Lawyers, Answer Questions  & Get Points Log In
Missouri Personal Injury Questions & Answers
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.

View More Answers

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... View 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... View 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...
View More

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
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... View 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... View More

Ronald J. Eisenberg
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
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...
View More

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
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
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
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... View More

Gary Kollin
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...
View More

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... View More

Ronald J. Eisenberg
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.

View More Answers

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
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...
View More

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... View More

Ronald J. Eisenberg
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... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Q: I went for a knee x-ray and fell off the table hurting my back. Should I pursue?

So I saw the doctor and told her about my knee and back pain. She gave me muscle relaxers and steroids for the back pain and sent me for knee X-rays and I was too short for the one rooms machine so the tech was going to have me stand up on the X-ray bed to do it and when I was getting up there, my... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2018

Get a consult from an attorney who handles medical issues in your town--they usually give free one. I don'tt see it but much would depend on how you fell.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

This is a case of breach of confidentiality between a counselor/therapist and patient, where the breach has and will continue to affect the patient emotionally for not only as long as the patient lives at her current address, but forevermore due to the entire nature of the breach. There is solid... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 13, 2018

Generally no, because there is no remedy for most breaches of confidentiality. Contact a member of the Mo. Assn for Justice as they give free consults.

1 Answer | Asked in Family Law and Personal Injury for Missouri on
Q: I live in MO., ex is in IL. I believe I have a strong case for intent. inflict. of emotional distress. Constant!

6 Years of constant emotional, financial, court orders broken, plays games with insurance, I feel like I am in prison. Where would I file in MO. or IL. (IL. has juris on divorce.) Intimation. Evasive and controlling still. It has to stop. Thank you.

Lydia Seifner
Lydia Seifner
answered on Feb 22, 2018

If Illinois has jurisdiction on the divorce, then I would file in Illinois. Speak to an attorney in the county where your divorce was filed.

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on
Q: what would be the criminal charge received for someone if they pushed another person off of a 10 foot balcony ?

they have video evidence

Peter N. Munsing
Peter N. Munsing
answered on Jan 17, 2018

Could be anything from simple to aggravated assault or higher depending on the injuries and circumstances.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Missouri on
Q: My grandchildren​ are in ICU due to my son in law driving drunk with kids in the car. He's not in jail. What can we do?

He showed up at the hospital where the kids were life flighted too. My daughter is scared but pretending that things are fine. He intentionally harmed them, and now pretends he doesn't remember anything.

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

I'm assuming he was charged by the police. It is a mandatory reportable in that case, so I'd assume he reported it.

There is an outside possibility, in addition to the claim against his insurance, that there is a claim for crashworthiness depending on the circumstances. Contact a...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.