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In the aftermath of an auto accident, the steps you take are crucial for safeguarding your rights and ensuring a smooth claims process. At Edward A. Williams Attorney at Law, we specialize in guiding clients through these challenging times. Here’s what you need to know about handling auto accidents and communicating with insurance companies. Gather Essential Information Immediately after an accident, it's vital to collect as much information as possible from the other driver. This includes their name, contact details, driver's license number, and insurance information. Also, take photos of the accident scene, vehicle damage, and any visible injuries. These details will be invaluable for your insurance claim and any potential legal actions. Limit Communication with the Insurance Company Insurance companies may contact you soon after the accident to discuss the incident. While it’s important to notify your insurer promptly, you should limit the information you share about the accident. Stick to the basic facts and avoid making any statements about fault or the specifics of your injuries. Insurance adjusters often seek to minimize the payout, and any misstep could affect your claim adversely. Consult with Our Office First Before you provide detailed statements to any insurance company, consult with an attorney at Edward A. Williams Attorney at Law. Our team can help you navigate the complex legal landscape and ensure that your rights are protected. We advise clients on how to handle insurance communications and represent them in negotiations to secure fair compensation. Why Choose Edward A. Williams Attorney at Law? Our firm brings a wealth of experience in handling auto accident cases, ensuring that you receive expert legal support. We understand the intricacies of insurance claims and will guide you through each step, from gathering evidence to negotiating settlements. Contact Our Business  If you’ve been involved in an auto accident, don’t go it alone. Contact Edward A. Williams Attorney at Law to schedule a consultation and get the expert legal assistance you need. Let us help you navigate the aftermath of an accident and communicate effectively with your insurance company. By following these steps and consulting with our office, you can protect your interests and achieve a fair resolution.

Social media has become an integral part of our daily lives, offering a platform to share experiences, connect with friends, and even vent frustrations. However, for those involved in a personal injury case, social media can become a double-edged sword. While it might seem harmless to post updates about your life, doing so can severely impact the outcome of your case. Here’s why it’s crucial to refrain from social media activity after an accident. Everything is Discoverable One of the most important things to understand is that social media posts are discoverable. This means that anything you post online can be accessed and used as evidence in court. Insurance companies and opposing legal teams often monitor claimants’ social media profiles for information that can be used to dispute the severity of their injuries or even the events surrounding the accident. For instance, a seemingly innocent post about attending a social event or a picture of you smiling can be misinterpreted as evidence that your injuries are not as serious as you claim. Even comments or interactions on friends’ posts can be scrutinized and taken out of context. Therefore, it’s best to avoid posting anything until your case is fully resolved. The Impact of Negative Statements In the heat of the moment, it’s natural to feel anger or frustration, especially if you believe the accident was due to someone else’s negligence. However, posting derogatory statements about the other party, the accident, or the legal process can backfire. Such statements can be perceived as attempts to influence or bias witnesses, and they can undermine your credibility in court. Moreover, negative posts can provoke responses that may escalate the situation, leading to additional stress and complications in your case. Remember, staying professional and composed, both online and offline, is crucial for maintaining the integrity of your claim. Privacy Settings Are Not Foolproof You might think that adjusting your privacy settings will protect you from prying eyes. Unfortunately, this is not entirely true. Even with the highest privacy settings, there are still ways for insurance companies and legal teams to access your posts. Friends or followers might share your content, or your posts could be subpoenaed during the discovery process. Additionally, some investigators create fake profiles to gain access to private information. Hence, the safest approach is to avoid posting anything related to your accident or daily activities that could be misinterpreted. What Should You Do Instead? While it may be challenging to stay off social media, especially during a time when you might seek support from your network, it’s vital for the success of your personal injury case. Here are some steps to take: Limit Social Media Use: Refrain from posting about your accident, injuries, or any activities that could be misconstrued. Educate Friends and Family: Ask those close to you not to post or tag you in anything related to the accident or your condition. Consult Your Attorney: Always seek advice from your attorney before making any posts or changes to your social media profiles. By exercising caution and refraining from social media activity, you can help protect your personal injury case and improve your chances of receiving fair compensation. Your focus should be on recovery and letting your legal team handle the complexities of your case without additional hurdles.

Driving safely is not just about avoiding accidents—it's also about managing the legal and financial implications of traffic violations. In Missouri, the cumulative point system plays a crucial role in determining your driving privileges and insurance rates. Here’s what you need to know about how this system works and why it’s important to address traffic tickets promptly. How the Point System Works Missouri assigns points to your driving record for various traffic violations. Paying a fine for a ticket may seem like the easiest solution, but it automatically leads to points being added to your record. These points accumulate over time and can have severe consequences. Key Thresholds and Penalties: 8 Points in 18 Months: Your license will be suspended for at least 30 days. 12 Points in 12 Months: Your license will be revoked for a year. 18 Points in 24 Months: Your license will be revoked. 24 Points in 36 Months: Your license will be revoked. These penalties highlight the importance of keeping your driving record clean. Accumulating points not only affects your ability to drive but also has a direct impact on your insurance rates. The Impact on Insurance Rates Insurance companies use your driving record to assess risk. More points on your record indicate higher risk, which translates to higher insurance premiums. Even a single traffic violation can lead to a noticeable increase in your insurance rates. Multiple violations can make insurance unaffordable and might even lead to policy cancellations. Reducing Points Over Time The good news is that Missouri offers a way to reduce points on your record over time, provided you avoid new violations. Here’s how the reduction system works: 1 Year without New Points: The total remaining points are reduced by one-third. 2 Years without New Points: The remaining points are reduced by one-half. 3 Years without New Points: The points are reduced to zero. This system rewards safe driving habits and encourages drivers to maintain a clean record. Amending Tickets: A Better Solution While paying a fine might seem like the easiest way to deal with a traffic ticket, it’s often more beneficial to have the ticket amended by a lawyer. Here’s why: Lower Long-term Costs: Although hiring a lawyer involves an upfront cost, it can be less expensive in the long run compared to the increased insurance premiums resulting from points on your record. Avoiding Points: Lawyers can often negotiate to have your violation reduced to a non-moving violation, which typically doesn’t add points to your record. Less Stress: Dealing with legal proceedings and potential license suspensions can be stressful. A lawyer can handle the complexities of your case, providing peace of mind. Understanding and managing Missouri’s point system is essential for maintaining your driving privileges and keeping insurance costs down. Paying fines for traffic tickets leads to points on your record, higher insurance rates, and potential license suspensions. However, reducing points over time by avoiding new violations and seeking legal assistance to amend tickets can significantly benefit your long-term driving record and financial well-being. Remember, investing in legal help now can save you money and stress in the future.

In personal injury cases, the distinction between a known and unknown assailant can significantly impact the outcome, especially when determining the liability of a business, landlord, or other responsible parties. Understanding this difference is crucial, as it often hinges on whether the entity had foreknowledge of the potential risk posed by the perpetrator. Let’s explore how foreknowledge influences negligence claims and the potential defenses available to businesses and landlords. Known Assailant: Foreknowledge and Liability When an assailant’s actions are predictable based on prior behavior, businesses and landlords can be held liable if they failed to act on this knowledge. This is often referred to as "foreseeability." If a business is aware that an employee, agent, or contractor has a history of dangerous behavior and fails to take appropriate preventive measures, it can be deemed negligent. For example, consider a situation where a store knows that an employee has anger management issues but does nothing to address this problem. If that employee subsequently assaults a customer, the store could be held liable for the injuries because it failed to take reasonable steps to prevent the foreseeable risk. Key Points of Liability with Known Assailants: Foreseeability: The business knew or should have known about the potential danger posed by the assailant. Failure to Act: The business did not take adequate steps to mitigate the risk, such as providing training, monitoring behavior, or terminating employment. Causation: The failure to act directly led to the harm suffered by the victim. Unknown Assailant: Lack of Foreknowledge as a Defense In cases involving unknown assailants, businesses and landlords can use the lack of prior knowledge as a defense. If there is no indication that an employee, contractor, or agent might pose a danger, it is often unreasonable to expect the business to foresee and prevent the harm. For instance, if a delivery contractor with no history of violence suddenly attacks a customer, the business might argue that it had no way of knowing about the potential for such an incident. The absence of prior warning signs or complaints can be a strong defense against negligence claims. Key Points of Defense with Unknown Assailants: Unforeseeability: The assailant’s actions were not predictable based on prior behavior. Reasonable Conduct: The business acted reasonably given the information available at the time. No Prior Indicators: There were no previous complaints, incidents, or red flags that suggested a potential risk. The Role of Due Diligence Whether dealing with a known or unknown assailant, the concept of due diligence is critical. Businesses and landlords are expected to take reasonable steps to ensure the safety of their customers and tenants. This includes conducting background checks, providing proper training, and maintaining a safe environment. Best Practices for Businesses and Landlords: Background Checks: Perform thorough background checks on employees, contractors, and agents. Training and Supervision: Implement regular training programs to address conflict resolution and workplace behavior. Prompt Action: Respond swiftly to any complaints or red flags regarding an individual's behavior. Clear Policies: Establish clear policies for handling incidents and ensuring a safe environment. Conclusion The distinction between known and unknown assailants in personal injury cases underscores the importance of foreknowledge and reasonable action. Businesses and landlords must be vigilant in recognizing potential risks and taking appropriate measures to protect their clients and tenants. Conversely, when no foreknowledge exists, they can reasonably defend against negligence claims by demonstrating that they acted prudently based on the information available at the time.

This past session, the Missouri legislature passed a number of bills that will affect personal injury claims. SB 31 amended R.S.Mo . 490.715 to change the way courts view payments made by other parties, otherwise known as collateral sources. Of note is that, beginning August 28, 2017, if a defendant or his or her insurer or authorized representative pays any part of a plaintiff's special damages (i.e. medical bills), then any portion of a plaintiff's claim that was paid by the defendant, or the defendant's insurer, are not recoverable to the plaintiff. Another change that may limit recover to the plaintiff is that courts will only look at the actual cost of medical care provided to the plaintiff. For instance, if a plaintiff is charged $10,000 for a trip to the hospital to treat injuries sustained in an accident, and those charges are reduced by contractual write-offs between the provider and the plaintiff or his or her insurance company, then only that part of the bill that is actually paid by the plaintiff or his or her insurance company is recoverable. This change basically does away with the rebuttable presumption rule afforded to plaintiffs. Another statutory change affects the way settlement demands are submitted to defendants. HB 339 now requires that plaintiffs afford a defendant or his or her insurer or authorized representative up to 90 days to review and respond to a demand. Another change requires plaintiffs to list names and addresses of employers at the time plaintiff was injured. This requirement would only apply if a plaintiff is claiming lost wages. It will remain to be seen how these changes will affect your personal injury claim. But, we will continue to work hard to make sure you are adequately compensated for your injuries and will hold those who caused your injuries responsible for their actions.

Snow and ice present dangerous conditions for pedestrians. Many people are injured when they slip and fall on a snowy or icy patch of pavement. Often times this happens in the parking lot of a store, or on a sidewalk leading up to a neighbor’s house. When a fall happens, and injuries result, it is not uncommon for the injured party to look to the property owner for damages. Pedestrians would expect that the surface on which they are walking is free from dangerous conditions such as snow and ice. The property owner may be a neighbor or it may be the corner grocery store. Whatever the case, property owners, and lessees, carry liability insurance in the event that someone is injured on their property. In the case of the corner grocery store, multiple parties may be involved. It might be the owner of the property, the lessee that rents space, or a company contracted to remove the snow and ice. We have successfully handled a number of cases involving slip and falls on slippery, icy surfaces. Property owners need to be held responsible for the proper maintenance of their property and surrounding areas, including parking lots and sidewalks. Ice, black ice, and snow present very hazardous conditions for pedestrians and slip and fall injuries often times result in significant injuries such as broken bones or tendon and ligament tears. What happens, however, when someone slips and falls on a surface while it is still snowing? Many people would presume that the surface should be clear regardless of the weather conditions at the time. This assumption is not correct. A recent case out of the St. Louis area favored the defendant in a personal injury case relating to snow and ice. The case involved a man that slipped and fell on snow and ice while precipitation was still falling. The jury concluded that the property owner was not liable for injuries while it was presently snowing or sleeting. We have two current cases involving injuries to clients that slipped and fell on accumulated snow and ice, but not while precipitation was currently falling. This is an important distinction to make and when evaluating a claim, one should check weather reports and get witness statements to determine whether snow and ice were actually falling at the time.  Missouri law is clear that there is no duty to remove snow and ice that is actually falling at the time.

UPDATED POST-Marijuana offenses: The people of Missouri approved Amendment 3 on November 8, 2022 that affects marijuana charges and convictions. Amendment 3 sought to legalize the possession of marijuana (with exceptions) and also provided for automatic expungements of charges and convictions. Missouri Constitution, Article XIV, Section 2. Click here for the text of the Amendment A few highlights to note: Any person currently on probation for a marijuana offense shall have their sentence automatically vacated by the sentencing court. There are of course restrictions. Most notably, the offense must have been a Felony D or Felony E involving three pounds or less of marijuana; Any person no longer incarcerated or on probation shall have their offense expunged by the court. The expungement shall be ordered within 12 months of the effective date of the Amendment. It has been our observation that many courts are slow to vacate sentences under the new law. We have been successful in having convictions vacated should the court not take action on its own, or is slow to do so. Call us today for a free consultation: 816-421-3400 . Webster defines expungement as “to strike out” or “obliterate”. That definition somewhat describes the new law in Missouri. Recent changes that went into effect January 1, 2018 make significant changes that allows for a greater number of offenses to be expunged, but also limits the number of times a person can seek expungement. SB 588, passed by the General Assembly in 2016, amended Missouri statute 610.140 that now reads “any person may apply to any court in which such person was charged or found guilty of any offenses, violations, or infractions for an order to expunge records of such arrest, plea, trial or conviction.” That sounds pretty good to those who have convictions on their record. However, this new law, while greatly expanding the list of offenses available to be expunged also excludes a host of others, including the one felony (bad checks) that was allowed under the prior law. In general, rather than listing what specific offenses can be expunged, as in the case of the prior law, the new law allows for expungement of any offenses, subject to a list of exclusions. Some notable exclusions are any class A felony; any dangerous felony that is defined in R.S. Mo 556.061; any offense that requires registration as a sex offender; felony assault, felony or misdemeanor domestic assault; and a laundry list of other offenses, including “intoxication related traffic or boating offense as defined in section 577.001” (which basically limits DUI expungements to first time offenders so long as another person was not injured or killed). The new law also shortens the time frame before a person may seek expungement of an offense. For felonies, the waiting period is reduced from twenty years down to seven, which has been further reduced to three.. For misdemeanors, the waiting period is reduced from ten years down to three, which has been further reduced to one. As in the case with the prior law, a person seeking expungement cannot be currently incarcerated or on probation or parole for the offense. A person must also have not been found guilty of any other misdemeanor or felony (excluding traffic violations) during the time period specified for the underlying offense. The new law also requires that no new or pending charges be against the person seeking expungement. Getting back to the definition above, many people think that if an offense is expunged from their record, that it is completely erased from all records. Under the new law, this perception is simply not so. If an offense is expunged, the court issues an order directing that person’s records to be closed rather than destroyed, as was the case under the old law. In effect what this means is that, while an offense will no longer be available to the public, it will still be available to criminal justice agencies (i.e. police) and to a number of entities for use in screening out job applicants for certain positions. Of note, the new law specifically states that a person who has had an offense expunged may answer “no” to an inquiry from an employer, or prospective employer, as to whether that person has ever been convicted of a crime. That person must, however, answer “yes” to an inquiry if the employer, or prospective employer, is required to exclude applicants with certain criminal convictions. The bottom line is that this new law offers a chance for persons convicted of certain crimes to move on with their lives and not be hounded by past mistakes. As Governor Nixon, who signed the law, said “Missourians who have paid their debt to society and become law-abiding citizens deserve a chance to get a job and support their families.” Of course, a petition must be filed with the court and the process can be lengthy and should only be done with the assistance of a qualified attorney, but the expungement process and any associated cost would certainly be worth it to many with convictions who are seeking employment or other opportunities in the state of Missouri.

Medical Payments, or MedPay, is a coverage option in Missouri that is designed to help pay for medical bills. It can pay out regardless of fault. Insured drivers in Missouri must elect to add this coverage option which can range from $1,000 to sometimes up to $10,000. It can be a much needed relief for claimants when dealing with a motor vehicle accident. Insurance companies can pay medical providers or pay their insured directly up to the MedPay policy limit. If the insured is paid directly, he or she must still satisfy the bill from the provider out of their own pocket, but many times providers will accept less than the billed amount resulting in a net benefit to the claimant. The cost to obtain MedPay coverage is relatively inexpensive and can come in handy when a party to an accident is left with mounting medical bills. When clients come to us for help with an accident, and have this MedPay coverage, we work with them, their insurance company and the medical providers in getting the most benefit for our client while also satisfying the medical bills. What happens, however, when an insured who has a Missouri automobile insurance contract that includes MedPay coverage is injured in an accident in another state, namely Kansas? Since our metropolitan area encompasses both Missouri and Kansas, this scenario can play out frequently. In Kansas, what is known as MedPay in Missouri is referred to Personal Injury Protection (PIP). PIP works in a very similar way as MedPay and can pay out benefits regardless of fault. In these situations, MedPay benefits are converted to PIP benefits and paid out accordingly. The big difference between Missouri and Kansas is that under the Kansas Automobile Injury Reparations Act (the “Act”), PIP benefits which include medical payments are subject to subrogation. For example, if a Kansas insured driver is involved in an accident and receives PIP benefits to help pay for medical bills, those benefits are subject to the Act and must be re-paid in any third-party liability claim. By contrast, Missouri subrogation of MedPay payments under a Missouri policy is void as against public policy and do not have to be re-paid. Therefore, many insurance companies may try to assert, given the fact scenario described above, a re-payment of claims paid out under PIP that was converted from MedPay. Thankfully, the Kansas Appellate Court does not agree. In State Farm Mutual Automobile Insurance Company v. Baker , 797 P.2d 168 (Kan. App. 1990, review denied), the court concluded that when a person contracts for insurance in another state (e.g. Missouri) the contract for that state is to be applied in interpreting the underlying insuring agreement and the nature of the benefits provided (Id. 172). The holder of the out-of-state policy is “entitled under the terms of the policy to the explicitly bargained for overage and, in the event of an out-of-state accident, replacement of that explicit coverage by coverage required under the law of the sister state.” (Id.). In other words, any benefits paid under the Missouri MedPay provision that was converted to PIP in Kansas, does not have to be paid back. This can result in an unexpected benefit to claimants who have settled a personal injury claim. It is important, however, for the insured to carefully check the wording of the insurance contract he or she entered into to make sure that MedPay provisions may be extended to states other than the host state. Many Missouri contracts should have language that reads the MedPay payment coverage applies “in the United States of America.”  The anti-subrogation laws in Missouri are well-grounded as a matter of public policy and those with MedPay coverage should take comfort to know that their MedPay benefits travel with them when driving in other states, at least while driving in Kansas.

By law minors cannot enter into a contract for settlement of personal injury cases. For purposes of entering into contracts in Missouri, a person is considered a minor if he or she has not attained the age of eighteen. Therefore, when settling a case for a minor in Missouri, certain precautions need to be taken to protect the interests of a minor. If a minor is injured in an accident and a settlement is reached on his or her behalf, attorneys have historically needed to establish a conservatorship if the amount of settlement exceeds $10,000. Generally, even if the settlement is less than $10,000, a court may require the funds to be deposited into an interest bearing restricted deposit account to be held until the minor reaches the age of 18. A conservatorship and restricted deposit accounts have the affect of protecting the rightful property of the minor. Depending upon the size of the settlement, an annuity may also be set up to provide partial payment of the total settlement upon the claimant attaining a certain age. It is not uncommon for a large settlement to be set up as an annuity and controlled by an insurance company that starts making payments when the minor reaches the age of 18 and at certain intervals of age thereafter. Setting up a conservatorship or a restricted deposit account is costly and time-consuming. Often times, a conservator (usually a parent) must petition the court to be appointed as a Next Friend of the minor and request a judge to approve the petition appointing the parent as a conservator. The conservator may need to post a bond and if the parent is not eligible or able to do so, the Public Administrator often steps in to act as conservator. A conservator requires yearly accounting of the funds placed in a restricted account. As personal injury settlement amounts have increased, so has the burden on lawyers and the court when settling cases involving a minor. The time to file conservatorships, sometimes referred to as a minor settlement or friendly suit, places significant delays on the parties wishing to settle a case. The Missouri legislature sought to ease some of these restrictions and delays by enacting the Missouri Statutory Thresholds for Settlements Involving Minors Act in 2021 ( R.S.Mo . 436.700) As of August 28, 2021, a person having legal custody of a minor may enter into a settlement agreement with any person or entity provided that no conservator or guardian had been appointed at the time of the settlement and that the total amount of the settlement is $35,000 or less. The new threshold will be adjusted every five years beginning January 1, 2027 based on the Consumer Price Index. In addition, the person (usually a parent) entering into a settlement agreement on behalf of a minor need only to execute an Affidavit attesting that 1) the minor will be fully compensated by the settlement; and 2) there is no practical way to obtain additional amounts from the person or entity entering into the settlement with the minor. While the new law makes the settlement of personal injury cases involving a minor less complicated and less time consuming, it still has restrictions on the distribution of the funds. For instance, the settlement funds must be deposited into a special uniform transfer to minors account for the sole benefit of the minor. The funds in such an account may not be withdrawn, removed, paid out, or transferred to any person, including the minor except upon 1) a court order; 2) upon the minor reaching the age of 18; 3) at the direction of a duly appointed conservator; 4) at the direction of the custodian for the uniform transfer to minors account for the sole benefit of the minor; or 5) upon the minor’s death. This new law should help getting personal injury claims settled sooner and without the need of court approval all the while safeguarding moneys rightly owed to the minor. It also protects a person acting in good faith while entering into a settlement agreement on behalf of a minor as well as the person or entity against whom the minor has a claim. It is highly recommended that one consult with a lawyer knowledgeable in this area before entering into any settlement involving a minor.