Missouri Legal Articles

Law related articles writen by lawyers
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Men After Divorce: How to Recover

  April 15, 2014     By Stange Law Firm, PC
Divorce an affect men in a unique manner. Here are some of the challenges for men who are facing divorce.

Settling Your Family Law Case When a Settlement Proposal Is in the Margin of Error

  April 2, 2014     By Stange Law Firm, PC
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.

Supreme Court Ruling: Man Convicted of Domestic Violence Barred from Possessing a Gun

  March 27, 2014     By Stange Law Firm, PC
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.

In Divorce: Preparation Helps Lead to Settlement

  March 14, 2014     By Stange Law Firm, PC
The vast majority of clients who have a family law matter would like to reach a reasonable settlement. The question is how do they get there when a case cannot settle from the very beginning. This article addresses how preparation is the best way to achieve settlement in a case that does not initially settle.

What is a divorce settlement hard to reach when both parties want to settle?

  March 11, 2014     By Stange Law Firm, PC
Parties to a divorce almost universally want to settle their case in a general sense. However, even when both want to settle, parties often have a difficult time coming to a concrete settlement once they get into specific terms. This article addresses the problems many parties face in trying to settle a divorce.

The Average Cost of Divorce and What I Can Do to Lower My Cost

  March 7, 2014     By Stange Law Firm, PC
Choosing an attorney can be a stressful and difficult decision. How can you be sure attorney is the right one for your needs? In terms of case itself, how much is the case going to cost? What is fair and reasonable to expect? The issue of cost is one of the most common questions people on the cusp of a divorce ask.

12 Mistakes That Guaranty You Will Come Up Short in Your Divorce Settlement

  February 28, 2014     By Stange Law Firm, PC
If you are like most out there, you have neither planned, wanted or prepared for a divorce. Lack of information about the divorce process, combined with the emotional angst your are experiencing, could cause you to make improper decisions that can have negative repercussions for years to come.

Workers' Compensation Claim Denial: Hardship Hearing Versus Final Hearing

  January 31, 2014     By Law Office of James M. Hoffmann
In a perfect world, all workman’s compensation claims would be honored without scrutiny. Employees would be honest about the cause and extent of their injuries, and employers would willingly pay for all of the medical care necessary for their injured worker to recover. Despite its being a no-fault insurance, many claims are denied by employers and/or their insurance carriers.

The Role of the Obstetrical Nurse in Labor and Delivery

  January 28, 2014     By Zevan and Davidson Law Firm, LLC
The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.

When a Loved One is Killed Due to Negligence

  January 17, 2014     By The Hoffmann Law Firm, LLC
By definition, personal injury law involves any injury that is the direct result of another person’s failure to exhibit reasonable care.

Employer Responsibility in an on the Clock Collision

  December 6, 2013     By The Hoffmann Law Firm, LLC
It is common practice for an injured party to file a claim with the trucking company when involved in a collision with a commercial vehicle. The driver of the truck was most likely working at the time, and his employer, the trucking company, is responsible for ensuring that he followed the laws and drove safely.

Hit By a Company Car: Drivers Fault or Employers?

  November 27, 2013     By The Hoffmann Law Firm, LLC
Law of negligence determines who is responsible for a car accident. Sometimes it is clear, sometimes it is shared and in some instances it can be complicated if one of the drivers is utilizing a company owned vehicle.

Safe Motorcycle Driving While Carrying a Passenger

  November 26, 2013     By Zevan and Davidson Law Firm, LLC
Driving a motorcycle can be dangerous and requires safe driving habits. Equally important is knowing how to drive a motorcycle safely when carrying a passenger.

Obtaining Compensation in Personal Injury Cases

  November 26, 2013     By Law Office of James M. Hoffmann
Obtaining compensation seems pretty straight forward in many personal injury cases. In others, you may wonder if you should even bother filing a lawsuit. Not matter what the cause of your injury, an attorney can help you determine what your legal options are for seeking compensation.

The Importance of an Attorney in Truck Accident Lawsuits

  November 22, 2013     By Law Office of James M. Hoffmann
When a devastating accident occurs you can be sure that trucking companies will have lawyers on their side fighting for them. It is important that you gain more than equal footing by having an experienced truck accident attorney working to protect your best interests as well.

Miss and Run Accidents and Phantom Drivers: Not as Hopeless as You Think

  November 22, 2013     By The Hoffmann Law Firm, LLC
Being involved in a Miss and Run accident does not mean that obtaining compensation is impossible. There are some important steps you should take to protect your claim, including contacting a car accident lawyer who has a proven track record of getting results.

Intersection Accidents - Is a Driver Always At Fault?

  November 15, 2013     By The Hoffmann Law Firm, LLC
The majority of car accidents are the result of a driver being careless or reckless. Yet in some instances human error may have been caused by a roadway or intersection that was designed poorly. In such situations the only course of action may be to sue the government entity that is responsible for the roadway.

What to Do If You Are Misdiagnosed in the Emergency Room

  November 15, 2013     By Zevan and Davidson Law Firm, LLC
No reasonable person ever wants to find themselves in a hospital emergency room. If you find yourself there, chances are you have been seriously injured or are gravely ill and in a lot of pain. An emergency room tends to be overloaded with patients and understaffed. This type of stressful atmosphere can often time lead to mistakes.

Methods of Service of Process

  November 14, 2013     By Markell & Associates, Inc.
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.

Gall Bladder Surgery: A Common Cause for Medical Malpractice Litigation

  November 1, 2013     By Zevan and Davidson Law Firm, LLC
A gall bladder attack can come on without any warning. Pains on your right side radiate to your back. The pain becomes more than you can bear, so you go to the nearest emergency room and seek medical help. A few quick tests are performed and it is determined that your gall bladder is the offending organ and it needs to be removed. The surgeon assures you that this is a common procedure and you will be just fine afterwards.

Occupational Disease and Missouri Workers’ Comp: Who’s Entitled?

  October 31, 2013     By Law Office of James M. Hoffmann
An occupational disease is one that has been contracted as a direct result of a persons employment.

Settling Drunk Driving Accidents

  October 23, 2013     By The Hoffmann Law Firm, LLC
Drunk driving is a serious offense that should come with strict consequences. An accident involving a driver who is impaired by alcohol or drugs often results in serious injury or death.

Cars Fall From Overpass After Truck Accident

  October 22, 2013     By Zevan and Davidson Law Firm, LLC
On August 29, an accident in Topeka caused two cars to break free from the hauler that was transporting them and fall from the overpass.

Cattle Truck Overturned on Missouri Highway

  October 18, 2013     By The Hoffmann Law Firm, LLC
There are many auto accidents in the state of Missouri every year. Because Missouri is located in the middle of the country, truck drivers’ driving routes regularly have them traveling through the state. It makes sense then that because Missouri highways are so highly trafficked, there will be a fair amount of traffic accidents and that many of those accidents will involve semi trucks.

Missouri Commission Rejects First Aggressor Defense

  October 16, 2013     By Law Office of James M. Hoffmann
The Missouri workers’ compensation commission has made an unexpected decision by allowing a man to receive workers’ comp benefits. The man and his supervisor had gotten into a physical fight. The case was heard by the Commission in order to determine whether or not what happened constituted a workplace accident.

Class Action Lawsuit Filed against Dentist for Malpractice

  October 10, 2013     By Zevan and Davidson Law Firm, LLC
A dentist in Tulsa, Oklahoma is the focus of a class action lawsuit filed against him by several patients. The malpractice lawsuit alleges that the patients were exposed to various blood-borne pathogens like hepatitis B and HIV during the course of him treating them.

Animals Straying onto the Roadway Can Increase Likelihood of Accidents for Missouri Drivers

  October 7, 2013     By The Hoffmann Law Firm, LLC
There are a lot of road conditions that can affect the safety of drivers out on the roads. Animals straying onto roads can cause serious accidents and this is a real concern for many Missouri residents.

Going to Court for a Missouri Workers’ Compensation Claim

  October 4, 2013     By Law Office of James M. Hoffmann
Having to go to court to prove a workers’ compensation claim is not ideal. Resolving the case through settlement or mediation is often preferred because of the expense and stress of going to court. However, in order to receive the compensation you are entitled to, sometimes taking your case to court is necessary.

Car Accidents: Sudden and Unexpected

  September 27, 2013     By Zevan and Davidson Law Firm, LLC
Accidents often happen when we least expect them. When an accident occurs due to the negligence of another driver, you are typically entitled to compensation for any damages or injuries that resulted from the accident. If you are involved in a car accident, seeking the legal advice of an experienced car accident lawyer will benefit you greatly.

Medical Malpractice Whistleblower Case Against Wyeth Pharmaceuticals Settled

  September 20, 2013     By Zevan and Davidson Law Firm, LLC
The immunosuppressant drug Rapamune was at the center of a lawsuit which was recently settled for $257.4 million.

UCLA Wide Receiver Killed in Pedestrian Auto Accident

  September 20, 2013     By The Hoffmann Law Firm, LLC
Car accidents can happen at any moment and have the potential to be fatal.

When Can You Sue for Defamation?

  September 9, 2013     By The Hoffmann Law Firm, LLC
When we think of personal injury lawsuits we think of vehicle accidents, slip and fall injuries, or dog bites, but some kinds of personal injury do not necessitate that the victim is actually physically injured in order to recover compensation.

How to Write an Effective Demand Letter

  August 29, 2013     By The Hoffmann Law Firm, LLC
If you are looking to write a demand letter there are some tips you should keep in mind that will help to make your letter as powerful and effective as possible.

What You Should Know about Lead Paint Lawsuits

  August 28, 2013     By Zevan and Davidson Law Firm, LLC
Lead paint lawsuits have become less common than in the past because lead paint is no longer being used. For about 50 years, lead paint has not been manufactured in the United States. However, people are still filing personal injury lawsuits relating to lead paint because lead-based paint still exists in older buildings. Residents or workers in these buildings can still suffer from lead paint injuries.

Recent Deaths in Motorcycle Crashes

  August 22, 2013     By Law Office of James M. Hoffmann
On August 7, a serious motorcycle accident in Litchfield, Connecticut, resulted in the death of an elderly motorcycle rider. The 63-year-old died at a local hospital after being involved in a traumatic motorcycle accident.

Da Vinci Robot Device Breaks Off Inside Woman During Surgery

  August 19, 2013     By Zevan and Davidson Law Firm, LLC
Across the United States there have been thousands of these robots installed in hospitals and many surgeons have seemed eager to use the devices.

Nursing Home Employee Arrested For Abuse Against 101 Year Old Resident

  August 12, 2013     By Zevan and Davidson Law Firm, LLC
A South Carolina nursing home employee has been arrested and charged with nursing home abuse. A 101 year old nursing home resident accused the employee of sexually assaulting him and pouring detergent into his eyes.

Three Motorcycle Accident Fatalities Within Thee Day Period

  August 8, 2013     By The Hoffmann Law Firm, LLC
In May, three motorcyclists in the Washington, DC area died within a three day period. Another motorcyclist was seriously injured. The three separate accidents lead to the three fatalities.

How Does the Workers’ Compensation System Work in Missouri?

  July 24, 2013     By Law Office of James M. Hoffmann
In Missouri, employers are required to have workers’ compensation insurance coverage. Employers can obtain this insurance either with a private insurance company, or can self insure. With some exceptions for domestic servants and agricultural workers, every employer who retains more than five employees must have workers’ compensation insurance.

Researchers Estimate Surgical “Never Events” Occur 4,044 Times a Year

  July 16, 2013     By Zevan and Davidson Law Firm, LLC
Johns Hopkins released the findings of a careful review of national medical malpractice claims. The safety researchers who conducted the analysis discovered some shocking information about “never events,” events that the medical community agree are unacceptable and should never occur.

Nursing Home To Pay Family Of Abuse Victim $23 Million

  July 5, 2013     By Zevan and Davidson Law Firm, LLC
A nursing home abuse case in Sacramento, California has come to a close with the jury awarding $23 million to the plaintiff. The Seattle-based company was accused of abuse and neglect that caused the death of an 81 year old woman, and was found to be guilty.

New Missouri Workers’ Compensation Legislation

  June 27, 2013     By Law Office of James M. Hoffmann
Recently, lawmakers in Missouri put the finishing touches on a law that would mean businesses would pay double the fees they are currently paying in order to replenish a fund intended for disabled workers that is currently insolvent. This fund pays out to workers who are disabled as the result of serious work-related injuries or illnesses.

Bus Crash Leaves 13 Injured

  June 26, 2013     By The O'Connor Law Firm, PC
Recently, 13 individuals were injured in a bus crash involving a Kansas City bus which flipped on to its side and slid down an embankment after a car pulled in front of the bus.

Medical Malpractice and Surgical Errors

  June 26, 2013     By Zevan and Davidson Law Firm, LLC
Errors during surgery can be some of the most dangerous medical errors. When a reasonable standard of care is not met, and a surgeon’s actions are deemed negligent, resulting in harm to the patient, this constitutes medical malpractice. Most surgical errors are preventable mistakes.

When to Settle Your Motorcycle Accident Case

  June 24, 2013     By The Hoffmann Law Firm, LLC
When to settle and how to negotiate the best possible settlement are common questions following a motorcycle accident. When someone experiences a motorcycle accident and is injured, the parties responsible for causing the accident will be responsible for medical expenses, lost wages, damages for pain and suffering, and additional accident-related damages.

Overview of Car Accident Lawsuits

  June 18, 2013     By The Hoffmann Law Firm, LLC
If you are having trouble settling your car accident case with the other driver's insurance company, you may be thinking of filing a lawsuit in court. Before you start with the preliminaries, there are a few things to expect. There area also alternatives to settling your case in court.

Truck Driver Slams into Stopped Car, Kills Passenger, Injures Driver

  June 18, 2013     By Zevan and Davidson Law Firm, LLC
A crash involving a tractor-trailer and a Toyota Tundra pickup has left one dead, one seriously injured. The crash is one of many catastrophic accidents involving passenger vehicles and commercial trucks, leading many to question whether safety regulations for truck drivers are being followed as closely as they should be.

Missouri Man Injured & Ejected from Vehicle in Semi-Truck Accident

  June 14, 2013     By The Hoffmann Law Firm, LLC
Last June a Missouri man sustained moderate injuries when he was involved in an accident with a semi-truck on Missouri Route 79 near Hancock St. in Foley, Missouri. The accident happened on June 19, 2012 around 10:30 am.

Insurers Balk At The Prevalence of Narcotics In The Workers’ Comp System

  June 14, 2013     By Law Office of James M. Hoffmann
The prevalence of narcotic prescriptions in the workers’ compensation system is receiving a lot of attention currently because insurers are becoming uncomfortable with assuming the cost of these prescriptions when it comes to long term use.

In-Home Caregiver Caught On Camera Abusing Dementia Patient

  June 6, 2013     By Zevan and Davidson Law Firm, LLC
Nursing home abuse does not just occur in nursing homes. It can happen anywhere. In Virginia Beach, Virginia, one in-home care attendant has been sentenced to more than a year in prison for mistreating a patient. The defendant was providing in-home care for a patient with dementia and has been accused of abusing the patient in 2011.