Blog

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

Should I Settle my Personal Injury Claim?

Published in Personal Injury on June 22, 2017

The overwhelming majority (between 90-95%) of personal injury cases settle without a trial (http://thelawdictionary.org/article/pre-trial-settlement-percentage-statistics-on-personal-injury-settlements/). Personal injury cases can include car accidents, slip and falls, premises liability cases (where a person is injured because of some danger at a specific location), medical malpractice, and defective products. Because so many cases settle outside of a trial, it is important to know how… READ MORE

What is a Class Action Lawsuit? Part Two

Published in Class Actions on June 14, 2017

While corporations and tort reform advocates lament class actions and have aggressively sought to limit your ability to bring a class action lawsuits (see the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act, which the House of Representatives passed earlier this year), the truth is that class actions provide great protections to individuals. In a previous post,… READ MORE

What is a Class Action Lawsuit? Part One

Published in Class Actions on June 6, 2017

How many of you have received a letter or email telling you that you are eligible to receive compensation because you purchased some product or service, but you have no idea how the postcard made its way to your mailbox? The answer is that the letter or email is generally the result of a class action lawsuit filed somewhere in… READ MORE

Grandparent Visitation

Published in Family Law on June 5, 2017

Many grandparents want to know what legal rights that they have to see their grandchildren. In many families, these questions come up in a divorce, the separation of unmarried couple or the death of one of the parents of the grandchild.  Missouri law does provide some protection for a grandparent in these situations.  Missouri provides for four instances when a… READ MORE

5 Tips for Preparing For Your First Estate Planning Appointment

Published in Estate Planning on February 7, 2017

1) Come with questions.  Most clients haven’t been through situations to become familiar with estate planning concepts.  Don’t be ashamed that you don’t understand what a trust is, how it works, who is in charge, etc. Many people believe a will is sufficient to avoid probate, which is not the case — a will merely directs the probate process.  A… READ MORE

Child Support for Special Needs Children

Published in Family Law on January 20, 2017

Child support for special needs children can extend beyond the age of 21. Under Missouri law there are three requirements that must be established in order for a special needs child to be entitled to support past the age of 21.   First, the child must be physically or mentally incapacitated from supporting himself or herself.  Second, the child must be… READ MORE

Most Dangerous Intersections in Missouri [New Study]

Published in Personal Injury on January 16, 2017

As part of our commitment to safety in our community, the team at Douglas Haun Heideman wanted to identify the most dangerous intersections in the state of Missouri. With the help of data visualization agency 1point21 Interactive, we analyzed over 148,000 collision records from the Missouri State Highway Patrol to find the 200 most dangerous intersections in our state. The data analysis… READ MORE