Category: General

In our daily lives, we rely on countless products to keep us safe and enhance our quality of life. Yet, when a defective product causes harm, the consequences can be devastating. If you’ve been injured due to a faulty product, it’s crucial to understand your rights as a consumer and how you can seek justice. At Kevin Etzkorn Law, we’re dedicated to empowering individuals in St. Louis, Missouri, to take action against product liability and hold negligent manufacturers accountable. Understanding Product Liability Product liability refers to the legal responsibility of manufacturers, distributors, and sellers to ensure that the products they release to the market are safe for consumer use. When a product is defective or unreasonably dangerous, resulting in injury or harm, those responsible can be held liable for the damages incurred by the victim. Types of Product Defects There are three main types of product defects that can lead to liability claims: Design Defects: These occur when a flaw in the product’s design makes it inherently dangerous, even if it is manufactured and used correctly. Manufacturing Defects: These defects occur during the manufacturing process, causing some products to deviate from the intended design and become dangerous. Marketing Defects: Also known as failure to warn or inadequate labeling, these defects involve insufficient instructions or warnings about the product’s potential risks. Your Rights as a Consumer As a consumer in St. Louis, Missouri, you have the right to pursue compensation if you’ve been injured by a defective product. Some key rights include: Right to Compensation: You have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the defective product. Right to Legal Representation: You have the right to consult with a personal injury lawyer who can assess your case, advise you on your legal options, and represent your interests in negotiations or litigation. Right to Hold Manufacturers Accountable: By taking legal action against negligent manufacturers, you can help prevent similar incidents from occurring in the future and hold companies accountable for prioritizing consumer safety. Steps to Take After a Product-Related Injury If you’ve been injured by a defective product, it’s important to take the following steps to protect your rights and strengthen your potential legal case: Seek Medical Attention: Your health and safety should always be the top priority. Seek medical attention immediately for your injuries, even if they seem minor at first. Preserve Evidence: Keep the defective product, any packaging or documentation, and any records of your medical treatment and expenses. This evidence will be crucial in proving your case. Document the Incident: Write down details of the incident, including when and where it occurred, how the product malfunctioned, and the injuries you sustained. Take photographs if possible. Consult with a Personal Injury Lawyer: Schedule a consultation with an experienced personal injury lawyer who specializes in product liability cases. They can evaluate your claim, explain your legal rights, and guide you through the next steps. Conclusion If you’ve been injured by a defective product in St. Louis, Missouri, you don’t have to face the consequences alone. At Kevin Etzkorn Law, we’re here to help you understand your rights as a consumer and take decisive action against product liability. Contact us today to schedule a free consultation and take the first step towards obtaining the compensation you deserve. SET UP A FREE CONSULTATION

Experiencing a personal injury is stressful enough without the added frustration of having your insurance claim denied unfairly. If you find yourself in this situation in St. Louis, Missouri, it’s important to understand your rights and options. Understanding Insurance Bad Faith Insurance bad faith occurs when an insurance company fails to fulfill its obligations to policyholders in a fair and timely manner. This can include unreasonably denying valid claims, delaying claim processing without justification, or offering inadequate settlements. Recognizing the signs of insurance bad faith is crucial for protecting your rights and seeking the compensation you deserve. Challenges You May Face When your insurance claim is unfairly denied, you may encounter various challenges, including: Lack of Transparency: Insurance companies may provide vague or unclear reasons for denying claims, leaving policyholders confused and frustrated. Legal Complexity: Dealing with insurance companies can be intimidating, especially when navigating complex legal processes and negotiations. Financial Strain: A denied insurance claim can exacerbate financial hardships, including medical bills, lost wages, and other expenses related to your injury. What to Do When Your Claim is Unfairly Denied If your insurance claim is denied unfairly in St. Louis, Missouri, here are some actionable steps to take: Review Your Policy: Carefully review your insurance policy to understand your coverage limits, exclusions, and any conditions that may apply to your claim. Request Explanation: If your claim is denied, request a detailed explanation from your insurance company. They are required to provide clear and concise reasons for the denial. Gather Evidence: Collect all relevant documentation related to your claim, including medical records, accident reports, photographs, and correspondence with the insurance company. This evidence will be essential if you decide to challenge the denial. Consult a Personal Injury Attorney: Seek guidance from an experienced personal injury attorney in St. Louis, Missouri. An attorney can assess the strength of your claim and advocate on your behalf to hold the insurance company accountable for bad faith practices. File a Complaint: Consider filing a complaint with the appropriate regulatory agency, such as the Missouri Department of Insurance, Financial Institutions & Professional Registration (DIFP). This agency can investigate allegations of insurance bad faith and ensure that insurers comply with state laws and regulations. Conclusion Dealing with an unfairly denied insurance claim can be overwhelming, but you don’t have to face it alone. By understanding your rights and taking proactive steps, you can challenge insurance bad faith and pursue the compensation you deserve in St. Louis, Missouri. If you find yourself in this situation, don’t hesitate to seek assistance from a reputable personal injury law firm. Your wellbeing and financial security are worth fighting for, and with the right legal representation, you can seek justice and hold insurance companies accountable for their actions. SET UP A FREE CONSULTATION

Are you facing the tough decision between settling your personal injury claim and pursuing litigation? If so, you’re not alone. Many individuals in St. Louis, Missouri find themselves weighing the pros and cons of these options after experiencing an accident or injury. In this article, we’ll delve into the decision-making process and explore how insurance companies influence the outcomes of personal injury cases. By understanding the factors at play, you can make informed decisions about your legal options. Settlements: A Swift Resolution Settling a personal injury claim offers a swift resolution for many individuals. It involves reaching an agreement with the at-fault party or their insurance company without going to court. This option provides a sense of closure and financial compensation without the time-consuming and potentially stressful process of litigation. However, it’s essential to consider whether the settlement offer adequately covers your damages and future expenses. Litigation: Pursuing Justice Through the Courts Litigation, on the other hand, involves taking your case to court and letting a judge or jury decide the outcome. While this route may take longer and incur higher costs, it can result in a higher award if successful. Litigation allows you to present your case in a formal setting and seek justice for your injuries and losses. However, it’s crucial to weigh the potential benefits against the risks and uncertainties of going to trial. Factors Impacting Settlement Offers Several factors can influence the settlement offers made by insurance companies. These may include the severity of your injuries, the extent of property damage, liability issues, and the potential for future medical expenses and lost wages. Insurance adjusters will assess these factors when determining the value of your claim. It’s important to provide thorough documentation and evidence to support your case and negotiate effectively for a fair settlement. Negotiation Tactics Employed by Insurance Companies Insurance companies are adept at negotiating settlements and may use various tactics to their advantage. These tactics can include offering low initial settlement amounts, disputing the extent of your injuries, or delaying the claims process. They may also try to shift blame or minimize their liability for the accident. It’s crucial to be aware of these tactics and to have experienced legal representation on your side to protect your rights and interests. Making Informed Decisions When deciding between settling your personal injury claim and pursuing litigation, it’s essential to weigh the pros and cons of each option carefully. Consider the extent of your injuries, the potential for future expenses, and your willingness to go to trial. Consulting with a knowledgeable personal injury attorney can provide valuable guidance and help you navigate the complexities of the legal process. Conclusion Settling a personal injury claim or pursuing litigation is a significant decision that requires careful consideration. By understanding how insurance companies influence these choices and being aware of negotiation tactics, you can make informed decisions about your legal options. Whether you choose to settle your claim or take your case to court, having experienced legal representation can make all the difference in achieving a favorable outcome. If you’re in need of assistance with your personal injury case in St. Louis, Missouri, don’t hesitate to reach out to our team for expert guidance and support. SET UP A FREE CONSULTATION

As our population ages, the prevalence of elder financial abuse is on the rise, posing a significant threat to the well-being of our seniors. In St. Louis, this issue is particularly pressing, with many vulnerable individuals falling victim to various forms of financial exploitation. As a leading personal injury law firm dedicated to serving our community, we believe it’s crucial to raise awareness about elder financial abuse and empower victims and their families with the knowledge of legal remedies available to them. Understanding Elder Financial Abuse Elder financial abuse encompasses a range of deceptive or fraudulent practices targeting older adults, often perpetrated by caregivers, family members, or even strangers. These abuses can take various forms, including: 1. Fraudulent Schemes: Scammers may trick seniors into giving away money or personal information through false promises or misleading tactics. 2. Power of Attorney Abuse: Individuals entrusted with managing an elder’s finances may exploit their authority for personal gain. 3. Identity Theft: Seniors may fall victim to identity theft, resulting in financial losses and compromised personal information. 4. Coercion and Undue Influence: Manipulative tactics may be used to coerce seniors into making financial decisions against their best interests. Raising Awareness It’s essential to recognize the signs of elder financial abuse to prevent further harm. Some common indicators include sudden changes in financial behavior, unexplained withdrawals or transfers, and isolation from friends and family. By staying vigilant and informed, we can take proactive steps to protect our seniors and intervene when necessary. Legal Remedies For Victims If you or a loved one has fallen victim to elder financial abuse, it’s crucial to promptly seek legal assistance. In St. Louis, there are various legal remedies available to hold perpetrators accountable and recover losses, including: 1. Civil Lawsuits: Victims and their families may pursue civil lawsuits against those responsible for financial exploitation, seeking compensation for damages incurred. 2. Criminal Prosecution: In cases involving criminal wrongdoing, law enforcement authorities can investigate and prosecute perpetrators for their actions. 3. Guardianship and Conservatorship Proceedings: When seniors are unable to manage their finances independently, guardianship or conservatorship proceedings can be initiated to protect their interests and assets. 4. Legal Advocacy and Support: Experienced personal injury attorneys can provide advocacy and support throughout the legal process, advocating for the rights of elder abuse victims and helping them navigate complex legal proceedings. Conclusion Elder financial abuse is a pervasive and damaging issue that demands our attention and action. By raising awareness and understanding the legal remedies available, we can work together to protect our seniors and ensure that justice is served for victims and their families in St. Louis, Missouri. If you or someone you know has been affected by elder financial abuse, don’t hesitate to reach out to our dedicated team of legal professionals for assistance and support. Together, we can make a difference and safeguard the well-being of our elderly community members. SET UP A FREE CONSULTATION

Are you concerned about a loved one’s well-being in a nursing home? Recognizing and reporting nursing home neglect or abuse is crucial for their safety. As a trusted nursing home abuse lawyer in St. Louis, Missouri, I understand the importance of addressing these issues promptly. This article answers common questions about reporting nursing home neglect, provides examples of neglect, and discusses the challenges faced when addressing allegations of abuse. How to Report Nursing Home Neglect in St. Louis, Missouri Reporting nursing home neglect in Missouri is a crucial step in protecting vulnerable residents. Here’s what you can do: 1. Contact Authorities: If you suspect nursing home neglect or abuse, immediately contact the Missouri Department of Health and Senior Services (DHSS) or Adult Protective Services (APS). They have the resources and authority to investigate allegations of neglect in nursing homes. 2. Document Evidence: Keep detailed records of any signs of neglect or abuse, including photographs, medical records, and witness statements. This documentation can strengthen your case and provide evidence for authorities to investigate. 3. Seek Legal Assistance: Consulting with a personal injury lawyer experienced in nursing home neglect cases can provide valuable guidance and support. They can help you navigate the legal process and advocate for your loved one’s rights. 4. Follow Up: Stay involved in the investigation process and follow up with authorities to ensure your concerns are being addressed. Your persistence can help ensure accountability and protect other residents from harm. Examples of Neglect in Nursing Homes Neglect in nursing homes can manifest in various forms, including: 1. Lack of Proper Care: Failure to provide residents with necessary medical treatment, assistance with daily activities, or medication management can constitute neglect. For example, residents may suffer from untreated bedsores, infections, or dehydration due to inadequate care. 2. Poor Hygiene: Neglecting residents’ personal hygiene needs, such as bathing, grooming, and changing clothes, can lead to health issues and a decline in quality of life. 3. Emotional Neglect: Ignoring residents’ emotional well-being by isolating them, failing to address their social needs, or subjecting them to verbal abuse can cause significant harm. Identifying these signs of neglect is crucial for protecting residents and holding nursing homes accountable for their actions. Challenges in Addressing Allegations of Abuse Addressing allegations of abuse in nursing homes can be challenging due to various factors: 1. Lack of Evidence: Proving neglect or abuse often requires substantial evidence, which may be difficult to obtain without proper documentation and witnesses. 2. Complex Legal Process: Nursing home neglect cases involve navigating complex legal procedures and regulations. This requires expertise and experience in personal injury law. 3. Emotional Toll: Discovering that a loved one has been neglected or abused in a nursing home can be emotionally distressing for families, adding to the burden of seeking justice. 4. Resistance from Facilities: Nursing homes may resist allegations of neglect or abuse, making it challenging to hold them accountable for their actions. Despite these challenges, pursuing legal action against nursing home neglect is essential to ensure the safety and well-being of all residents. By speaking out against neglect and holding responsible parties accountable, we can work towards improving the standards of care in nursing homes across Missouri. If you suspect nursing home neglect or abuse, don’t hesitate to seek help. As a dedicated personal injury lawyer in St. Louis, I’m committed to advocating for victims of neglect and fighting for justice on their behalf. Together, we can make a difference and protect our loved ones from harm in nursing home facilities. Contact Kevin Etzkorn Law today for a confidential consultation. We’re here to help you pursue justice and hold negligent parties accountable. SET UP A FREE CONSULTATION

What Is It Called When You Give the Wrong Medication to a Patient? When a healthcare provider administers or prescribes the wrong medication to a patient, it is known as a medication error or prescription misfill. These errors can occur for various reasons, including incorrect dosage, miscommunication, or dispensing errors. Is Medication Error Negligence or Malpractice? Medication errors can constitute both negligence and medical malpractice, depending on the circumstances. Usually, these claims must be brought as medical malpractice suits, which means the injured person must prove a healthcare provider breached the standard of care expected in their profession, leading to harm or injury to the patient. In Missouri, proving medical malpractice requires demonstrating four key elements: duty of care, breach of duty, causation, and damages. A prescription misfill that results in harm to the patient may meet these criteria and be grounds for a medical malpractice lawsuit. Medical malpractice involving medication errors is a serious issue that requires understanding your rights and taking appropriate action. Below are some common questions regarding prescription misfills and medical malpractice. We hope that by answering these questions we are empowering you to protect your health and seek justice when needed. Can You Sue for Being Given the Wrong Medication? Absolutely. If you’ve been given the wrong medication and suffered harm as a result, you may have grounds for a medical malpractice lawsuit. Healthcare providers have a duty to provide competent care, which includes prescribing and administering the correct medications. When this duty is breached, resulting in injury or adverse effects, patients have the right to pursue compensation for damages through legal action. What to Do If You Were Prescribed the Wrong Medication? If you suspect that you’ve been prescribed the wrong medication, it’s essential to take immediate steps to protect your health and legal rights: 1. Seek Medical Attention: First and foremost, prioritize your health. Consult with a healthcare professional to assess any potential harm caused by the incorrect medication. Your well-being is paramount. 2. Document Everything: Keep detailed records of the medication you were prescribed, the medication you received, any adverse reactions experienced, and conversations with healthcare providers regarding the error. Documentation will be crucial if you decide to pursue a medical malpractice claim. 3. Consult a Personal Injury Lawyer: Reach out to a reputable personal injury lawyer in St. Louis who specializes in medical malpractice cases. They can evaluate the circumstances surrounding the prescription misfill, advise you on your legal options, and guide you through the process of seeking compensation. 4. Know Your Rights: Familiarize yourself with your rights as a patient in Missouri. You have the right to receive competent medical care and to hold negligent healthcare providers accountable for their actions. How Often do Medication Errors Really Occur? More frequently than people might think. And enough that the New York Times has reported extensively on medication errors at places like CVS and Walgreens. Some pharmacies are severely understaffed. And some expect a level of productivity that very few workers can meet. When people working at pharmacies don’t have help and are filling too many prescriptions, big mistakes are made. Here is a link to one of many New York Times Articles about the problem and the damage caused by it. At Kevin Etzkorn Law we specialize in prescription misfill and medication error cases. If you or a loved one has been injured by a prescription misfill or medication error, contact us today for a free case evaluation. SET UP A FREE CONSULTATION

Medical malpractice is a serious concern for patients in St. Louis, Missouri, where seeking medical care is a fundamental aspect of maintaining health and well-being. While healthcare providers are expected to adhere to high standards of care, instances of medical malpractice can and do occur, leading to significant harm for patients. Recognizing the signs of medical malpractice and understanding how to protect your rights as a patient is crucial for ensuring accountability and seeking justice. In this blog post, we’ll delve into what constitutes medical malpractice, how to recognize it, and the steps you can take to safeguard yourself as a patient in St. Louis. Understanding Medical Malpractice Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, resulting in harm to the patient. This can encompass a wide range of errors, including surgical mistakes, misdiagnoses, medication errors, birth injuries, and much more. It’s important to note that not all negative outcomes in healthcare constitute malpractice, but when there’s a deviation from the standard of care leading to harm, legal action may be warranted. Recognizing Medical Malpractice Identifying medical malpractice can be challenging, especially for patients without a medical background. However, there are common signs that may indicate malpractice: 1. Unusual Complications: If you experience unexpected complications following a medical procedure or treatment, it’s essential to question whether proper protocols were followed. 2. Misdiagnosis or Delayed Diagnosis: Errors in diagnosis can have serious consequences, delaying necessary treatment or leading to unnecessary procedures. If you feel your condition was misdiagnosed or diagnosed late, it’s worth investigating further. 3. Lack of Informed Consent: Patients have the right to make informed decisions about their healthcare. If you were not adequately informed about the risks and alternatives of a treatment or procedure, it could be a sign of malpractice. 4. Medication Errors: Administering the wrong medication or dosage can have severe consequences. If you experience unexpected reactions to medication, it’s important to explore whether an error occurred. What to Do in the Event of Possible Malpractice If you suspect you’ve been a victim of medical malpractice, it’s crucial to take immediate action to protect your rights. Here are steps you can take: 1. Document Everything: Keep detailed records of your medical history, including diagnoses, treatments, prescriptions, and any communication with healthcare providers. 2. Consult with a Personal Injury Attorney: Seek legal advice from an experienced personal injury attorney who specializes in medical malpractice cases. They can evaluate your situation, explain your rights, and guide you through the legal process. 3. File a Complaint: Consider filing a complaint with the appropriate regulatory bodies, such as the Missouri Board of Registration for the Healing Arts or other relevant agencies. This can help bring attention to the issue and prevent similar incidents in the future. 4. Act Promptly: Statutes of limitations apply to medical malpractice cases, so it’s important not to delay seeking legal assistance. The sooner you take action, the better chance you have of protecting your rights and obtaining compensation for your injuries. What is the Statute of Limitations on Medical Malpractice Cases? Patients have a limited amount of time in which to file a complaint in Court against a healthcare provider. The length of time will vary from one jurisdication to another. In MIssouri and Illinois, the general rules is that a patient has two years after the alleged malpractice in which to file a medical malpractice claims. However, there are nuances to those rules, including a continuing care exception, a foreign body exception, and with regard to cases involving malpractice in the care of a child under the age of 18. Additionally, Missouri wrongful death cases that result from medical malpractice have a 3-year statute of limitations, one year longer than a medical malpractice case that does not involve death.  What are Damage Caps? The Missouri legislature aggressively campaigned for tort reform over the course of several decades. At one point, the Missouri Supreme Court ruled that a cap on non-economic damages was unconstitutional. As an end-run around this Court ruling, the legislature re-wrote the law on medical malpractice cases. There is now a cap on non-economic damages in Missouri medical malpractice cases. That amount increases every year by statute, 538.210.8. Specifics are available on the department of insurance website, insurance.mo.gov/industry/medmal.php.  For 2023, the cap on non-economic damages for “catastrophic injuries” is $801,061. R.S.Mo. Section 538.205 defines “catastrophic injuries” to include an injury resulting in quadrplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision. All other injuries are considered “non-catastrophic.” And for 2023, the cap on non-economic damages for “non-catastrophic” injuries is $457,749. Medical malpractice is a serious issue that can have profound effects on patients and their families. By knowing how to recognize and respond to medical malpractice, you can protect your rights and seek justice. If you’ve been harmed by medical malpractice in St. Louis, Missouri, don’t hesitate to seek legal assistance. Our experienced personal injury team is here to help you navigate the complexities of medical malpractice law and fight for the compensation you deserve. Together, we can work towards holding negligent healthcare providers accountable and ensuring that you receive the justice and closure you need to move forward. SET UP A FREE CONSULTATION

When an individual experiences harm or injury as a result of the negligence or intentional actions of someone else, he or she has the right to pursue a personal injury claim. This type of claim is one that falls within the civil justice side of our legal system, as opposed to the criminal side.  Personal injury claims often arise from car accident, truck crashes, premise liability incidents, and medical malpractice. Many times, the claims are made without a lawyer. Sometimes, lawyers are needed. Whether there is a lawyer involved or not, some injury claims can be settled and ended without a lawsuit being filed at all.  If you have a personal injury claim, regardless of whether you have a lawyer and whether your case is in the court system, here are the basics of personal injury claims that you should understand. Duty of Care The first element in a personal injury claim is establishing that the defendant owed a duty of care to the plaintiff. This means the defendant had a legal obligation to act reasonably and avoid causing harm to others. Breach of Duty The next step is to show that the defendant breached their duty of care. This involves demonstrating that the defendant’s actions (or failure to act) fell below the standard of care expected in the given situation. Negligence and Liability These concepts are often used to describe a breach in the duty of care. Most personal injury claims are based on the concept of negligence, which involves proving that actions were careless or negligent. In some cases, intentional misconduct or strict liability (liability without a need to prove negligence) may apply. Causation It must be proven that the defendant’s breach of duty was a direct cause of the plaintiff’s injuries. There should be a clear link between the defendant’s actions and the harm suffered by the plaintiff. Damages To pursue a personal injury claim, the plaintiff must have suffered actual damages. These can include physical injuries, emotional distress, medical expenses, lost wages, property damage, and other measurable losses. In some cases, if there are actual damages proven, a plaintiff may also be able to claim punitive damages. Statute of Limitations There is a time limit within which a personal injury lawsuit must be filed, known as the statute of limitations. It varies by jurisdiction and the type of case, so it’s crucial to file a claim within the specified timeframe. Insurance Coverage In many cases, the defendant’s liability insurance will cover the damages in a personal injury claim. Dealing with insurance companies is a common part of the process, and it may involve negotiations to reach a settlement. Consulting an Attorney It is highly recommended for individuals involved in personal injury cases to consult with an experienced personal injury attorney. An attorney can provide legal advice, evaluate the strength of the case, negotiate with insurance companies, and, if necessary, represent the client in court. At Kevin Etzkorn Law, we specialize in personal injury cases and help victims maximize the compensation they deserve. Contact us today to set up a free case evaluation. SET UP A FREE CONSULTATION

We have been handling personal injury cases for years. Over the years, we have come across a number of ideas that for, one reason, or another, are simply not accurate about these types of cases and this area of law. Here are just a few of those many misconceptions: 1. You Can Handle A Personal Injury Case Alone REALITY: Personal injury law is complex, and having an experienced attorney can significantly enhance your chances of success. 2. Insurance Companies Will Cover All Expenses REALITY: Insurance companies may resist paying certain costs, and negotiations are often necessary to ensure fair compensation. 3. You Must File A Lawsuit Immediately REALITY: Some cases have successful resolution without a lawsuit. There’s a statute of limitations, but it varies by jurisdiction. Consult with an attorney to understand the specific timeframes. 4. Filing A Claim Is Expensive REALITY: Many personal injury attorneys like Kevin Etzkorn Law work on a contingency fee basis, meaning they only get paid if you receive compensation. We require no out of pocket costs! 5. Medical Treatment Can Wait REALITY: Prompt medical attention is crucial for your health and strengthens your claim by documenting injuries. 6. Personal Injury Cases Are Quick REALITY: A personal injury case takes anywhere for a few weeks to several years depending on the case. 7. Bigger Firms Are Better REALITY: Many big personal injury law firms that you see on TV and billboards are well known for mistreating their clients and accepting low settlement offers instead of bringing cases to trial. At Kevin Etzkorn Law, we are a small, boutique personal injury law firm that gives every client the personalized attention their case deserves. If you or a loved one has been injured in an accident, contact us today to get your free case evaluation. We can help you get the compensation you deserve. SET UP A FREE CONSULTATION