Missouri Injury Lawyers Blog

During this difficult time, our thoughts and prayers turn to the victims of last week's devastating disaster in Southwest Missouri. Not only do the victims of natural disaster have to deal with the loss of family members, injuries, and loss of property, those victims also have to somehow navigate a maze of legal issues related to their losses.

Lawyers from across the state are joining forces to assist in any way that we can. The Missouri bar has established a 24 hour help hotline: 1-800-829-4128. The Missouri Association of Trial Attorneys has an Emergency Response Team that has been mobilized to the Joplin area beginning Saturday, May 28th. The local Jasper County Bar has pushed aside its own sorrows, and is already giving free advice to others in distress. In addition, Legal Aid of Western Missouri is also sponsoring a free legal clinic which will be open this weekend.

Legal issues in this situation can run the gamut from insurance issues regarding homeowners or automobile coverage; health insurance or other aid to cover medical bills; life insurance; or end of life issues related to probate, wills, trusts, and powers of attorney.

If you have friends or family in the Joplin area that need legal assistance, please tell them about the legal resources available or direct them to organizations such as the Red Cross who are coordinating efforts with the legal volunteers. The partners and staff at Tatlow, Gump, Faiella & Wheelan, LLC, in Moberly extend our condolences to those who have suffered losses in this terrible disaster.

On October 27, 2009, in Berra v. Danter, 2009 WL 3444814, The Missouri Court of Appeals, Eastern District determined how much of a person's medical bills may by submitted to a jury. There has been much controversy between attorneys who represent injured plaintiffs and those that represent the interests of insurance companies regarding how much of a person's medical bills may be submitted to a jury. This is because there is often a difference between what the medical providers charge and the actual amount paid by the patient. There are several reasons this may occur. One of the most common reasons is that medical providers will often discount their bills to those patients who have private health insurance. The patients often pay only their health insurance deductibles and co-payments. The medical providers the accept the amount the health insurer has contracted to pay and "write off" any amounts billed in excess of those amounts.

At issue in Berra v. Danter was the interpretation of a Missouri statute, Section 490.715 RSMo., that allows any party to submit evidence of the value of medical treatment rendered to a part that was reasonable, necessary and a proximate result of the negligence of any party. The statute allows the court to consider "medical bills incurred" by a party. The Eastern District has interpreted that phrase to mean that plaintiffs may use the amount of the medical bills reflected in their billing statements and will not be limited to only those amounts actually paid by the patient.

If you have incurred significant medical bills as a result of someone's negligence, it is imperative that you consult with competent legal counsel so that your right to recover damages is preserved. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, have considerable experience in the area of personal injury and will work closely with you to obtain maximum recovery for your injuries.