Missouri Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Missouri
May 17, 2013 By Zevan and Davidson Law Firm, LLC
Money is a major motivating factor to many of the workers who are flocking to North Dakota, the fastest growing state in the nation, to work in the oil fields. Some oil rig employers are sacrificing the safety of their workers in order to make money.
May 16, 2013 By The Hoffmann Law Firm, L.L.C.
Car accidents are an unfortunate fact of life for most people. Often these accidents are minor, resulting a minor injuries. However, serious car accidents occur every single day. Unfortunately many of these accidents are fatal.
May 8, 2013 By The Hoffmann Law Firm, L.L.C.
Car accidents are an unfortunate fact of life. When an accident is the result of another's negligence or recklessness, the law holds the person responsible. When the accident is due to defective car parts, there are responsible parties that should be held accountable too.
April 25, 2013 By The Hoffmann Law Firm, L.L.C.
Oftentimes people assume that they do not have to file a police report if they are involved in a minor accident. But if you plan to seek compensation, filing a police report strengthens your case.
April 23, 2013 By Zevan and Davidson Law Firm, LLC
Awareness is extremely important when it comes to eliminating nursing home abuse and neglect and elder abuse. Calling attention to the existence and prevalence of these issues is crucial and it is also very important for family members to develop an awareness of the signs of abuse, so that cases can be identified and dealt with.
April 22, 2013 By Law Office of James M. Hoffmann
The workers compensation process involves the Division of Workers’ Compensation, an insurance company, your employer, medical providers and potentially a liable third-party. It’s no wonder that injured workers find the process difficult to understand and hard to follow.
April 16, 2013 By The Hoffmann Law Firm, L.L.C.
In 2009 there were more than 89,000 people that were injured in car accidents in Illinois. In addition, 911 people were killed in fatal car accidents. After an Illinois car accident, it is important to consult an experienced personal injury attorney before negotiating with the insurance company for compensation.
April 10, 2013 By Law Office of James M. Hoffmann
Employees can suffer all kinds of injuries while working. Vision impairment or loss can be one of the many different types of work injuries suffered. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.
March 26, 2013 By The Hoffmann Law Firm, L.L.C.
Car accidents make up the majority of personal injury cases in the U.S. court system. They are an unfortunate fact of life as the majority of American's drive cars. If you or a loved one is involved in a car accident due to another person's negligence or recklessness, the laws in Missouri and Illinois holds them responsible.
March 22, 2013 By Law Office of James M. Hoffmann
Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.
March 21, 2013 By Zevan and Davidson Law Firm, LLC
Business owners have a duty to inspect their premises for slip and fall hazards and fix any hazards they find or provide proper warning. In general, homeowners and others who possess property are liable for the slips and falls of their guests.
March 8, 2013 By Law Office of James M. Hoffmann
Employees can suffer all kinds of injuries while working. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.
Many investors have been "left out in the cold," so to speak, after they were left holding an unsalable product they were told was safe, secure, and "as good as cash." Investors were told that Schwab's Auction Rate Securities (ARS) were both liquid and safe when they were anything but. The economy's collapse in 2008 left investors out in the cold;t these illiquid assets could no longer be touched and they were in assets worthless.
There are laws in place to protect investors from unscrupulous brokers at companies looking to take their money and make high commissions with little promise of return; those laws work very well, for the most part, to protect investors from securities fraud or investment fraud. Be that as it may, because of a changing landscape, unscrupulous investment brokers and companies may still sell risky investments to investors with the promise that they are "safe" and "low risk."
Although touted as safe and low risk investments, Ameriprise real estate investment trust funds have been anything but that – even though brokers have insisted to unwitting investors that they are. It's been alleged that Ameriprise Financial recommended these funds to investors, resulting in significant loss to those investors.
February 21, 2013 By Law Office of James M. Hoffmann
Missouri law requires most employers to carry insurance, which pays for medical treatment and lost time benefits for employees who are injured on the job. The law requires prompt payment of benefits at no cost to you if you sustain a work-related injury covered under the law.
February 21, 2013 By Zevan and Davidson Law Firm, LLC
Personal injury law is a broad area. The term is generally associated with cases in which a person has been hurt as a result of the carelessness, recklessness, negligence or intentional act of another.
January 29, 2013 By Zevan and Davidson Law Firm, LLC
As the number of motorcycles on St. Louis, Missouri and Illinois roads increases, so does the potential for deadly encounters between motorcycles and cars. Many different types of careless or negligent behavior on the part of other motorists can lead to injury or death for the motorcyclist.
January 15, 2013 By Law Office of James M. Hoffmann
The average weight of a passenger vehicle is 3,000 pounds and is simply no match for such large trucks. The statistics support this. Over 86% of those killed in large truck accidents are passengers in smaller vehicles.
January 8, 2013 By Steve Schanker, Attorney at Law
Effective July 1, 2012, the state of Kansas made some changes to its current DUI laws and penalties. One particular change that went into effect is how the state is now criminalizing chemical test refusals.
December 5, 2012 By Purcell & Amen, L.L.C.
If you are a business owner, or have a substantial interest in a business, take note. Amazingly, the majorities of business owners apparently continue to underestimate the importance of creating a comprehensive succession plan for the business and/or include their business interests in their personal estate plan.
November 8, 2012 By Purcell & Amen, L.L.C.
If you are the executor or personal representative of someone’s estate then one of the first duties you will perform is to obtain date of death values for all assets of the estate.
November 8, 2012 By Purcell & Amen, L.L.C.
Many families are fortunate enough to be able to enjoy a family vacation home. Whether you have a cabin in the woods, a chalet near the slopes, or a condo at the beach you need to pay particular attention to how the property is handled in your estate plan in order to avoid conflict and confusion.
November 7, 2012 By Law Office of James M. Hoffmann
Crackdown On Workers Compensation Fraud Cases Punishes Business Owners Without Workers Compensation Insurance: Two recent cases where business owners fail to maintain workers compensation insurance are showing that law officials will not stand for businesses that commit workers' compensation fraud and violate state law.
While the general motor vehicle laws apply in car accidents, there are additional Missouri statutes that may apply if the accident involves a cyclist or bicycle. The following is a list of the Missouri state statutes relevant to cyclists. 300.347. Riding bicycle on sidewalks, limitations – motorized bicycles prohibited.
As a Missouri expert in bicycle law, here are the top five misconceptions about the law as it relates to cyclists. How many did you get right?
Here is a checklist to follow if you are hit while riding your bicycle and are still able to function: 1. Get out of the road to avoid being hit a second time; however, if possible, take pictures (or have someone else take pictures) before the bike or car are moved.
Missouri's pro-alcohol reputation, supported by a strong alcohol industry lobby, continues to grow based on a recent decision by the Board of Alderman in Wentzville, Missouri. Despite efforts to tighten DUI/DWI laws, Missouri municipalities are having a tough time finding support.
We will have a new Supreme Court Justice in the State of Missouri come this December. The Honorable Richard B. Teitelman, chief justice of the Supreme Court of Missouri and chairman of the Appellate Judicial Commission, announced that the commission selected its panel of nominees to fill the vacancy on the Supreme Court of Missouri.
Portable breathalyzers can help you and your friends avoid driving drunk and risking a DUI. As we begin this holiday season in St. Louis, Missouri, consider buying your favorite partier a portable breathalyzer for $30.00 to $100.00. While they may not be as accurate as police testing for DUI, they are valuable in helping someone realize they need to call a cab.
October 11, 2012 By Purcell & Amen, L.L.C.
For many elderly Americans, the golden years are fraught with concerns over money instead of spent sitting on the front porch sipping iced tea. Social Security does not provide the average retiree enough income to live on comfortably. Employer sponsored pensions and retirement accounts are virtually unheard of anymore.
October 9, 2012 By Law Office of James M. Hoffmann
Unfortunately, at some point in our lives, we will probably be involved in a car accident. Even if you do not get injured in the accident there are certain things you should do and not do. Consult with a Car Accident Lawyer if you are unsure of how to proceed.
October 4, 2012 By Purcell & Amen, L.L.C.
When it comes to honoring your last wishes regarding your funeral and burial, are you sure that your family will do so? What if you want to be buried in an Elvis costume? Or maybe you want to be cremated and your wife doesn’t believe in cremation. It could be that you have always wanted an Irish wake when you die but your family cannot imagine such a thing.
September 25, 2012 By Worsham Law Firm
Originally developed by the National Highway Traffic Safety Administration, field sobriety tests can be used by officers when they are determining whether or not a driver should be taken into custody for driving while intoxicated. There are three tests that an officer may choose to use separately or in combination with the others. There are a number of tools that officers will use to aid them in determining which drivers are operating their vehicle under the influence of drugs or alcohol.
September 13, 2012 By Purcell & Amen, L.L.C.
Knowing that you are in a position to leave behind enough money to provide for your loved ones when you die is a wonderful feeling. However,it can also be the source of concern though because handing over a large sum of money to someone can create as many problems as it solves.If you want to provide for a loved one without spoiling him or her, consider utilizing some of the following estate planning steps and tactics:
August 31, 2012 By Purcell & Amen, L.L.C.
In some sense, most of us feel emotionally or culturally responsible for taking care of our aging parents in both a physical and financial sense however, did you know that you may be legally responsible for their care as well? If you did not know that then you are not alone—most people are not aware that they may have a legal responsibility to provide financial care to a parent. This legal obligation stems from state filial responsibility laws.
August 3, 2012 By Purcell & Amen, L.L.C.
The sandwich generation is a relatively new term that applies to anyone who is at risk of being “sandwiched” between aging parents and young adult children. When both need your financial assistance, you can quickly find yourself in a both a financial and emotional crisis of your own.
July 23, 2012 By Purcell & Amen, L.L.C.
Arthritis can strike at any time, though it most typically affects people over the age of 60. There are many forms of arthritis, and while there aren't cures for this condition, there are effective treatments that are best begun at the early stages of the disease. If you notice any of these common arthritis warning signs or symptoms, you should make an appointment to meet with your doctor so you can be evaluated for possible arthritis.
July 17, 2012 By Law Office of James M. Hoffmann
As per a news release, the UK based producer of baby related products and strollers, “Maclaren” will cover the product liability claims put forth against its former US distributor for strollers. This was announced after the US distributor, called Maclaren USA formerly halted a minimum of 7 product liability suits against the business, after a motion was filed against it in accordance with Chapter 7. However, before the filing commenced, the distributor changed its name to American Baby Products.
July 17, 2012 By Zevan and Davidson Law Firm, LLC
Tractor-trailer accidents account for 9 of every 13 accidents last year, hence, it’s becoming increasingly important to drive safely around semi-trucks. Central to understanding defensive driving is a solid appreciation of the dangers and risks these tractor-trailers represent.
July 16, 2012 By Zevan and Davidson Law Firm, LLC
Market share liability is a unique concept in the United States and is only applicable if and only if the product is fungible. It was first applied in the landmark case of Sindell vs. Abbott Laboratories where the victims developed cancers from the defendant’s DES, an active ingredient used to prevent miscarriages.
For many senior citizens, the cost of medical care and services is a big concern. Often, healthcare plans that were in effect while working are no longer available or are financially out of reach. Many elderly Americans turn to the Medicaid program for assistance. Qualifying for the program can be difficult for an individual who has even minimum assets.
Most people have heard of the concept behind a Will contest, yet most have never been involved in one. A Last Will and Testament cannot be challenged simply because a potential beneficiary is not happy with what he or she received under the terms of the Will.
President Obama issued another round of proposed financial budget measures that would affect the 2013 fiscal year. On February 13, 2013, the President’s cabinet presented his plan to Congress. Focusing on permanently rebuilding a national economy, the President’s 2013 Budget Bill seeks to slash government spending and increase the tax rate for the wealthiest Americans.
July 2, 2012 By Zevan and Davidson Law Firm, LLC
Vaginal mesh procedures have a long and disturbing history of physical problems. Many women have been the victim of vaginal mesh complications. The FDA is taking action against many manufacturers but unfortunately thousands of women have been adversely affected and are now coming forward seeking compensation. The Zevan and Davidson Law Firm fight for women who have been victimized by faulty vaginal mesh designs and implantation.
June 20, 2012 By Purcell & Amen, L.L.C.
Family farms and ranches face some of the same estate planning obstacles as any other business; however, there are some aspects of estate planning that are unique to the family farm or ranch. If you own a family farm or ranch, and plan to pass it down to future generations, careful estate planning is critical to avoid losing your farm or ranch to estate taxes.
Having a Kansas City DUI Lawyer on Your Side is Essential When Arrested for Driving Under the Influence
June 20, 2012 By The Sandage Law Firm, P.C.
Driving under the influence is no big deal, right? It absolutely is; in fact, DUI is a serious criminal offense that is punished much more harshly today than it was a decade or two ago. If you or a loved one have been charged with this offense, even if it is a first, it is essential that you consult with a reputable Kansas City DUI lawyer.
Should You Consult with a Kansas City Personal Injury Lawyer if Injured in a Slip and Fall Accident?
June 20, 2012 By The O'Connor Law Firm
Unfortunately, many people have the misconception that Kansas City personal injury lawyers only represent those injured in car accidents. The fact is, any time you or a member of your family are injured because of another party's negligence or wrongful act, you should consult with a personal injury attorney in Kansas City. Why?
June 6, 2012 By Purcell & Amen, L.L.C.
A person’s Last Will and Testament may be the most important legal document that he or she ever creates. As such, it should be created after careful contemplation and consideration, while the person is of sound mind, and with the assistance of an experienced estate planning attorney.
May 29, 2012 By The O'Connor Law Firm
You've been pulled over for suspicion of driving under the influence, and you have had a drink. No sense calling a Kansas City DUI attorney, right? Or, you're completely innocent, so you have nothing to worry about. Wrong! Guilty or innocent, it is critical that you consult with an experienced Kansas City DUI attorney, who can help protect your freedom, your job and your driver's license.