St. Louis Injury Attorney Discusses Marcus Dorsey’s Tragic Car Accident

Post Date: May 24th, 2013

Marcus Dorsey Car Accident 53 year-old Marcus Dorsey was killed Thursday when his Pontiac was T-boned by another driver fleeing the scene of an accident. According to reports, the driver of a Ford Explorer had been involved in a minor traffic accident when he began to drive off from the scene. During his attempted escape, he crashed into Dorsey, killing him at the intersection of Branch Street and North Broadway at approximately 12:30 p.m.

Police officials reported that the driver involved in the first accident followed the Ford Explorer while he called 911. According to the investigation, the man driving the Explorer might have ran a stop sign before crashing into the Pontiac, yet this information was not confirmed. Following the crash, three individuals remained trapped in the Pontiac and hydraulic rescue tools had to be used to assist in removing these people from the car. Aside from the tragic death of Marcus Dorsey, the 62 year-old front seat passenger was listed in serious condition, and the 35 year-old rear seat passenger was listed as being in critical condition.
Our prayers go out to the families and I hope swift justice is brought to those responsible. However, this story caught my attention is it raises an issue that I commonly encounter that most people are unaware of. The responsible driver, Roger White, with first-degree manslaughter and armed criminal action. Yes, I hope the he receives the maximum amount of punishment allowed by law. However, that does little for the loved ones left behind or for the others that White’s actions injured. Most people would assume that White’s car insurance would pay to those he has injured. But a common occurrence in this scenario is that his insurance company will rely on the fact that he was criminally charged to invalidate the insurance policy. Insurance companies rely on what’s known as a “criminal acts” exclusion to essentially say there is no coverage. “Intentional Acts” and “Criminal Acts” exclusions are examples of insurance policy fine print that our law firm fights day in and day out. Anyone dealing with this situation should not just accept the insurance companies word. These exclusions can often be defeated.

On the other hand, what if White did not even have car insurance? Many people who have suffered the loss of a loved one or who have been injured by someone who didn’t maintain auto insurance are unaware that their own insurance may often come into play. Everyone with their own policy of automobile insurance in Missouri has what’s known as uninsured motorist coverage. This is a type of insurance coverage that pays when someone is injured by another who does not carry automobile insurance, or a hit-and-run. Often, people ask, “What if the person who hit me doesn’t have insurance”. That’s where uninsured motorist insurance coverage comes into play. Unfortunately, one’s own insurance will fight them just as hard as any other insurance policy.

Let’s hope those affected by this tragedy do not have to further suffer at the hands of the insurance companies.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. As a St. Louis Injury Attorney, he was recently named Missouri’s Winningest Attorney. Based in St. Louis, his firm maintains offices throughout Missouri, Illinois, and Arkansas and handles serious injury claims throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another, feel free to contact his law firm at 888-956-2487. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

Tags: car crash, car wreck, insurance, wrongful death
Posted in Auto Accidents, Insurance Law, Wrongful Death | No Comments »

The Cost of Receiving Electronic Records in Missouri Now Has a Cap

Post Date: September 8th, 2011

Many Missouri personal injury attorneys keep a client’s files in secure electronic documents in order to reduce the reliance on paper. Electronic documents also makes accessing and storing files easier. Since personal injury cases require medical records to make a case for the client, digital documents keep the case well organized. Depending on the personal injury case, some Missouri personal injury attorneys would have several boxes of medical records and those medical records are expensive. Recently, the Missouri legislature amended the statute that specified cost of retrieving medical records.

Before the amendment of the statutes, all medical records were subject to a processing fee plus a per-page charge. The fees were once $17.05 to process the medical records and then each page totaled $.40 even if the records were just emailed in an electronic document. So, essentially, the law forced Missouri personal injury attorneys to pay $.40 per page for medical records that were sent digitally. Since records include the patient’s registration, charts, monitoring notes, consults, and nurse assessments; one hospital stay could end up with hundreds of pages of records.

Although the reason to keep digital records for personal injury cases began as a way to cut down the carbon footprint and free up office space, now Missouri personal injury attorneys have another reason to go digital. The amendment of Missouri Statute 191.227 now states that the charge for medical records sent electronically cannot exceed $25 regardless of the number of pages sent.

“If the health care provider stores records in an electronic or digital format, and provides the requested records and affidavit, if requested, in an electronic or digital format, not more than five dollars plus fifty cents per page or twenty-five dollars total, whichever is less”

Now electronic medical records can cost no more than $25, which is much better than what Missouri personal injury attorneys would pay under the old law. Under the old law if a personal injury attorney requested medical records with 1000 pages, he or she would end up paying $420.00 even if the records were sent digitally. This is good news for Missouri personal injury victims since under the contingency fee agreement; attorneys deduct the cost of medical records from the amount awarded to the victim.

The cost savings of electronic records means that Missouri personal injury victims will receive more compensation for their injuries and spend less money trying to get the compensation. People and companies have a responsibility to not cause harm to others. If the negligence of a person or company causes injury, contact our experienced Missouri personal injury attorneys at 800.956.2487. You and your family may be entitled to compensation as a result of his or her negligence.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

Tags: Missouri personal injury, missouri personal injury attorney
Posted in Personal Injury Advice | No Comments »

Illegal Exotic Pet Injures Springfield, Missouri Girl at Wal-Mart

Post Date: September 5th, 2011

During a routine trip to Wal-Mart, and eight-year-old girl was injured in Springfield, Missouri. The little girl was walking through the Wal-Mart parking lot accompanied by her father when she saw a Macaque Monkey sitting in a parked vehicle. The girl was curious of the monkey so she approached the vehicle and the monkey attacked her.

The little girl was taken to a local hospital to be treated for injuries to her forehead. She was given an antibiotic and antiviral as a precaution because the physicians did know if the monkey transmitted any diseases to the girl. Macaque monkeys are known to carry diseases such as herpes, tuberculosis, and hepatitis and they can infect humans with a bite or a scratch.

The monkey’s owner told police that the animal only lashed out because it felt threatened by the little girl. Springfield, Missouri’s animal control quarantined the monkey to watch for any signs of disease. The owner of the macaque monkey was written a ticket for the violation of the City of Springfield’s ordinance against exotic pets.

Children are commonly injured by dog bites, but clearly dogs are not the only animals that pose a threat to children. If a dog or any other pet has bitten you or your child and you have not had a tetanus shot in the last five years, see a doctor immediately. If a pet has bitten you, you also have legal rights against the owner of the dog. Contact our personal injury attorneys in Missouri at 888.956.2487.

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Tags: personal injury, personal injury attorney
Posted in Dog Bite Law, Personal Injury Advice | No Comments »

New Research Shows That Antidepressants are Harder on Seniors

Post Date: August 25th, 2011

New studies are now telling that SSRI antidepressants such as Paxil and Effexor may not be the best option for seniors. The drugs seem to have more negative side effects for seniors. Drugs like Paxil and Effexor are in a class of medications commonly known as “selective serotonin reuptake inhibitors (SSRIs),” that have been linked to many adverse side effects. The new British study appeared in the August 2, 2011 issue of the British Medical Journal stating that older antidepressants, tricyclic antidepressants, might be safer for patients over 65-years-old.

According to the study’s author Carol Coupland, associate professor of medical statistics at the University of Nottingham states, “The choice of class of antidepressant is a complex decision, and some evidence is still lacking to help with that choice in older patients,” she continued, “Low-dose [tricyclic antidepressants] may be more suitable in frail elderly patients at increased risk of falls and fracture.”

During the study, prescription information was evaluated for over 60,000 patents between 65 and 100-years-old who had been diagnosed with depression. Of those patients, 90 percent were given one or more prescriptions. Of that 90 percent, 55 percent were given SSRI antidepressants like Effexor or Paxil. The other 32 percent were prescribed tricyclic antidepressants. The rest of the patients were prescribed other antidepressants. The results of the study show that seniors on SSRIs had a “higher risk of dying, having a stroke, falling, breaking a bone and seizures compared with those not taking any antidepressant.”

The results have proven to be scary for many seniors being prescribed SSRIs to combat their depression. While the side effects are scary, one important factor should be taken to heart: Tricyclics are better for senior citizens than SSRIs. Still the results from this and previous studies prove that those taking antidepressants and those on a placebo pill have the same efficiency. As an experienced Missouri product liability attorney, I regularly see the pain and confusion that product liability victims go through. I am happy that a support group has been set up to help these families find comfort and prepare for what is to come. Lawsuits for the product liability of drugs like Paxil have increased dramatically.

Our experienced product liability attorneys in the Midwest believe that companies like the makers of Paxil should be held responsible for the harm that their drugs cause. We believe people who have suffered illness and injury from medication should be compensated for their loss. If a manufacturer has misrepresented you or a loved one has been injured by a medication that was not properly manufactured or the side effects, please call 888.956.2487 to speak to one of our experienced product liability attorneys today.

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Tags: antidepressant side effects, ssris
Posted in Harmful Medications, Paxil Side Effects, Products Liability | No Comments »

Another Round of Toys is Recalled by the CPSC

Post Date: August 18th, 2011

The United States Consumer Product Safety Commission, toymaker Battat, Inc., and Heath Canada have issued a recall on a set of toy car keys attached to a car remote. The reason for the recall is the plastic ring, which holds the keys and remote together, can become a choking hazard.

Nearly 1,080,000 of these toys were sold in the United States and nearly 3,600 in Canada. The key ring toys are oversized plastic and metal “keys” attached to the plastic key ring. This key ring hangs from the car remote with a speaker and oversized buttons. When the buttons are pushed, the remote makes noises. As of now there have only been 17 reports of the key rings falling apart.

The recall covers product numbers H26300-01 or H58000-01. The toymaker, Battat, Inc., recommends if parents have purchased this toy to remove it from the child. Once the toy is out of the possession of the child, call the toymaker to make arrangements to send the toy for a replacement. Parents trust that the toys they buy meet the safety requirements so their children are not in harms way.

Manufacturers have a responsibility to make sure their products are safe for consumers. If a defective product injures you, the manufacturer of the product should be held liable. If a recalled toy product in Missouri has injured you or a loved one, contact our experienced product liability attorneys at 800.956.2487. You and your family may be entitled to compensation as a result of the harmful product.

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Tags: product liability attorney, product recall
Posted in Products Liability | No Comments »