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Missouri Personal Injury Questions & Answers
0 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Missouri on
Q: Can I sue my ex-employer for losing my life and supplemental health insurances?

I lost my life & supplemental health insurances because my ex-employer never filled out necessary forms after I quit and the 31 day deadline passed. I had to contact the insurance companies myself because the job was clueless on the process. I compiled all this information in a step-by-step... View More

Q: I informed employer of surgery needed and less than a month later. Is this a case of wrongful termination?

when being layed off I asked if my health insurance will still be active and I received a verbal yes same day I was informed of being laid off. I never received any emails or letters in the mail or phone calls to inform me my insurance was being discontinued. Ended up following up with doctors and... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

If you chose to continue your health insurance coverage under COBRA and timely paid your premiums, your claim would be for breach of contract against your health insurance company, the contract being the health insurance policy.

1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: i was involved in a accident last year in July i was uninsured. are there any lawyers who would take my case i

i had insurnsces on my truck just not my car

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2023

I'm sorry about your accident. A Missouri attorney could advise best, but your question remains open for a week, and if you have been served with papers, you'll need to respond promptly. It's going to be difficult for attorneys to offer their services to you - this site isn't... View More

2 Answers | Asked in Personal Injury for Missouri on
Q: I broke my ankle on snow in an apartment complex. This was February of 22. My question is why is my case taking so long?

Lawyer keeps telling me he hasn’t heard back from them. Every time I call he’s on vacation.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2023

That’s a question you should ask your attorney, who knows what has been done and if the case has been set for a trial yet.

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1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for Missouri on
Q: Are attorney's fees recoverable in a property damage suit against vehicle insurance company/their insured?

After a car accident, I file a 3rd party claim against the at fault driver (insurance company agrees their insured is at fault). My vehicle is deemed a total loss and is grossly undervalued. The insurance company refuses to alter their offer and doesn't seem to understand the rarity of my... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 7, 2023

Missouri follows the "American Rule" regarding attorney's fees. In a lawsuit for negligence, you aren't entitled to attorney's fees.

2 Answers | Asked in Personal Injury for Missouri on
Q: My Daughter's basement leak couple months ago water inside wall on floor .now mold the insurance company not wanting to

Pay the amount to fix it .Now kids sick allergies she's ill too I felt ill over there I have lung trouble .what can we do to make the insurance company pay and fix it ? Worried about mold and sick kids

Tim Akpinar
Tim Akpinar
answered on May 20, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. One option is to try to set up a free initial consult with an attorney. However, mold cases are difficult nationwide. Document any medical documentation of injuries. Good luck

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1 Answer | Asked in Personal Injury, Health Care Law and Insurance Bad Faith for Missouri on
Q: I was never serviced for a lawsuit in 2013. Now 2023 discovering a default judgment against. What to do? READ DETAILS!

I was in jail/prison and allegedly a “family member” who was at my last known residence was served my summons. I had no clue of any of this information until 2023 upon a case net civil search. The debt is for medical bills/lien (improper lien) I may add as a result of a personal injury’... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

I suggest you hire an attorney who is experienced in filing motions for relief from void judgments. Because more than one year has passed since entry of the judgment, you are ineligible to file a motion to set aside a default judgment, which requires "good cause" and articulation of a... View More

2 Answers | Asked in Car Accidents and Personal Injury for Missouri on
Q: I was hit by a semi; & receiving pain management & treatments. Insurance wants to settle. What is the value of my injury

I am facing surgery. insurance wants to settle. What is a back and neck injury worth?

Michael S. Foster
PREMIUM
Michael S. Foster
answered on Apr 25, 2023

Unfortunately, this is impossible to answer without reviewing your medical records and bills, the police report, etc. You may also have future medical issues that need to be addressed for which you should be compensated for. Again, every case is different and depends on a lot of different factors.

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1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: Is there a minimum height for an unmarked overpass for the railroad in the city of Chicago

I had an unmarked overpass for the railroad and my semi truck and trailer that is 13 ft 6 in but they were no posting of the high anywhere prior to going under the bridge

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

A Illinois attorney could advise best, but your question remains open for two weeks. This could be something that civil engineers and city planners are more familiar with than attorneys. One option is to contact the Chicago Department of Transportation (CDOT) for information. Good luck

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Missouri on
Q: We are all showing signs of mold toxicity and they haven’t done anything I have a disabled child along with 2 other kids

I’ve had seizures and my wife is losing her hair

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You could look into trying to set up a free initial consult with an injury firm that handles mold cases. Keep in mind that these can be difficult cases, depending on... View More

1 Answer | Asked in Personal Injury for Missouri on
Q: How do I keep from being sued for injuries from allowing a party in my commercial building w no insurance?

Im allowing a wedding reception in my old building. I carry zero insurance on it. How can I prevent any law suits?

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. There really is no bulletproof way to prevent lawsuits, because there is no way to control the tendency of people to sue. Insurance is the primary safeguard against this. Good luck

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: went to the er in June 2022 and was diagnosed with dehydration and arthritis I went for problems urinating and hip pain

I went back to work and everything was getting worse I was drinking lots of fluids and urinating started again but my hip and leg kept getting worse I went back and they told me I had osteonecrosis and would have to have a hip replacement after I got copies of both my ct scan results in June it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

A Missouri attorney could advise best, but your post remains open for five weeks. Making a determination of this situation would require a medical opinion. It sounds like you are asserting a theory of failure-to-diagnose, based on your contention that you suffered damages from your osteonecrosis... View More

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... View More

1 Answer | Asked in Personal Injury for Missouri on
Q: Am I able to sue or do something about a fall in that city? I broke my foot and hurt my arm from a dark hole I fell into
Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

A Missouri attorney could advise best, but your question remains open for a week. It could depend on the total circumstances, whether the fall was the result of poor lighting, engineering defect, negligence in maintenance, etc. The best way to answer your question would be to reach out to Missouri... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: My girlfriend was assaulted by another tenant at our apartment building. What legal action can we take?

The lady that assaulted her was arrested. I more want to know what legal action we can take against our landlord if he doesn't evict her.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 17, 2022

Your girlfriend can make a police report. She can also contact property management. And if your girlfriend has the financial means to hire and attorney and if she suffered significant injury (I hope not) and if the assualter has money, your girlfriend could hire an attorney to file a lawsuit.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Missouri on
Q: My dog bit someone it states on the served paper "I was corralling the dog" is that proof my dogs were provoked. Missour

Does does that constitute the dog defending itself or is that a vicious bite I'm in the state of Missouri and I'm being sued because my dog bit someone who was grabbing it and picked it up while chasing it

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

I suggest you contact your homeowner's insurance company to see if it my provide coverage and counsel. Otherwise, hire your own attorney if you can afford one. I know that you want someone to tell you that the case lacks merit, but no cautious attorney is going to tell you that. Litigation... View More

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1 Answer | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: Can I sue my landlord for mold exposure after signing renters liability waiver?

Me and my family have been exposed to white black and green mold within our walls. We all have been experiencing different health problems that are consistent with mold exposure. We found out that old mold had been sitting and spreading through our walls before we signed a lease. We found out about... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. Your best option for a meaningful answer to your question would be to try to arrange a free initial consult with a law firm. That's because attorneys would likely... View More

1 Answer | Asked in Personal Injury for Missouri on
Q: What is the stature or percentage fee or charge for a lawyer on Missouri handling a lawsuit for property damage
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2022

There is no statute or specific percentage. For contingency representation, attorneys weigh numerous factors in coming up with a percentage, such as the potential recovery, the strengths and weaknesses of the case, whether the potential plaintiff has realistic expectations, and whether a judgment... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Missouri on
Q: Can a certified lifeguard in the state of missouri be held liable if someone drowns in a municipal public pool?
Todd N. Hendrickson
Todd N. Hendrickson
answered on May 20, 2022

That depends on a lot of factors. All I can say at this point is it's possible.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Missouri on
Q: My daughter is a victim of sexual assault and our identity is plastered all over casenet.

Statue 566.226 states our Identity is not suppose to be public records,

Our address to our home as well as my daughter school, as well as My name ( her Mother) all over case net

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 20, 2022

That’s terrible. Hire an attorney to seek to have that information not appear on Casenet. I don’t know why a judge would not grant a motion to seal or raise the security level of such filings.

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