How to Lose a Medical Malpractice Case
Published in Medical Malpractice on May 2, 2018
There are two primary issues that doctors, hospitals, nurses, and other medical professionals frequently use to avoid compensating patients who are injured while receiving medical treatment—standard of care and informed consent. What do you have to prove to win a medical malpractice case? Before we discuss how to lose a case, we have to understand what we have to prove… READ MORE
Do I Need a Trust?
Published in Estate Planning on April 17, 2018
Clients who are looking to do estate planning commonly ask questions like – “Do I have enough assets to need a trust?” and “Are we too young to need a trust?” This brief article is intended to address these common questions. The answer to these questions, as you might expect, will differ from state to state. In Missouri, you generally… READ MORE
How Much is my Personal Injury Case Worth?
Published in Personal Injury on February 16, 2018
One of the most common questions I hear from my personal injury clients is “How much is my case worth?” Unfortunately, a lawsuit or insurance claim is not as easy to put a price tag on as some of the treasures you might see on The Antique Roadshow! There are several factors that impact the value of a personal injury… READ MORE
Never Perform Field Sobriety Tests!
Published in DWI-Crim on January 23, 2018
First things first—NEVER DRINK AND DRIVE. Choosing to drive after you’ve consumed too many alcoholic beverages can have catastrophic, life-changing effects on your life and on the lives of others. However, no one is perfect and you may have a lapse in judgment that results in your getting stopped by law enforcement for driving while intoxicated. If you ever find… READ MORE
What To Do When One Co-Owner of Real Estate Is No Longer Happy with Joint Ownership
Published in Real Estate on January 11, 2018
Many people end up in co-ownership or joint ownership situations where they are not satisfied. Oftentimes, this happens in the context of receiving an inheritance, either by a beneficiary deed (a deed which avoids probate and becomes effective at death) or other deed, or a distribution from an estate or trust. Sometimes, it may be in the context of co-habitants… READ MORE
Who is Entitled to File a Lawsuit When a Family Member or Loved One Dies as a Result of Another’s Negligence or Misconduct?
Published in Plaintiff on January 4, 2018
Lawsuits that are the result of someone’s death are generally referred to as wrongful death actions. Wrongful death cases can arise out of car accidents, medical malpractice, defective products, and other unfortunate situations. In some instances, family members and loved ones interested in holding responsible parties liable pursue legal remedies by filing a civil lawsuit. In Missouri, however, only certain… READ MORE
Got a Lemon? How Missouri’s Lemon Law Can Protect You
Published in Commercial Law on December 6, 2017
The excitement of buying a new car can quickly sour if you discover that the car has significant mechanical problems. Repeated trips to the dealer or to the mechanic can leave a new car owner wondering what to do. Thankfully, Missouri (and many other states) has passed legislation to protect consumers who get stuck with defective vehicles. This law, commonly… READ MORE
IF I WIN MY CASE WILL THE DEFENDANT PAY MY ATTORNEY FEES?
Published in Personal Injury on September 14, 2017
One of the most frequent questions clients ask is whether the defendant in their lawsuit (or the insurance company who is paying the claim) can be forced to pay the clients’ attorney fees. In almost all cases, the answer to that question is “no.” Most states follow the “American Rule,” which requires parties to pay their own fees if they… READ MORE
Landlords & Tenants – The Implied Warranty of Habitability in Missouri
Published in Real Estate on August 24, 2017
When a tenant rents an apartment or a home from a landlord for his or her residence in the State of Missouri, there is an IMPLIED WARRANTY OF HABITABILITY that comes with the lease. To say it another way, each time a landlord rents a residential apartment or house to a tenant, the landlord automatically assures the tenant that the… READ MORE
Dealing with Insurance Companies
Published in Personal Injury on August 11, 2017
As I write this post, I am sitting on an airplane next to an insurance adjuster. The adjuster is poring over what appear to be claim files. Admittedly I did not get a good look at his paperwork, since I didn’t want to appear nosy by looking over his shoulder. However, out of the corner of my eye I did… READ MORE