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Personal Injury Compensation Part 2: Non-Economic or Intangible Damages

Published on Dec 13, 2018 at 3:57 pm in Personal Injury.

In Missouri, individuals injured through the negligence or recklessness of others in a personal injury case have the ability to seek compensation for both “tangible damages” and “intangible damages.”  We have provided two posts to explain the difference between both types of damages. For more on “tangible damages” or “economic damages” please see our post about these types of damages.  “Noneconomic” or “intangible damages” are those things that you cannot show through a medical bill or other objective evidence. 

As the Missouri Supreme Court said, they “do not lend themselves to precise calculation,”  and include recovery for things “such as past and future pain, suffering, effect on lifestyle, embarrassment, humiliation, and economic loss.”  Alcorn v. Union Pacific Railroad Co.,  50 S.W.3d 226 (Mo. Banc. 2001).

How Do Police Handle Hit-and-Run Investigations?

Published on Nov 28, 2018 at 9:25 am in Car Accidents.

It’s understandable to be confused and angry if you’re the victim in a hit-and-run accident. Car accidents by nature are traumatic experiences; however, if the guilty party decides to vanish and further neglect their responsibilities, it can make the experience much worse.

According to AAA, there are over 700,000 hit-and-run auto collisions every year. As a result, thousands of individuals are injured or lose their lives. In the event of a hit-and-run accident, as a victim, you may be wondering what your next steps are. While the process is a little different than it is when a typical accident has occurred, there is a process in place that will allow you the opportunity to hopefully find the guilty party.

The Ultimate Guide to Holiday Fun in Columbia, MO – 2018 Edition

Published on Nov 19, 2018 at 6:47 pm in Uncategorized.

Planning for the holidays can be rather hectic. Decorating, baking, shopping, and spending time with family and friends is a blast, but there’s so much to do! There are so many ways to celebrate this time of year, which is why we’ve taken the time to create the ultimate holiday guide, so you know exactly what Columbia, Missouri has to offer.

In Columbia, there are a number of holiday events to attend, in addition to many shops, restaurants, bars, and Christmas tree farms. Celebrate your holiday season by checking out the places in our guide.

If there’s anything you feel we’re missing, let us know! We’ll be sure to add it.

Personal Injury Compensation Part 1: Economic or Tangible Damages

Published on Nov 8, 2018 at 2:34 pm in Car Accidents.

In Missouri, individuals injured through the negligence or recklessness of others in a personal injury case have the ability to seek compensation for both “tangible damages” and “intangible damages.”  “Economic” or “tangible damages” are those things that can be calculated or identified, such as lost wages, lost earning capacity, past medical expenses, and future medical expenses.

We have provided two posts to explain the difference between both types of damages. This is part one of two. For more on “intangible damages” or “non-economic damages” please watch for our post next week.

First off, what are damages?  Damages are something an injured person receives, through a settlement or jury verdict, to compensate them for the harms they suffered a result of that injury. In the American civil justice system, we use money to compensate people as damages. Below are the types of “economic” or “tangible damages” you can receive monetary compensation for in a Missouri personal injury case.

Should I Report an Injury I Received on Someone’s Property?

Published on Nov 2, 2018 at 5:08 pm in Premises Liability.

You should always notify someone if you are injured on property or premises you do not personally own and ask for an incident report to be made.  For instance, if you slip and fall on ice, but don’t think you are injured, you should still notify an employee and ask for an incident report to be completed.  If you are engaging in activities on someone’s property and are injured because of an another person’s negligence or recklessness, you should report your injury immediately and ask for an incident report to be made.  You should always report the incident and ask for the incident to be documented, even in situations where you don’t feel immediate pain or feel like you were injured!

Some things to consider in addition to making a report:  First, look to see if there are any witnesses who saw the incident.  Ask for their names and contact information, and ask for that information to be put into the report.  Make sure you either ask for a copy of the report, or write down the witnesses’ name, contact information, and a description of what they saw.  People are generally helpful and are willing to give you information, and eyewitness testimony is crucial in cases involving a premises injury.  

Can I Get Compensation for a Car Accident I Partially Caused?

Published on Oct 1, 2018 at 5:54 pm in Car Accidents.

You’ve just been in a car accident and your thoughts are going a mile a minute. You know you need to seek medical attention and talk to the other driver right away. You realize you’re experiencing some pain and think you might have injuries. You’re worried about medical bills and other financial burdens. Now you’re worried even more because you’ve just realized you may have partially caused the accident. What now?

Our Columbia, MO auto accident attorney is prepared to answer your questions. Keep reading to learn about Missouri’s car accident laws and how determining fault and receiving compensations works.

What if I Don’t Have Health Insurance and I’m in a Car Accident?

Published on Sep 20, 2018 at 2:03 pm in Car Accidents.

One of the major issues our clients have when they are involved in a car accident is that they have received medical treatment and bills are piling up, or they need additional medical treatment and cannot afford it on their own.  There are a few options that people have when they find themselves in this situation.  Please note that every situation is unique, so there is not a “one size fits all” approach. 

Many people believe that the other side’s insurance company will pay their medical bills as they receive treatment.  Unfortunately, that is typically not the case.  For more information about why insurers typically won’t pay your medical bills as you treat, please see our blog where we discuss this issue at length.  As a result of not having health insurance or having some insurance company pay your bills, you are left in a terrible financial decision while you’re trying to get better.

In these situations, though, our firm gets hard to work looking at a few things.  First, we see if you have any medical payments (medpay) coverage available under your own automobile insurance that may cover past or future medical bills.  If you have medpay coverage available, then we work with your insurance company to make sure that you get all of the insurance proceeds you are entitled to and have paid a premium for.

When Will the Other Party’s Insurer Pay for Medical Bills After a Crash?

Published on Sep 6, 2018 at 2:24 pm in Car Accidents.

If you were injured in a car accident, you should know that most automobile insurance companies will not pay your medical bills while you treat.  In other words, if you are currently treating for your injuries and are sending the other insurance company your bills, it’s rare for the other insurance company to pay your bills “as you go.”

Instead, what the other side’s insurance adjuster will want is a full and complete medical history from you (through a HIPAA Authorization), access to your private medical history (even for things completely unrelated to your injuries), and will want to obtain all of your medical bills before they agree to reimburse you and compensate you for any medical bills that you have sustained as a result of an injury from a car accident.  Even if the other side’s insurance company agrees to eventually pay your medical bills, they will want to do so only when you are ready to settle your case completely.  Oftentimes, this is not possible when you are receiving your medical treatment.

Why Does Medical Malpractice Occur?

Published on Aug 24, 2018 at 2:43 pm in Medical Malpractice.

When we face an illness or injury, we put our trust in medical professionals to help diagnose and treat us, so we can recover and return to our lives as quickly as possible. Unfortunately, there are instances where we leave the care of a hospital in worse shape than when we arrived. When this happens, and it is the fault of a medical professional, it’s called medical malpractice.

Medical malpractice occurs much too often in the United States. The errors that result are currently listed as the third-leading cause of death, right after heart disease and cancer. These errors are almost always the result of human error, which means they should almost always be preventable.

Keep reading to learn about why medical malpractice occurs, and what you can do in the event you or a loved one is a victim.

5 Things NOT to Do After a Car Accident

Published on Aug 16, 2018 at 12:07 pm in Car Accidents.

After a car accident, you’re probably thinking about what you need to do next. What you might not be thinking of, however, is what you should not be doing. You’ll want to avoid certain actions after a car accident in order to improve your recovery time, avoid implicating yourself, and get the best possible settlement.

1) Do Not Leave the Scene

Regardless of how minor the car wreck may be, it’s imperative you stay at the scene of the accident until you check on the other party involved, exchange the proper information, and report the event to law enforcement. If you do not do these things, you’re committing a crime and could be charged with a hit-and-run.

If you leave the scene of an auto accident you can be charged with a misdemeanor and a fine– depending on the outcome of the crash. You may also have to serve a sentence of jail time.

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