Frequently Asked Questions

It is very important to preserve the evidence in your case. Throughout my years as an injury attorney, I have worked with several clients who did not document their injuries before coming into my office. Many times clients will only take pictures of the vehicles involved in the crash. While that is important, you can assist your case, and potentially the value of your case, if you also document you or your loved one’s injuries, along with notes regarding activities that are or were limited because of the incident.

It is also very important to report all of your symptoms to your medical providers. An old adage with medical professionals goes something like this: If it isn’t in the medical records, it didn’t happen. Whether true or not, it is important to report your physical and psychological complaints to your medical providers so that a treatment plan can be evaluated and hopefully implemented in your situation.

When you come to your consultation it’s important to bring everything you have that’s related to the incident. We’ve listed key documents to bring to help move your case along, so a final resolution can be reached sooner.

If you do not have everything we listed, that’s okay. It’s more important that you come in for your free consultation as soon as you can. We will compile all of the documents at a later time.

IMPORTANT: Do not make any posts about the crash to any social sites or discuss it with anyone besides your medical providers.

Motor Vehicle Collision

1. A copy of the police report.
2. Insurance information on the other driver.
3. Insurance information for driver of the vehicle you were in.
4. Any additional car insurance you have, or someone else has on you or your car.
5. All medical bills and records related to the crash.
6. All pictures/videos of injuries and vehicles involved.
7. Your health insurance card and booklet.
8. A recent paycheck stub if claiming lost wages.
9. Names of all hospitals or clinics where you have been treated with for the crash.
10. Names and contact information of any witnesses.

Slip and Fall Injury

1. A copy of the incident or accident report.
2. Insurance information from the store (if they gave this to you).
3. Names and address of the location where you fell.
4. All medical bills and records related to this injury.
5. All pictures/videos of the location and people involved.
6. All pictures/videos of what you slipped /tripped on or over.
7. Your health insurance card or booklet.
8. A recent paycheck stub if claiming lost wages.
9. Names of all hospitals or clinics where you have been treated for your injuries.
10. Name and contact information of any witnesses or store employees/managers you dealt with.

On the Job Injury

1. A recent paycheck stub if claiming lost wages.
2. Names of all hospitals or clinics where you have been treated for your injuries.
3. Names and contact information of any witnesses.

What do I do if I have been injured at work?

If you have been injured at work, you need to immediately report the injury to your supervisor. Missouri law requires employees to provide prompt notice of any injury or accident to their employer.

How do I get medical treatment?

Under Missouri law, the employer (not the insurance company) has the right to select the treating doctor in workers’ compensation cases. If you need to see a doctor for treatment, your employer should tell you which doctor to see. If your employer does not refer you to any particular doctor, you should ask your employer which doctor they want you to see. Since your employer has the right to select the treating doctor, your employer (and its insurance company) may not have to pay for your bills if you choose to go to your own doctor, rather than to your employer’s authorized treating doctor.

Will I be paid when I am off work?

If the treating doctor certifies that you are unable to work, you should be entitled to “temporary total disability benefits”. You will not be paid benefits for the first three regularly scheduled work days you are off, but you should be paid for each day missed thereafter, and also for the first three days if you are off more than two weeks. The amount of these benefits is two-thirds of your gross average weekly wage, subject to certain maximums, which change every year. The law contains a formula for determining your average wage, which usually involves computing the average gross wages you earned over the 13 weeks prior to the accident.

Will I be paid mileage for my trips to the doctor?

Under Missouri law, you are entitled to be paid mileage for driving for medical treatment, but only if you are required to be treated “outside of the local or metropolitan area from the place of injury or the place of your residence”. This is subject to a 500-mile round trip limit.

Will I get a settlement?

If you are able to return to work after your injury, you may be entitled to a settlement or payment for your “permanent partial disability” if you have permanent disability as a result of a covered accident or injury. The amount you will receive depends on the extent of your disability. Doctors, or other experts, may have to evaluate your disability before an amount can be determined.

Are occupational diseases covered?

Under Missouri law, occupational diseases (as well as accidents) are covered. If you develop a disease or illness, which is directly caused by your employment, you may file a claim for benefits under the law.

Will I be paid anything for scarring or disfigurement?

In Missouri you can be paid for scarring or other disfigurement, but only if the disfigurement is to your head, neck, arms or hands. The disfigurement payment is determined by the administrative law judge or legal advisor at the Division of Workers’ Compensation and is in addition to all other benefits due. There are limits in the law regarding the amount you can receive for disfigurement.

What if I am unable to return to work because of my injury?

If you are permanently and totally disabled from all types of employment, you may qualify for “permanent total disability benefits”. However, you must be unable to work in any line of work in the labor market because of your compensable injury or occupational disease. The weekly rate for these benefits is the same as the temporary total rate. If you are totally disabled, you may also qualify for Social Security disability benefits. You should contact the Social Security office to apply for those benefits.

What is the Second Injury Fund?

In Missouri, if you had a physical or mental disability before you were hurt at work, you might qualify for additional benefits from the Missouri Second Injury Fund. The purpose of this fund is to encourage employers to hire and retain employees who have disabilities. In some cases, the Second Injury Fund’s liability can be substantial. For example, in permanent total disability cases the Second Injury Fund can be held responsible for an employee’s lifetime weekly benefits when the permanent total disability results from a combination of the employee’s preexisting conditions and those caused by the current injury. Also, in death cases, when the employer failed to obtain workers’ compensation insurance, the Second Injury Fund can be held responsible for death benefits to the employee’s dependents. Claims against the Second Injury Fund must comply with special time limits in the law.

When should I file a claim?

The Missouri Workers’ Compensation Law contains time limits for the filing of claims. Generally, a claim must be filed within two years of the last to occur of the following: date of the accident, last payment of workers’ compensation benefits or the last medical treatment provided: or, within three years of the last of those dates if the employer failed to file the Report of Injury with the Division of Workers’ Compensation within the time allowed by law.

Remember, simply notifying your employer or its insurance carrier about your injury does not constitute filing a claim. A claim is “filed” by filling out the claim form with the Division of Workers’ Compensation.

Do I need a lawyer for my workers’ compensation case?

Not everyone who suffers an injury or illness at work needs a lawyer. However, a lawyer can answer your questions and represent your interests in your workers’ compensation case. If necessary, your lawyer can take your case to trial before an administrative law judge.

There are seven things you need to expect when suit is filed in your case.

1. A petition is filed with the Court and service is issued to the Sheriff. Once the Sheriff serves the Defendant(s), they have 30 days to respond or they are in default. This means that we can go to court and get a judgment against them. If formal discovery is served against the defendant with the petition, then 45 days are given to respond to the petition and discovery.
2. Most of the time, the defendant will turn over the Summons and Petition to their insurance company. The insurance company files an answer, and we normally respond by sending out discovery.
3. Discovery is a process where the Plaintiff(s) and Defendant(s) send documents to each other containing questions about the incident, injuries, past injuries, insurance policy information, safety procedure of the company, etc. Each party may be requested to produce documents such as insurance policies, medical records, medical bills, tax returns (if you are claiming lost wages), etc. This process can take up to three months or more to complete depending on the cooperation of both sides, sometimes longer for more complex cases.
4. The next step is depositions: Depositions are where you actually appear in my office (or another law firm) to be asked questions under oath regarding the incident, injuries, lost wages, recovery time from injuries and activities that are stopped or limited by your injuries, etc. This same process is repeated for the defendant, eyewitnesses, experts, treating medical providers and any other parties.
5. After the discovery and depositions are finished, we may proceed to court for trial. Prior to that, one side may also request a mediation to attempt settlement negotiations prior to trial.
6. Please note, if you are still receiving medical treatment when we file suit, this will slow the process down. You need to be at maximum medical improvement (MMI) before we can attempt to settle your claim. The exception is if your treatment will be ongoing/lifelong. If that is the case, future medical care can be assessed and quantified by a qualified physician.
7. It’s important to remember that litigation cases take time and patience. Do not expect your case to settle within six months of your case beginning. It normally takes six months or more to complete discovery and depositions. Many courts will not set a trial date or order mediation until these items are completed.

Thank you for taking the time to read this information so that you are better informed about your case as it processes through the system. You may contact my office at anytime to get an update on your case.

Underinsured motorist insurance coverage can help protect the person that has been injured due to the negligent driving of someone who does not have enough car insurance coverage. This is completely separate and does not apply when uninsured coverage applies.

Here are a few examples of when this underinsured coverage (often called UIM by your insurance agent) may apply:

Scenario 1: You are a driver or passenger in a vehicle that was hit by another vehicle. You incurred $70,000 in medical expenses from this crash. The negligent driver did not have enough car insurance to cover your medical expenses. Remember, Missouri’s state minimum coverage is currently only $25,000 for this situation, and most drivers on the road today only carry minimum coverage. That can leave you responsible for the remainder of the medical bills. This coverage will usually only apply after the negligent driver’s car insurance policy has already been paid.*

Scenario 2: You are riding your motorcycle or bicycle and are struck by a vehicle that has insurance, but not enough to cover your damages. Your own car or motorcycle insurance may cover your bodily injuries for this type of collision.*

Scenario 3: You are walking down the sidewalk and are struck by a vehicle. The driver does not have enough car insurance coverage to pay for your injuries. Your own car insurance may cover your bodily injuries for this type of situation.*

*Please note every case is different and most insurance policies are different as well. Therefore you should consult an attorney immediately regarding a potential claim.

There are also some limited situations in which an uninsured motorist claim and an underinsured claim can prevail if there are two negligent drivers involved. Consult an attorney to discuss this possibility.

Uninsured motorist insurance coverage can help protect the person that has been injured due to the negligent driving of someone who does not have car insurance.

Here are a few examples of when this uninsured coverage (often called UM by your insurance agent) may apply:

Scenario 1: You are a driver or passenger in a vehicle that was hit by another vehicle where the driver does not have car insurance. Your injuries may be covered by your own car insurance, whether or not you were the driver of the vehicle that was hit or not.*

Scenario 2: You are riding your motorcycle or bicycle and are struck by a vehicle where the driver does not have car insurance. Your own car insurance may cover your bodily injuries for this type of collision.*

Scenario 3: You are walking down the sidewalk and a driver, who does not have insurance, hits you. Your own car insurance may cover your bodily injuries for this type of situation.*

*Please note every case is different and most insurance policies are different as well. Therefore you should consult an attorney immediately regarding a potential claim.