Our brains are complex, mysterious, and vital to our well-being. No trauma to your head should be overlooked as any blow to the head can result in injury or damage to your brain. A concussion or so-called “mild” traumatic brain injury (“TBI”) is typically classified as mild when there is a loss of consciousness for […]
Continue reading The m-TBI Misnomer – Why Mild Traumatic Brain Injuries Are Never “Mild”
Tags: brain injury, traumatic brain injury
People who have been injured by another person’s negligence (or by a company’s negligence), who must sue to receive fair compensation for their injuries, are barred from informing juries that a defendant has liability insurance to cover the damages being sought in the lawsuit.
Continue reading Why Do We Keep Juries From Knowing That A Defendant In A Personal Injury Lawsuit Has Liability Insurance?
Tags: liability insurance, personal injury
When an injured person brings a personal injury action against a negligent company to recover damages for the harm they suffered, their spouse may have the right to bring a separate, standalone action called a loss of consortium claim. Missouri law recognizes that an injury to one spouse can cause significant harm to the other […]
Continue reading What is a Loss of Consortium Claim?
Tags: loss of consortium, personal injury
If you have an automobile that is damaged during a car accident, you may have a diminution of value claim. These claims come from the idea that a vehicle that has been damaged in an accident, but is subsequently repaired, still has an inherently diminished value when compared to its status before the damage occurred […]
Continue reading What is a Diminution of Value Claim?
Tags: car accidents, diminution of value
The infamous McDonald’s Hot Coffee Lawsuit is often lauded as an example of “frivolous lawsuits” brought by people who are just trying to scam businesses into paying them money. The insurance industry and the Chamber of Commerce have worked very hard to use this lawsuit to make people in the United States believe that tort […]
Continue reading The Truth About the McDonald’s Hot Coffee Lawsuit – What Really Happened
Tags: personal injury
If you are pursuing a personal injury case against an at-fault driver or at-fault party, and you are a military member on active duty or a veteran, you may find that either Tricare or Veterans Affairs (VA) has asserted a lien on any settlement or judgment you could receive.
Continue reading How VA and Tricare Liens May Affect Your Personal Injury Settlement
Tags: liens, personal injury
If you have been injured in an accident and Medicaid has paid for any of your medical care, Medicaid will have a lien on your settlement, which means that it is entitled to be reimbursed from your settlement.
Continue reading Medicaid Liens on Your Personal Injury Settlement
Tags: liens, medicaid liens, personal injury
When you get your personal injury settlement, various creditors may attempt to assert liens on your settlement that entitles the lien holder to some of your settlement money. While the most common liens are asserted by medical providers and health insurers, two liens arise from personal obligations. These include liens for past-due child support and […]
Continue reading How Past-Due Child Support and Case Advances Can Affect Your Personal Injury Case
Tags: liens, personal injury
In Missouri and Kansas, ERISA liens are becoming a more common issue for people injured due to another person’s negligence. While ordinarily health insurance companies in Missouri and Kansas are prohibited from being reimbursed out of a settlement or judgment, Self-Funded ERISA Plans have a right to be reimbursed if the Plan language indicates such […]
Continue reading Liens on Your Personal Injury Settlement: Self-Funded ERISA Plans
Tags: insurance, liens, personal injury
What happens if Medicare pays for your medical bills resulting from a car accident, and you later receive a personal injury settlement? Medicare has what is referred to as a “super lien” on your settlement or judgment and has the right to be reimbursed. One difficulty in handling Medicare liens is that Medicare will often […]
Continue reading Medicare Liens and Your Personal Injury Settlement
Tags: medicare, medicare liens, personal injury
