Personal Injury FAQs

  • Auto And Traffic Accident FAQ

    • What should I do after I am in an automobile accident?Having an auto accident is often a stressful situation; physically, emotionally, and financially. If you have been in an accident you should document as much as you reasonably can. Keep notes of contact from insurance companies, pictures of property damage and injuries, records of the medical care required, medical bills, costs expended for medications or doctors visits, and generally any other information pertaining to the accident. If the insurance company contacts you asking for a statement or for a medical records release, you might want to first speak with an attorney. It is also generally advisable to contact an attorney to discuss your individual situation. We offer free consultations and would also be glad to answer questions over the phone for you. Please call us at (573) 755-0403.
    • Should I take pictures of the accident?Yes. If you are physically able, it is helpful to have pictures of the damage to vehicles, road conditions, the location, and injuries.
    • Should I request a police report?Yes. Police reports document that the accident occurred and contributing factors of the accident (i.e. if the other person failed to yield, weather, location, etc).
    • Who is responsible for paying for my injuries?That greatly depends on the nature of the accident and who was at fault for the accident. Missouri is a comparative fault state, meaning that if one person is 10% at fault and the other is 90% at fault, the person more at fault may still recover some damages for injuries based upon the other person's share of fault. The recovery is to be diminished by the person's proportion of fault, but recovery may still be had.
    • Will the insurance company have to pay for my medical care?This also depends on the nature of the accident, and also the insurance coverage provided. The vehicle you were riding in might have medical payments coverage, which typically pays for medical bills incurred from an accident, up to the coverage limit. If multiple persons are injured, the payments might be apportioned between the multiple injured persons. Beyond that, reasonable and necessary medical expenses for injuries that were the result of an accident caused, at least in part, by another person's fault are often included in the amount of damages recoverable for the accident. The insurance company does not pay the bills as they go along, but they are usually included in the final settlement.
    • How long does an insurance claim take to resolve?This question unfortunately hinges on too many contingencies to answer here. Some claims settle in a matter of weeks, but that is indeed rare. Most claims cannot even begin to settle until you have made as much of a medical recovery as possible, which often takes months. Thereafter, the claim process takes a few months to gather medical records and proceed with a demand. If a lawsuit is necessary, the process might well take years.
    • How much is my claim worth?While we very much wish there were some magic formula we could tell you, it is simply not possible to do so, nor would it be responsible to try to do so. However, for the purpose of consideration, some of the factors that go into the ultimate disposition and settlement or judgment for a personal injury claim depends on the nature of the accident and injuries, whether there was egregious conduct on the part of one party (i.e. drunk driving), the victim's age, whether the person missed work, the permanency of injuries, and the recovery period.
    • How much does it cost to get a consultation or hire the firm to represent me?We offer free consultations and we accept cases on a contingency basis, meaning that our fee is paid from the amount we recover for you and if we do not recover anything for you, you do not owe us any money.

    Other Questions: If you have any other questions, we would be glad to help. Just give us a call at (573)755-0403 to speak to an attorney today.

  • Medical Malpractice FAQ

    • How long do I have to file a lawsuit for medical malpractice?In Missouri, medical malpractice suits typically fall under a two year statute of limitations, with limited rare exceptions.
    • How do I know if medical malpractice has occurred?Medical malpractice occurs when there is a standard of care that is to be provided and the medical provider fails to meet the standard, resulting in injuries or damages to a person. Complications from medical care are common though, and simply because a person has bad results from medical treatment does not necessarily mean that the medical care constituted malpractice.
    • If I signed a consent form, does that waive my rights to sue for medical malpractice?No. Consent forms acknowledge your having been advised of the risks and possible complications of a surgery. It does not waive the providers obligation to act within a reasonable standard of care.
    • What should I do if I think I have a medical malpractice claim?Given the short statute of limitations, it is advisable to immediately speak with an attorney regarding your possible claim.

    Other Questions: If you have any other questions, we would be glad to help. Just give us a call at (573)755-0403 to speak to an attorney today.

  • Premise Liability FAQ

    • If I get hurt on someone else's property, are they responsible for my injuries?Possibly. Premise liability depends in part on the nature of your relationship to the landholder, for example it is different if you are a friend visiting a residential house than if you are a burglar breaking into a house. Most premise liability situations ultimately come from customers at a store though, in which case liability might exist if there is an unsafe condition on the property that the shop owner knew or should have known about that causes you an injury.
    • What should I do if I get injured?A person should consider appropriate treatment for their injury. While it is not our place to give medical advice, a person should use good judgment in assessing what treatment they need (i.e. do not go to the emergency room for a scraped knee). If you are injured on another person's property it is also helpful to take a picture of the location that you were injured at. For example, if there was a pothole that you tripped on, it is good to have a picture of the size and location of the pothole.
    • How do I know if there was an unsafe condition on the premises?A good rule of thumb for evaluating whether there was an unsafe condition is if you would have not been injured if the condition was not present. If your knee buckles under you and you fall, but nothing on the ground caused this, there was no unsafe condition. If your knee buckles because a board gave way, there was probably an unsafe condition.
    • What does it cost to speak with an attorney to discuss my case?We would be glad to discuss your case over the phone or meet with you in person for a free consultation.
    • Will I have to pay money up front for the firm to represent me?No, we accept cases on a contingency basis which means that our fee is paid out of your recovery and if we do not recover anything for you, you do not have to pay us.
    • Should I speak with the insurance company?While not all insurance companies are bad, it is almost always advisable to first speak with an attorney to evaluate your situation before engaging the insurance company. Many companies are fair and honest, but their interest is still in paying you as little money as possible for the claim. Anything you tell them can later be used against you, and might be taken to mean something other than what you intended.

    Other Questions: If you have any other questions, we would be glad to help. Just give us a call at (573)755-0403 to speak to an attorney today.

  • Product Liability FAQ

    • What makes a product seller or manufacturer liable for bad products?Product liability is a legal claim based upon a product being in the hands of a consumer that, based upon some flaw in the product or its sale, causes injury or damage to a person or property when the product is used in a manner reasonably anticipated. Such flaws might include a poor design, unsafe feature, poor manufacture, failure to warn of the dangers or failure to instruct on proper usage. Liability can be based upon the product being defective and unreasonably dangerous when sold to the consumer, and/or the product was unreasonably dangerous and not adequately warned of when used as reasonably anticipated, even if the manufacturer did not have knowledge of the dangerous characteristic
    • Who is responsible for a bad product?Any party in the stream of commerce (i.e. manufacturer, wholesaler, retailer) might share some liability for an unsafe product, though a higher percentage of liability is often placed with the manufacturer.
    • What if the product did not have a warning about a dangerous feature?Failure to warn about dangerous conditions or danger associated with reasonably anticipated methods of using a product create liability for damages on the part of those responsible for getting the product to the consumer.
    • How much does it cost to speak with an attorney about my claim?We would be glad to discuss your case over the phone or meet with you in person for a free consultation.
    • Do I have to pay any money up front for your firm to represent me?No, we accept cases on a contingency basis which means that our fee is paid out of your recovery and if we do not recover anything for you, you do not have to pay us.

    Other Questions: If you have any other questions, we would be glad to help. Just give us a call at (573)755-0403 to speak to an attorney today.

  • Social Security Disability

    • Please visit our page devoted to Social Security Disability for more information.
  • Workers' Compensation

    • Please visit our page devoted to Workers Compensation for more information.
  • Wrongful Death

    • What does it mean for there to be a wrongful death claim?A wrongful death claim results when a person passes away, at least in part, due to the fault of another. This might be based upon an automobile accident, intentional physical harm, negligent conduct, medical malpractice, and other sources of wrongful conduct.
    • Who is allowed to bring a wrongful death claim?The law assigns classes of individuals allowed to bring the legal claim for a wrongful death. The first class includes a surviving spouse, children (and descendants of children that predecease the person), or parents. The second class includes brothers and sisters, or their descendants, if such persons can prove their right to recover damages listed in the statute, RSMo 537.090. Damages are based upon items such as services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support that the survivor has lost as a result of the death.
    • How soon must a wrongful death claim be made?The typical claim for wrongful death must be brought within three years of the date of death. Medical malpractice based claims must be brought within two years.
    • Who is responsible for a person's wrongful death?Any person whose improper or negligent conduct contributed to the death of a person.
    • Does insurance cover a wrongful death claim?Possibly. Insurance coverage is usually applicable for automobile accidents. Intentional conduct, such as murder, is not covered by insurance.
    • What if the person died while working?When a person dies while working their claim might be subject to Workers Compensation law, although it is possible there could be additional and alternative liability against other parties.
    • How much does it cost to speak with an attorney about my claim?We would be glad to discuss your case over the phone or meet with you in person for a free consultation.
    • Do I have to pay any money up front for your firm to represent me?No, we accept cases on a contingency basis which means that our fee is paid out of your recovery and if we do not recover anything for you, you do not have to pay us.

    Other Questions: If you have any other questions, we would be glad to help. Just give us a call at (573)755-0403 to speak to an attorney today.