This author tyson has created 313 entries.

Personal Injury Litigation: The Importance of Following Up

Last week, I had an adjuster (from a company I won’t mention) that denied my client’s personal injury claim because the adjuster claimed to have a witness to the auto accident. My client had been injured in a car wreck when the other driver ran a red light while attempting to make a left turn.

According to the police report, there were two witnesses to the collision; one that saw the collision and corroborated my client’s story, and one that was listed but no other information was provided.  

Personal Injury Litigation: Veterans Administration Lien

Today I was confronted with yet another disastrous lien scenario; the Veterans Administration had placed a $419,000.00 lien on my client’s case.  My client’s husband had died in an auto accident last year when they were rear-ended by another driver.  Although we are also pursuing a products liability case against the vehicle manufacturer, this case involves the insurance company for the negligent driver.

To make matters worse, the other driver only had minimum coverage, which in Missouri is only $25,000.00.  Fortunately, my client’s husband had underinsured motorist coverage on his insurance policy,

Missouri Supreme Court Rules in Favor of Plaintiffs on Medical Bills

Case Summary for Deck v. Teasley:
Plaintiff’s Medicare coverage paid for her medical services at an amount less than the amount billed.  Statute on collateral source rule creates presumption that value of medical services is amount required to satisfy providers, but allows rebuttal by evidence including amount billed.  Rebuttal occurs on presentation of substantial probative evidence and creates a jury issue.  Exclusion of evidence materially affected merits of plaintiff’s action, entitling her to new trial.  Present damages also include possibility of need for future treatment.