Missouri Wrongful Death Laws

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

Whether you’re shopping at a business or walking down the street, the last thing you expect is to be flat on your back, and feeling pain. When you fall, or what lawyers typically call a “slip and fall injury,” the first thing to do is to figure out what caused you to fall. Was it a change in grade? Was it a slick substance on the floor? This isn’t always easy to do, because as you lay there in pain, the most important thing in your mind is to get medical attention. That is crucially important but if someone with you can take pictures of the scene, it will be invaluable to you later. When you slip and fall on someone else’s property, it’s important to get an experienced attorney who’s capable of investigating those claims. And if the claim involves a government entity, it is even more important to have an experienced attorney to investigate on your behalf. Call my office at the number on the screen, or visit us on the web at any time. I’m happy to visit with you and answer your questions about your slip and fall injury, without any cost or obligation. Call 314-A-LAWYER today, for your 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

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

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

Between school buses, public transportation and charter buses, we see buses on the road every day. And because there are more and more buses, there are more and more bus accidents. Although buses cost many times what an average passenger car does, they don’t often have the simple safety devices that we take for granted, when we buckle up to go to the grocery store. If you’re in a bus accident, whether it’s because a negligent driver struck your bus, or because your bus driver wasn’t paying attention and hurt you, it’s important to contact an attorney immediately. There are limits to insurance in all bus cases, and making sure that your claim is made is important. Call my office at the number on your screen, or visit us on the internet if you’ve been injured due to a bus accident. I am happy to visit with you, without any cost or obligation. Call 314-A-LAWYER today, for your free consultation.

By: Spencer Farris

The primary reason that trucking accidents are different form car-to-car collisions is the amount of force involved. When at 80,000 pound truck going 60 miles an hour hits a four or five thousand pound car, the energy is immense, and the damages and the injuries to the folks inside the car can be disabling, devastating, and sometimes fatal.  The other main difference in a trucking case is that trucking companies are regulated by state and federal government. It limits how often they can drive and how long they can be on the road. And because of that, even the most minor – relatively speaking – trucking case involves a lot of work to dig into log books and making sure that the trucking company was in compliance with government requirements. Call 314-A-LAWYER today for your 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

A Missouri wrongful death lawyer should help you make sure that the bills are getting paid after your love one has died. The bills for last treatment. Remember that the health insurance is probably going to want repayment for what they’ve spent. And you need someone fighting on your side to put that money to where it belongs. Taking care of you, your spouse or your children rather than paying back an insurance company. It’s really hard when you’re in the middle of the grieving process, and trying to think of all the things that have been taken away from you when a love one is killed to hire a Missouri wrongful death lawyer. But it’s important for you and your family to look forward into what’s going to happen when that person’s income– that person’s advice. All the things that person was bringing into your life are taken away. You’re never going to profit from the death of a love one. But it takes a skilled professional and basically a compassionate concerned professional to help you gather up some of the loses that you have, and help patch the hole a little bit when somebody is been taken out of your life. In Missouri a health insurance company is going to always asked to be reimbursed even for the death of a love one. And a Missouri wrongful death lawyer knows how to minimize those payments to health insurance. Most health insurance is not entitled to reimbursement, but they all asked for it. And you need a professional on your side to tell them no. 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