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Missouri Personal Injury Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Missouri on
Q: Large wheel sized rockinstore lot went unnoticedand scratched and dented my car was told by store people must've moved'e

There are two lines of rocks in this alley behind store one extends more than length of store but opposite the building, the other is about three or four of them against the back wall of the store. Now usually these rocks have remained in position; ive never seen them moved. This time drove into... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

A Missouri attorney could advise best, but your post remains open for a week. There wasn't a question, but I think you might be wondering if you can bring a claim. Based on the description, it sounds like it would be difficult. When you say "pumps," that suggests gas pumps, which... Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: Can I sue businesses for promoting the Black Lives Matter movement?

I find it offensive and extremely racist. It has no place in a business such as Amazon. How do I force these companies to stop advertising BLM. If they are not willing to promote Alt-Right why are they allowed to promote BLM?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 20, 2020

Anyone can sue anyone for any amount of money. But you are going to lose if you file such a suit, I believe.

If you are serious and willing to spend thousands of dollars paying an attorney to file a frivolous suit perhaps you’ll find a taker. I think your lawsuit would be dismissed...
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1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Family Law, Personal Injury and Child Custody for Missouri on
Q: I want to sue for abuse of process

I was in a child custody case.

My husband passed away and his family legally by default got temporary custody and my daughter saying that I was a drug addict I was not a good mom because of my drug use. I had all clean UA's to clean hair follicles and they dismissed the case before... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 9, 2020

Contact an attorney in your area, put down a substantial sum, and go for it.

1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on
Q: My dog just died from eating berries off a lantana plant in the backyard of the home I've been renting since June. Sue?

My landlord never advised that plants on property were toxic to dogs. I accumulated about $2,500 in vet bills trying to save my dog to no avail. Can I ask my landlord to reimburse?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2019

I am sorry that your dog got poisoned, but I'm not aware of any Missouri case on point. My gut feeling is that a landlord is not under a duty to advise a tenant of plants that are toxic to animals. Here is a link to an old Missouri Court of Appeals case, Grimmeissen v. Walgreen Drug Stores,... Read more »

2 Answers | Asked in Personal Injury for Missouri on
Q: I was holding my phone while it was charging and was electrocuted apple wants all of my medical information why?

I’m still in treatment trying to deal with this constant pain and nothing helps (5 months now) anyway I called apple to ask about something like this happening before to someone else. They transferred me to 3 different people. I sent them pictures of the shock and damage to my hand and they want... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

Contact a personal injury attorney near you. If you are claiming to have been harmed, it is normal for the other side to want to see your medical records in order to assess whether to pay you and how much (or, more likely, little).

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1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: If an insurance company decides against your claim against their client, how to pursue?

Last August I went to a city meeting. The parking lot was a mucky mess due to reconstruction. Leaving the meeting I walked across a grassy strip next to the parking lot to avoid the muck, stepped into an unmarked trench that lined a newly-installed parking curb, tripped and fell. The trench was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

A Missouri attorney could advise in the best possible manner, but your question remains open for two weeks. If there is no further medical treatment and no meaningful findings of injury in any follow-up examination, and these bills are the extent of damages, small claims could be an option. If... Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: When sending medical claim to party responsible for personal injury, do you include what your health insurance paid?
Tim Akpinar
Tim Akpinar answered on Oct 8, 2019

A Missouri attorney would be in the best position to advise you based on applicable state laws, but your question remains open for a week. As a general rule, without regard to jurisdiction, you do disclose what you were reimbursed by your health insurance - a claimant does not collect twice from... Read more »

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
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
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
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
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
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
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... Read more »

Peter N. Munsing
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
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
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
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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