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Missouri Personal Injury Questions & Answers
1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Missouri on
Q: I was a inmate in custody being transported to Missouri from Michigan . Was in a accident in Kentucky

Was thrown against the cage while shackled . never was given option to go get checked out was told had to sign papers or no one would eat

James L. Arrasmith
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answered on Nov 30, 2023

In your situation, where you were injured while being transported as an inmate, you may have legal rights that need to be addressed. The circumstances you described, particularly being denied medical attention and being coerced to sign papers under duress, raise serious concerns.

Firstly,...
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2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

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2 Answers | Asked in Personal Injury and Criminal Law for Missouri on
Q: How does the settlement from a Catholic Diocese paid to the Sexual Abuse Survivors? Is each claim looked at and amount

determined by the Sexual Abuse Survivors Committee? How long does it take?

James L. Arrasmith
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answered on Nov 5, 2023

In cases involving settlements from entities like a Catholic Diocese to sexual abuse survivors, each claim is typically reviewed individually. A committee, often including a Survivors Committee, may participate in the determination of the amount of each settlement based on the specific... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Missouri on
Q: I have a Survivor claim filed in the Rockville Center Diocese and wonder what happens next with October 31 deadline?

What happens if they don't reach a settlement? I also have 3 Parish lawsuits with the state.

James L. Arrasmith
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answered on Nov 5, 2023

After the October 31 deadline for the Rockville Center Diocese claim, if a settlement is not reached, the case may proceed to litigation. The court will then determine the next steps, which could include setting a trial date. In the meantime, continue to monitor the status of your parish lawsuits... View More

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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 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

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: i got a letter in the mail saying i have to go to court in illionis for a water bill for 600$. I live in missouri and it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 6, 2024

You didn’t ask a legal question. If you’ve been sued and served don’t ignore the case. You want to avoid a default judgment. You didn’t indicate whether this might be a scam or if you previously incurred the debt.

2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I took my 5 yr old son for an annual dentist exam and cleaning. They mixed up kids. He received gas and shots-no consent

I understand that there may not be damage afterwards BUT there should be consequences. I contacted the dental board and waiting to hear back from an attorney. I think anyone with a small child could see my ANGER from this. They drugged my child for NO reason. I’m not the one to sue but in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 22, 2023

It absolutely is Malpractice. The issue is, what is the value of the harm.

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1 Answer | Asked in Personal Injury for Missouri on
Q: I find it very discriminating they're using the name Karen for all the people who throw crazy b**** and do stupid stuff

Yes it's causing me personal problems in this Media stuff they use the name Karen I'm not happy with that it's discrimination and there's no need to use the word Karen for these people it's my name

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. It might be difficult to argue this as discrimination - it isn't a matter of unequal treatment based on race, religion, gender, etc. It's basically a matter of a name getting drawn into slang usage. Good luck

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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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 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

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