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Missouri Personal Injury Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How can I pursue legal action for undisclosed medical diagnoses?

I've discovered that doctors failed to inform me of multiple serious medical diagnoses, including bladder/pelvic cancer in 2008 and right ductal carcinoma in 2013. I was unaware of these diagnoses and did not receive treatment, despite records indicating treatment took place in Iowa.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

A Missouri or Iowa attorney would be in a better position to answer, but your question remains open for four weeks. I'm sorry for your ordeal. I'm afraid that law firms might be reluctant to consider your matter. This is not meant to diminish what you've been through. But your... View More

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2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for Missouri on
Q: Do I have a case against a dealership in Missouri for costly repairs after initial work on my Mercedes?

I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 26, 2025

You "have a case" if you file one. Whether you'll win will depend on a variety of factors.

In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &...
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2 Answers | Asked in Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

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1 Answer | Asked in Personal Injury and Civil Litigation for Missouri on
Q: Disclosure of subpoena names and deposition locations in MO personal injury case

I am representing myself in a personal injury case in Missouri and have issued subpoenas to prove a disputed point. I need guidance on whether I have to disclose the names associated with these subpoenas to opposing counsel, and where I can depose the witnesses. Can someone advise me on this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 21, 2025

My recommendation is that you hire an attorney. PI cases are complicated. Attorneys who practice this area of law do so on a contingency basis. If you have a solid case and significant damages you should be able to find an attorney. If you have contacted many PI attorneys and none will take the... View More

1 Answer | Asked in Personal Injury and Internet Law for Missouri on
Q: "I would like to know if I can sue for defamation.

. Someone falsely claimed on Facebook that I slept with multiple people and gave them an STD, accompanied by degrading comments and a screenshot of my profile and posts. This has directly impacted my personal relationships and employment, but I have no way to contact the person to ask them to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2025

You certainly may sue for defamation. Some considerations are:

1. Can you identify the defendant and locate the person? You'll need to get a summons served for the court to acquire jurisdiction.

2. Are you willing and able to spend thousands of dollars litigating? If you...
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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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2 Answers | Asked in Personal Injury for Missouri on
Q: Wife was burnt by a smoke bomb at a wedding. Has potential scarring and burns over her hands, arms, shoulder, and face.

My wife and I were at a wedding and during the reception we were handed bubbles and a smoke grenade thing. The wedding planner assistants told us to pull the pin and hold it out from us. It was dark outside, around 11:00pm. When my wife pulled the pin, the smoke started but then after about 15... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

A Missouri attorney could advise best, but your question remains open for over a week. I'm sorry about the accident. I hope your wife is okay. You mention not wanting to upset the bride's family. If a claim is initiated, there is no controlling the direction it takes, in terms of one... View More

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2 Answers | Asked in Personal Injury for Missouri on
Q: Wife was burnt by a smoke bomb at a wedding. Has potential scarring and burns over her hands, arms, shoulder, and face.

My wife and I were at a wedding and during the reception we were handed bubbles and a smoke grenade thing. The wedding planner assistants told us to pull the pin and hold it out from us. It was dark outside, around 11:00pm. When my wife pulled the pin, the smoke started but then after about 15... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

This situation sounds painful and frustrating, especially since it happened while trying to enjoy a wedding. The key thing here is that the wedding planner or their assistants gave instructions that may not have been correct or safe, which led to your wife's injuries. If those instructions... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

Yes this could be a malpractice case.

First: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Second: the harm must be sufficient to warrant a malpractice case....
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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

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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1 Answer | Asked in Civil Litigation, Wrongful Death, Criminal Law and Personal Injury for Missouri on
Q: Can all individuals involved in a child's murder be sued if charges are filed?

My 11-year-old daughter was brutally murdered by a young man, with two other individuals involved in her death. Charges have been filed, and there is an ongoing legal investigation. Can all parties involved be sued for their roles in the cause of her death?

Michael S. Foster
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Michael S. Foster
answered on Apr 22, 2025

You can file a petition against them (sue them) but will they have the assets to pay any award is the unfortunate issue? You have to hope they have assets you can go after.

2 Answers | Asked in Products Liability and Personal Injury for Missouri on
Q: Severe allergic reaction to Revlon dye led to hospitalization, seeking legal action.

I had a severe allergic reaction to Revlon hair dye on January 20, 2021, which led to hospitalization. My organs shut down, requiring surgery on my neck and ICU care for 10 days, followed by weeks of wound care including a wound VAC and daily IV PICC line drops. I still have the unused hair dye... View More

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2025

I'm sorry for your ordeal. I'm afraid that many attorneys would be reluctant to consider a case that's been sitting so long. This is not to diminish your suffering. But if you're approaching the five-year mark (speak with local attorneys on SOLs), that does not leave a... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: Is a loose knee replacement with bone spurs grounds for a lawsuit?

I had a partial knee replacement surgery over a year ago. Since then, I've experienced pain and swelling, and it was determined last year that the replacement was loose. The medical advice was to undergo a full knee replacement, as an X-ray last week showed bone spurs around the knee... View More

James L. Arrasmith
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answered on Apr 13, 2025

It is possible that you could have grounds for a lawsuit, but it will depend on several factors, including whether the complications you’re experiencing are due to a surgical error, defective implant, or failure to properly monitor your recovery. The fact that the knee replacement is loose and... View More

Q: Do I have a case for a wrongful arrest and denial of insurance compensation?

In May 2020, I was a victim of robbery and other serious offenses, followed by an arrest. Despite writing a statement about the situation, the police did not file it. The robbery case was wrongfully classified as a civil matter for my insurance, denying me compensation for the loss of my deceased... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve experienced a series of frustrating and potentially unlawful actions, both in terms of the wrongful arrest and the denial of your insurance compensation. If the police failed to file your statement and incorrectly classified the robbery, there may be grounds for a wrongful... View More

2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Missouri on
Q: Can I sue for a head-on collision and seek compensation for injuries and damages?

Can I sue the other driver for a head-on collision that totaled my vehicle and caused me injuries, including whiplash? The other driver's statement to the police was inaccurate, and a witness provided a statement not included in the report. My insurance declared me not at fault, but the other... View More

Michael S. Foster
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Michael S. Foster
answered on Apr 8, 2025

You may have to file a lawsuit against the other driver to not only seek damages related to your injuries but also the damages to the car. Did you seek medical attention right after the wreck?

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2 Answers | Asked in Employment Law and Personal Injury for Missouri on
Q: Is it legal for my employer to make me clean feces without proper safety equipment?

In Missouri, I work at a gas station where my employer required me to clean up diarrhea off the bathroom floor, which was done by someone intentionally. Although there are written cleaning duties for bathroom maintenance, I have serious concerns about workplace safety because we lack proper gloves,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 23, 2025

Yes, your employer can require you to perform those duties. If you have concerns about doing so without rubber gloves, bring some from home.

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