Who is Entitled to File a Lawsuit When a Loved One Dies?
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 to pursue legal remedies by filing a civil lawsuit. In Missouri, however, only… READ MORE
Who Pays the Legal Fees and Court Costs in a Lawsuit?
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.” For more information about your specific case, contact a Springfield personal injury attorney today. Understanding the… 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
5 Tips for Dealing with Insurance Companies After an Accident
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. 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 the… 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 the… 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