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Missouri Personal Injury Questions & Answers

2 Answers | Asked in Personal Injury for Missouri on

Q: I bought a breaker bar from harbor freight and as soon as I tried to use it it broke and broke my tooth out

I did nothing wrong and yet my tooth is broke and ugly

Ronald J. Eisenberg answered on Mar 10, 2019

You didn’t ask a question but I’m assuming you want to know whether to hire an attorney. If so, it’s up to you. If you could find an attorney to represent you on a contingency basis, that would be great. If you have to pay an attorney $250+ per hour, and there’s no guarantee of the... Read more »

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Legal Malpractice for Missouri on

Q: can an extended stay hotel refuse to continue to rent due to rumors?

I was put on an extended stay hotel DNR list due to rumors and nothing else. I rented the room for a week and did put another guest on my room she is an adult, I have no control over her. I did nothing wrong never had the police there, did not bother anyone. I was always in my room. Was told that... Read more »

Ronald J. Eisenberg answered on Feb 26, 2019

A hotel may not discriminate against you on account of race, religion, national origin, etc., but may discriminate against you on account of merely not liking you or mistakenly believing you are selling drugs.

1 Answer | Asked in Personal Injury and Child Custody for Missouri on

Q: My sister is 16, and my mom attacked her hitting her in the face with her phone and my sister pushed her into the tv.

My mom then got on top of my sister and hit her again so my sister hit her back. Now my mom is threatening to send her to Juvy. Can she?? And since I’m 18, can I get custody if my mom is taking narcotics??

Lydia Seifner answered on Jan 28, 2019

If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services... Read more »

1 Answer | Asked in Personal Injury for Missouri on

Q: If I discover a daycare staff member hit my child and left a bruise, should I sue the whole center or just that one

staff member?

Ronald J. Eisenberg answered on Dec 4, 2018

The daycare staff member probably makes about ten bucks an hour. I hope your child recovers. A bruise is serious, but if your child was not harmed in a way requiring medical attention it might not make sense to sue. Unfortunately, personal injury attorneys who take cases on a contingency... Read more »

1 Answer | Asked in Personal Injury for Missouri on

Q: The party I sued relating to a dog bite injury just filed for bankruptcy. Does that mean he doesn't have to pay my

medical costs?

Ronald J. Eisenberg answered on Nov 13, 2018

Confer with a bankruptcy attorney to determine whether your claim would be exempted from the bankruptcy action under 28 U.S.C. § 157(b)(2)(B). https://www.law.cornell.edu/uscode/text/28/157

2 Answers | Asked in Personal Injury for Missouri on

Q: I received an insurance's settlement check for a car accident but my lawyer is holding it. Is this legal?

Peter N. Munsing answered on Oct 28, 2018

Usually has to until the lien claims are straightened out. Why not ask them what has to be done so you get the picture.

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1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Missouri on

Q: My son's phone was damaged by 2 boys at school. They admitted it, parents agreed to pay. Now they refuse.

I reported it to school and the boys admitted to it & the parents said they'd pay to repair it so I filed a claim with my insurance company. The deductible turned out to be $225. Upon hearing that amount the parents now don't want to pay. They expected the screen repair was only going to be about... Read more »

Peter N. Munsing answered on Oct 28, 2018

sue them in small claims

1 Answer | Asked in Personal Injury for Missouri on

Q: Does Missouri's Good Samaritin law protect a lay person who performs CPR and operates an AED unit?

To help a person in sudden cardiac arrest?

Peter N. Munsing answered on Sep 12, 2018

Missouri Red Cross would be a good place to find out.

1 Answer | Asked in Employment Law and Personal Injury for Missouri on

Q: My employer refused my request for reasonable accommodation and then wrongfully fired me just a week after I got ASA

If they would of made my accommodation I'd still have a job.

Peter N. Munsing answered on Sep 12, 2018

Look for a member of the Mo. Assn for Justice who handles employment cases--they give free consults.

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on

Q: Is it shoplifting if someone conceals a item and then pays for it at the counter

A friend of mine concealed deny them in her purse changed her mind at and then pulled it back out of her purse on camera then went to the register paid for it was approached at the door by security detained and forced with excessive force they beat her up can she sue them and were they right to do... Read more »

T. J. Jesky answered on Sep 9, 2018

When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.

As far as the...
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1 Answer | Asked in Personal Injury for Missouri on

Q: I slipped and fell in a puddle of water at a grocery store and hurt my right side what should I do

I have been to the doctor 4 times since the incident happened and haven't heard anything from the grocery store at all

Tim Akpinar answered on Sep 8, 2018

If you were injured (you mention going to the doctor four times) and you are contemplating a claim for your injuries and reimbursement of your medical expenses, consult with an attorney in your region who is experienced in these types of slip and fall cases. I am not in your jurisdiction, but you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Missouri on

Q: Do I have the right to represent my self in a civil suit .

Just to start before I get a lawyer I want to represent myself and get treated as an attorney, which I will and act upon. I want to obtain records and video from a hospital, a state counseling organization, and a state probation and parole center, this includes all records and vvideo I am involved... Read more »

Ronald J. Eisenberg answered on Sep 3, 2018

You have the right to represent yourself, but unless you comply with the local court rules, rules of civil procedure, and relevant statutes, you will quickly find the experience to be a frustrating one. It might cost you more in the long run not to have hired a good attorney at the outset.

1 Answer | Asked in Personal Injury for Missouri on

Q: My gardener switched his day without notifying us, so our dog was out in the yard and bit him. Can he sue me?

Peter N. Munsing answered on Jul 19, 2018

If he knew the dog was there, a question of whether he assumed the risk. People can do anything. I suggest you notify your homeowners. Ask if they will pay his medical bills--that's what gets most people in this situation to call lawyers.

He wants the job he will be unlikely to sue you...
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1 Answer | Asked in Personal Injury and Products Liability for Missouri on

Q: The Defendant filed an answer later that day How will it affect any judgement?

Ronald J. Eisenberg answered on Jul 1, 2018

If a judgment has not been entered, the court will likely accept the late answer.

1 Answer | Asked in Personal Injury and Products Liability for Missouri on

Q: The Defendant did not appear for the hearing. The Judge logged my sworn testimony at the hearing, is this default?

The Defendant filed an answer later that day

Ronald J. Eisenberg answered on Jul 1, 2018

A default judgment is a written order. Hopefully one is forthcoming.

1 Answer | Asked in Personal Injury for Missouri on

Q: What should I do if my neighbor's dog bit my kid but I don't want the dog to be put down?

Peter N. Munsing answered on Jun 29, 2018

then your kid gets the shots normally. Talk to a vet about it.

1 Answer | Asked in Sexual Harassment, Personal Injury and Civil Rights for Missouri on

Q: When I was incarcerated in my county jail in 2016 I was sexually harassed and groped by a jailer. Can I sue still?

I had formally complained about the officer and was made fun of and ignored by the jail administrator. When I was sentenced on my case I told the judge also. They continued to employ him another year then two girls came forward to say he was doing it to them too. They fired him and brought... Read more »

Gary Kollin answered on Jun 1, 2018

You can try.

An issue may be that the intentional criminal act may be outside the scope of employment and therefore sovereign immunity is not waived.

However, there may be a claim of failure to train and supervise under state torts and federal civil rights

Contact a lawyer...
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2 Answers | Asked in Personal Injury and Civil Rights for Missouri on

Q: Can I be compensated for being false imprisoned by my county for 13 days because they messed up on paperwork?

I went to prison after surrendering my probation for DWS which had a 4 yr. Back up and a misd DUI which had a 6 month county back up. Prior to going to prison I had 314 days in on these charges. After surrendering my probation I went to DOC and two days prior to being released the DOC told me my... Read more »

Ronald J. Eisenberg answered on May 20, 2018

Sorry that happened to you. Meet with a local civil rights attorney. There’s no way to give you a meaningful answer based on such a short question.

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on

Q: Will my homeowner's insurance cover a person who got bitten by my dog?

Ronald J. Eisenberg answered on Apr 14, 2018

There is a good chance that the answer is yes. Submit a claim to your insurer.

MO Rev Stat § 273.036.

Owner liable, when--fine, amount.

273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or...
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1 Answer | Asked in Personal Injury for Missouri on

Q: I fell flat on my back trying to get a knee X-ray today after the tech suggested I stand on the X-ray table. Pursuable?

I saw the doctor today for a checkup and told her about my back and knee pain. She sent me for a knee X-ray and I was too short so the tech suggested I stand up on the X-ray table to do it. While trying to get up there my knee gave out and I fell flat on my back. They sent me to the er for a back... Read more »

Ronald J. Eisenberg answered on Apr 3, 2018

You only "have a case" if you file one. Hopefully you are okay other than the little bit of medical bills for the X-ray. You can meet with a local personal injury attorney but unless your situation will entail more than one ER visit with and X-ray, expect to have a hard time finding an attorney... Read more »

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