Missouri Wrongful Death Laws

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’re in a car crash, the pain that you initially feel is only the beginning of your problems. When you make your claim to an insurance company, there’s a couple things that you need to know. One is that you’re entitled to recover your lost wages even if you took sick pay or vacation time at the time you were working. That was money that came out of your sick bank or your vacation bank and it’s money that is gone. The other thing you need to know is that insurance companies don’t automatically write you a check just because their insured hurt you. Just because they owe you money doesn’t mean they’re going to give it to you. You have to document your medical expenses and the treatment that went with them. I tell folks every day not to sign an authorization to let the insurance company get your medical records. You still have a right to privacy, but you want to control how those records are filtered to an insurance company. An attorney that’s experienced in representing injury victims is in a much better position to do this than you are. Call my office at the number on the screen or visit us on the internet. I’m happy to talk with you about your injury case and if I can’t help you, at least point you in the right direction so you can get on the path to recovery on your own.  Call 314-A-LAWYER today for a free consultation.

By: Spencer Farris

We count on medications to make us feel better, but it doesn’t always work that way. Some drugs get to market before adequate safety studies are done, and the drug itself winds up causing more harm than good. Other times, a doctor will prescribe a drug without knowing a full history and the other medications that you are taking, and the drugs and your history work together to cause harm. Finally, my office has represented folks where the pharmacy has placed the wrong drug, either the wrong dosage or the wrong pill altogether in the bottle. If you or a loved one has been harmed due to a medication error, call my office at the number on the screen or visit us on the Internet. Not all injuries are caused by drugs, and I’m happy to help you figure out if your family has been harmed due to a dangerous drug.  Call 314-A-LAWYER today for your free consultation.

By: Spencer Farris

A lady called me to tell me that she’d been in a car crash and before she even got home from the hospital she had a message on her answering machine from the insurance company. Let me tell you what happened next. 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 represent injury victims and their families. And when I got the call from this lady I knew that she needed some help.

The insurance company wanted to initially make contact and befriend her if you will and offer her a settlement, that’s 101 in the claims adjusters handbook. They do that because if they settle a case quickly they know that they can so more cheaply. You won’t know the full extent of your injuries. You won’t have spoken to a lawyer and you won’t really know what your case is worth. In this client’s case it was a good thing that she called because we told her not to settle her case and six months later she needed surgery on her neck. You only get one opportunity to settle your case, to get all of your medical paid for, to gather your lost wages, and provide for your family, and to get whatever damages you’re going to get for pain, suffering, and inconvenience. If you do that too quickly in a case and don’t know the full extent of your injuries, you’re going to sell yourself and your family short. That’s what the insurance company wants. Thats what some lawyers want when they advise you to take a quick settlement, but it’s not what’s best for you. If you have questions after you’ve been hurt, call my office at the number you see on the screen or contact us through the internet at the web address below. We’re happy to visit with you for free and give you whatever advice we can on how to handle your case. The S.E. Farris Law Firm is dedicated the needs of injury victims and their families.

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

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

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

A trial is when your case is finally decided by a judge or a jury, and somebody else decides what your case is about and what it’s worth.

By: Spencer Farris