Answers to Your Legal Questions Start Here
When you’re dealing with a legal issue, clear guidance can make all the difference. Whether you're facing an injury, a workplace dispute, or another legal matter, this page is here to provide answers to some of the questions that we frequently get asked in some (but not all) of the areas in which we practice. The questions and answers are not intended to be exhaustive and do not constitute legal advice for your particular question, issue or concern. The information, however, is intended to be helpful and to get you thinking about your legal issues and possibly will assist you in asking the right questions or determining whether you have a legal need. Moreover, we encourage you to contact us to further discuss your issues.
Trucking Accident FAQ
What do you mean by a truck accident?
Usually a truck accident refers to any accident involving a commercial truck or “semi”. A commercial truck is any vehicle weighing more than 10,000 pounds that is used in the transportation of goods or related business. These trucks typically pull either one or two trailers. The Federal Motor Carrier Safety Administration (FMCSA) sets a commercial vehicle maximum weight of 80,000 pounds. A commercial truck, as a result, may weigh 30 times as much as the average car or passenger truck. Because of the increased weight, a commercial truck may require 20 to 40% more distance to come to a complete stop compared to a passenger vehicle
What are the typical causes of a truck accident?
- Several factors may play a role in truck accidents, including:
- Lack of training on the part of the truck driver
- Overloaded or oversized trucks
- Poorly maintained brakesPoor driving conditions (fog, snow, rain, or smoke)
- Fatigued or drowsy driver
- Speeding
- Aggressive or reckless driving behavior
- Failure to yield the right of way
- Driving under the influence of drugs and alcohol
- Distracted drivers
- Inadequate safety systems, reflectors, lights, and other warning devices
- Failure of truck to install an under-ride protection under-guard
Who can be sued in a truck accident case?
There are many possible defendants in a truck accident lawsuit, including the truck driver, the owner of the vehicle, and the trucking company. Our Southeast Missouri truck accident attorneys have experience handling these types of claims, so we can investigate your case, determine who was at fault, and help make sure that the responsible parties are held accountable.
What steps should I take if I've been injured in a truck accident?
First, you need to seek medical treatment and report the accident to law enforcement officials. You then need to consider seeking legal advice before talking with any insurance companies, including your own. Personal injury claims arising from a truck accidents can be extremely complicated. An experienced truck accident attorney can examine the merits of your case, present options and assist you in determining the best way to proceed.
What kind of damages can I recover in a personal injury claim?
If you've been injured in a truck accident, under Missouri and Arkansas laws, you may be entitled to compensation for your losses. Depending on the circumstances surrounding your truck accident, you may be able to recover for your medical bills, lost wages, pain and suffering, and any disability or death of a loved one.
Personal Injury FAQ
The insurance adjuster tells me I don’t need an attorney. Is this true?
The insurance company is not on your side—they want to protect their bottom line, not your recovery. If they’ve told you not to call a lawyer, it’s time to get a second opinion. A free consultation with a personal injury attorney can give you clarity.
Should I give the insurance adjuster a recorded statement?
Never speak to an insurance agent or sign anything without legal advice. Recorded statements can be used against you, and even innocent comments may be twisted into accepting fault.
Should I sign a medical authorization for the insurance adjuster?
No. These releases often give the insurance company access to unrelated medical history, which they can use to downplay or deny your claim.
Do I have to reimburse my health insurance company out of any settlement proceeds?
Usually not—especially if your policy is with a private insurance carrier. However, certain policies, like those under ERISA, may require reimbursement. An attorney can help clarify your situation.
Should I use my health insurance to pay for medical expenses?
Yes. Using your coverage helps you get the care you need now—and prevents your settlement from being reduced later to pay outstanding bills.
What damages can I recover?
You may recover both economic (like medical bills and lost wages) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life).
Is there a time limit on filing my claim?
Yes. All injury claims have time limits, known as statutes of limitations. Your deadline depends on the type of case and where the injury occurred, so speak to a lawyer quickly.
When should I return to work after my injury?
Only return to work once cleared by your doctor. Jurors often respond favorably to injury victims who’ve tried to work, but your health and your doctor’s instructions should come first.
Wrongful Death FAQ
What is Wrongful Death?
Wrongful death occurs when a person’s life is prematurely and unlawfully ended due to the negligent actions of another party. Wrongful death can occur as a result of an auto collision, at a workplace, or from a defective product. The negligent actions of a party must cause or contribute to cause the death of the victim. Surviving family members are entitled to seek compensation for their loss and the damages suffered.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit, typically filed by surviving family members of the deceased. The surviving family seeks compensation for the death of their loved one and the damages the death may have caused.
Is there a time limit to bring a Wrongful Death Claim?
Yes. This time limit is known as the statute of limitations. The statute of limitations can vary by jurisdiction.
In Missouri, you typically have three years from the date of the death to initiate a wrongful death claim.
In Arkansas, you generally have two years to file a wrongful death claim from the date of the death.
Failing to file a claim within the statute of limitations can result in the loss of your right to pursue a wrongful death claim.
What can a lawyer do to help?
A wrongful death lawyer can provide skilled assistance and support when dealing with a wrongful death claim. For example, a wrongful death lawyer can investigate, determine if liability may exist, calculate damages, and negotiate of a resolution.
Who can file a Wrongful Death Claim?
State law determines the individuals, called the “class” who can file a wrongful death claim. Check with our wrongful death lawyers to determine if you are in the “class” of people who can file a claim.
What Damages can be pursued?
In a wrongful death claim, there are two main categories of damages that can be pursued.
Economic damages:
Medical expenses
Funeral and burial expenses
Loss of financial support
Non-Economic damages:
Pain and suffering
Loss of companionship
Loss of consortium
Emotional distress
How are you paid in these types of cases?
Our law firm works on a contingency fee basis, and we will only charge a fee if we have recovered financial compensation on your behalf.
Do I need to give a recorded statement to an insurance adjuster?
No. Before speaking with your wrongful death lawyer, you should never sign any documents or even speak with an insurance agent. These actions may be regarded as admitting fault or waiving your rights to pursue a settlement. If you have already given your statement, however, you may be able to secure a copy of the statement to correct any errors before any permanent harm has been done to your case.
The insurance adjuster keeps telling me I should not hire a lawyer. Is this true?
The first thing you should know about the insurance company and the at-fault party that they represent is that they are not on your side. They will say and do anything they can to prevent you from pursuing a claim. The insurance company is solely interested in their bottom line, and they are willing to short you the money that they owe you to meet the bottom line. Always talk to an attorney for a free case evaluation if an insurance adjuster has told you this.
How do I choose the right attorney for my specific case?
How do I choose the right attorney for my specific case?
By taking advantage of a firm's free case evaluation, you can determine if an attorney is right for your case. We invite you to take advantage of our free case evaluation to find out why we are the right firm for you.
Medical Malpractice FAQ
Do I have a medical malpractice claim for my doctor’s failure to diagnose my cancer at an early stage?
Each case is different and depends upon the unique facts of your care. If a reasonably prudent doctor would have discovered the cancer, but your doctor failed to do so, you may have a case. If your test results were such that a reasonably competent doctor would have recognized that cancer was present, but yours did not, you may have a case
What time limits do I need to be aware of if I’ve been injured as a result of medical malpractice?
Generally, the statutory time limit for a medical malpractice claim in Missouri and Arkansas is two years from the date of the error that caused the harm. However, since the harm from a medical error is not always readily apparent, the time limit may be extended. You should consult an attorney as soon as possible for help in determining if you are within your statute of limitations to file suit.
I signed a consent form before my doctor performed surgery. What did it mean?
A typical consent form acknowledges that you understand the inherent risks of surgery, and are willing to accept those risks. However, the consent form does not immunize the medical provider from liability for negligent vare. You may still have a right to sue if the medical provider gave you substandard care.
What if I’m just not satisfied with the results of my surgery? Do I have a malpractice case?
Not necessarily. Many factors determine whether surgery will be successful; negative outcomes do occur even when the medical provider is highly competent. To win a medical malpractice lawsuit, you must prove that the poor outcome was caused by a deviation from the accepted standard of care.
How does a jury determine if a medical provider’s actions were within the standards of good medical practice?
Expert witnesses are used in every medical malpractice case because they are so complex. Your attorney will identify an expert who can help the jury understand what level of performance was expected, and whether the medical provider’s actions fell below the accepted standards.
Workers Compensation FAQ
Do I need to hire a lawyer?
Yes—your employer and their insurance company will have lawyers on their side. You deserve someone protecting your rights, too. A free consultation can show you what benefits you’re entitled to.
What if I can’t go back to work?
If your injuries prevent you from returning in any capacity, you may be eligible for lifetime benefits through permanent total disability.
When do I need to file a workers’ comp claim?
In Missouri, claims must be filed within two years of the injury or last related payment. Some exceptions exist, but acting quickly is always best.
What benefits are available through workers’ comp?
You may be entitled to medical expense coverage, wage replacement, and compensation for permanent disabilities. In some cases, benefits can continue for life.
How does a workers’ comp claim work?
You must report your injury within 30 days, and your employer will file an official report. They choose your doctors and may pay less than what a civil court might award—another reason to have legal guidance.
Is my employer required to carry workers’ comp insurance
Most employers with five or more workers—and all construction employers with one or more—must carry insurance. There are a few exceptions, but most employees are covered.
Am I eligible to file a claim?
If you were injured while doing your job, you likely qualify. Unclear situations, like injuries while commuting, should be reviewed by an attorney.
Can I sue my employer in court instead?
In most cases, workers’ comp is your only legal option. There are rare exceptions, but these need to be carefully evaluated by a lawyer.