. Not that they have to be perfect, but that they have to be reasonable in their actions.

Workers Compensation

Worker’s compensation means that you were hurt on the job. Your employer’s liable for your medical, a portion of your wages while you’re off work, and a lump sum for the disability that you have after medicine’s done the best it can do.

By: Spencer Farris

Board Certified

Board certified means that after a certain number of years and a certain number of cases I’m able to take a written test and provide verification that I’ve practiced properly. Then each year I have to recertify, prove that I have my practice insurance, that I complete my continuing legal education hours, that I don’t have any complaints – bar complaints against me.

Deposition

A deposition is a recorded statement that you give with a court reporter for use under the rules of evidence in court.

Discovery

Discovery is just like -what it sounds like. You discover what’s going on in a case. You learn facts.

Interrogatory

An interrogatory is like a deposition, but it’s in written format and you answer your questions under oath.

Malpractice

Malpractice is when a professional breaches the standard of care. Not that they have to be perfect, but that they have to be reasonable in their actions.

Workers Compensation

Worker’s compensation means that you were hurt on the job. Your employer’s liable for your medical, a portion of your wages while you’re off work, and a lump sum for the disability that you have after medicine’s done the best it can do.

By: Spencer Farris

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