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Archive for December, 2009

Check Yourself Before You Wreck Yourself!

Posted on December 21st, 2009 by The Firm

Been in a car accident?  Check out these 7 deadly sins that can wreck your case.

1.  Failing to call the police - Don’t ever assume that it will later be obvious what happened.  Call the police and tell your story.

2.  Providing a recorded statement to an insurance adjuster - Whether it is your company or the other driver’s, don’t speak to the adjuster without first talking to an attorney.  Despite what the commercials say, the insurance company is not on your side – you are not in good hands.

3.  Failing to see your doctor after a traumatic event - You may not think you are hurt but you are not a doctor.  If for, whatever reason, you didn’t go to the hospital from the scene be sure to follow-up with your primary care physician as soon as possible.  Insurance adjusters, and more importantly, jurors, notice when you take too long to make that appointment.  They will say, he couldn’t have been that hurt, he didn’t see a doctor for a month!

4.  Failing to be honest with your doctor - If something hurts, tell your doctor.  If it doesn’t hurt, please don’t say it does.  This is a common theme you will hear from us – be honest.  If you are honest, you have nothing to be nervous about.  Don’t conceal prior injuries.  Don’t assume that your minor pain is no big deal.  Let the doctor do his job.

5.  Talking to your doctor about a potential lawsuit - If you walk into your appointment asking if you will get money for your injury, your doctor isn’t going to trust you and neither will the jury.  Keep your lawsuit and your medical treatment separate.  Most doctors do not want to be involved in a lawsuit.  If you seem focused on your case, it may compromise your medical treatment.  Your first priority should be your health.

6.  Missing or showing up late for medical appointments - If you don’t care about your health, why should the insurance adjuster?  Better yet, why should the jury?  Missed appointments are indeed something the jury will hear about.  Just don’t do it.

7.  Failing to be honest with your attorney - We are here to help you.  If you aren’t honest with us, we cannot help you.  The insurance company will pay large sums of money to prove you aren’t hurt.  If you say you can’t move, they will try to videotape you mowing the lawn.  We need to always be updated on your health status so that we can properly represent you.  Finding out at trial that you aren’t as hurt as you said you were is too late.  Likewise, if you have a skeleton in your past that could affect the case, it is better to be up-front with us.

To learn more about Personal Injury, contact Bob Rowland.

Wills, Trusts and Estate Planning – The Gift that Keeps on Giving

Posted on December 16th, 2009 by Holly A. Reese

Since the holiday season is upon us, it seems only natural that we take some time to slow down and reconnect with our family. Spending time with the generations in your family may have you thinking about future generations, and specifically, how to make sure they are taken care of if something should happen to you.

This is an unpleasant topic that many of us want to ignore, put off, or just pretend won’t happen to us. Far be it from me to tell you that you are wrong – but you are wrong. The unfortunate truth is that we all need to think about our future generations, and to ensure that they are provided for, and we need to do it today – not tomorrow, not next month, not next year.

I would propose that you think of an estate plan much like you think of insurance – something that is vitally important and necessary, but that you hope never to use. Think about not only the tangible items that you want to leave to your loved ones, but also what you don’t want to leave them – the burden of probating an estate without a will, trust, or any direction from you.

Consider an appropriate estate plan your gift to those you may one day leave behind. It may not be a partridge in a pear tree, but it is better than a lump of coal. Happy Holidays to all!

To learn more or contact this author, Holly Reese, click here.

Missouri Medical Malpractice Caps on Lawsuits Only Hurt Victims

Posted on December 8th, 2009 by The Firm

The St. Louis Post Dispatch recently printed an article discussing the medical malpractice caps in Missouri.  In August 2005, the Missouri lawmakers decided to cap awards for non‑economic damages in medical malpractice cases at $350,000.00 total for all defendants. Prior to this law passing Missouri already had medical malpractice caps at approximately $545,000.00 per defendant and the cap was adjusted for inflation.  The new cap has no inflation adjustment.

This means if your physician carelessly injuries you, he and his insurance company are protected ‑ they only have to pay $350,000 for your pain and suffering.  Doctors and insurers argued this law was necessary because insurance rates continue to rise.  As attorneys for injury victims, we think this law is detrimental to the health system as a whole.  If you make an error and injure someone on a roadway, your liability is not capped.  Doctors need to be held responsible for their careless conduct just as the rest of the public is held responsible.  The insurance companies make up a billion‑dollar industry that does not need protection.

To learn more about Medical Malpractice, contact Bob Rowland.

You can read the full article here.