Category: Blog

The death of a loved one is always tragic and distressing, however, circumstances are made much worse when their death is due to the negligence of another. When experiencing such mixed emotions, it can become difficult to figure out the next steps. Therefore, it is important to know what a wrongful death is and how you can take legal action for compensation if your loved one was killed due to negligence.

Examples of Wrongful Death

A wrongful death occurs when an individual dies from misconduct or negligence from another party. Their deaths are often sudden and unexpected. Some examples of wrongful deaths include, but are not limited to:

1. Automobile accidents
2. Manufacturing defects
3. Defective products
4. Falls
5. Death at the hands of a physician

How to Handle a Wrongful Death

Any negligent act which results in death can be legally pursued by filing a wrongful death claim. Furthermore, a wrongful death case can be pursued even if the deceased bore some responsibility in their death. Close family members can file a lawsuit against the negligent party on behalf of a wrongful death victim to recover economic, non-economic, and punitive damages.

In the state of Missouri, there is a window of time in which you may file a wrongful death claim. The general time period is one to three years after a wrongful death; however, there are variables that can extend this time frame.

If you are the family member of a victim of wrongful death, you deserve both compensation and justice. Turn to the professionals at Lanzotti & Rau to help you and your family pursue legal action for the death of your loved one.

Trusted Wrongful Death Lawyers in Missouri

The lawyers at Lanzotti & Rau can help you navigate the wrongful death claims process and pursue legal action to receive compensation for your loss. To learn more about our legal services or how we handle our wrongful death cases, call us today at 573-335-9300 and schedule a free consultation.

A personal injury is caused by any civil wrong that inflicts harm to a person’s body, mind, or property. Under personal injury law, these wrongs are called “torts.” Personal injury law is a branch of law that deals with the legal rights of individuals who have been injured or harmed by such torts due to the negligence of others.

Often, injured parties will file a claim to recover damages in the form of monetary compensation for their personal injuries. Personal injury cases can involve a wide range of accidents, including car accidents, slip and falls, medical malpractice, and product liability. If you have suffered a personal injury, here is what you need to know about personal injury law.

Recoverable Damages of a Personal Injury Case

There are two main types of damages that can be recovered in a personal injury case:

• Economic damages

  These damages include medical expenses, lost wages, and property damage.

• Non-economic damages

  These damages are more difficult to quantify, such as pain and suffering, emotional distress, and loss of consortium.

Filing a Personal Injury Law Claim

In order to win a personal injury claim, you must prove the following:

• The defendant owed the plaintiff a duty of care.
• The defendant breached that duty of care.
• The breach of duty caused the plaintiff’s injuries.
• The plaintiff suffered actual damages as a result of their injuries.

Statute of Limitations for Personal Injury Claims

The statute of limitations is the time limit in which a personal injury lawsuit must be filed. Statutes of limitations vary from state-to-state, so it is important to consult with a local Southeastern Missouri attorney to determine the deadline in your state.

The Benefits of Hiring a Personal Injury Lawyer

Knowledgeable and experienced personal injury lawyers can:

• Guide you through the complex legal system.
• Help you gather the evidence you need to prove your case.
• Negotiate with insurance companies on your behalf.
• Represent you in court, if necessary.

If you have been injured in an accident, it is important to speak with an attorney as soon as possible. An experienced personal injury lawyer can help you understand your legal rights and options and can fight for the compensation you deserve.

Experienced Personal Injury Lawyers Near You

The lawyers at Lanzotti & Rau specialize in personal injury law and can help you pursue legal action to receive compensation for your pain and suffering. To learn more about our personal injury law services or how we handle our cases, call us today to schedule a free consultation at 573-335-9300.

Car accidents are a leading cause of death and injury in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were over 6 million car accidents in 2020, resulting in over 38,000 deaths and over 2.3 million injuries. To avoid injury and stay safe while behind the wheel, here are some common car accident causes and tips for steering clear of them.

Common Car Accident Causes

Some of the most common causes of car accidents include:

• Distracted driving

  This is one of the most dangerous causes of car accidents. Distracted driving can involve anything from talking on a cell phone to eating to changing the radio station. When you are distracted, you are not paying attention to the road, which can lead to accidents.

• Driving under the influence of drugs

  Drugs can impair your judgment and coordination, just like alcohol. If you are taking drugs, do not get behind the wheel.

• Drunk driving

  Drunk driving is another major cause of car accidents. Alcohol impairs your judgment and coordination, which can make it very difficult to drive safely. If you are going to drink, do not get behind the wheel.

• Fatigue

  Fatigue is a major factor in car accidents. When you are tired, your reaction time is slower and you are more likely to make mistakes. If you are feeling tired, pull over and take a nap.

• Mechanical problems

  Mechanical problems can also cause car accidents. If you notice any problems with your car, have it repaired immediately.

• Poor weather conditions

  Bad weather can make driving more difficult and dangerous. If you are driving in bad weather, be sure to slow down and leave extra space between you and the car in front of you.

• Reckless driving

  Reckless driving is any type of driving that is dangerous and could put others at risk. This can include things like tailgating, weaving in and out of traffic, and driving aggressively.

• Speeding

  Driving too fast is a leading factor in fatal car accidents. When you are speeding, you have less time to react to hazards on the road, which can lead to accidents.

Tips for Avoiding Car Accidents

There are many things you can do to avoid car accidents and stay safe on the road. A few tips include:

• Obeying the speed limit.
• Not drinking and driving.
• Not texting and driving.
• Wearing your seatbelt.
• Being aware of your surroundings.
• Not tailgating by leaving plenty of space between you and the car in front of you.
• Being patient and courteous to other drivers.
• Not driving when tired or under the influence of drugs or alcohol.
• Having your car regularly maintained.

By following these tips, you can help to avoid car accidents and stay safe on the road. However, in the event that you are injured in a car accident, it is important to speak with a car accident lawyer as soon as possible.

Contact the Experienced Car Accident Lawyers at Lanzotti & Rau

The knowledgeable lawyers at Lanzotti & Rau can help you understand your legal rights and pursue legal action to receive compensation for your car accident injury and automobile damage. To learn more about our car accident legal services or how we handle our cases, call us today to schedule a free consultation at 573-335-9300.

Without the dedication of hard-working construction workers, our society would not have progressed to its current level of advancement. However, despite its importance, construction work is also one of the most hazardous professions. Operating heavy machinery and constructing large structures can lead to accidents and injuries for workers. Although safety precautions and standards are in place to prevent construction site injuries, not all dangerous situations can be avoided.

The Top Four Construction Site Injuries

The four major causes of injuries at a construction jobsite include:

1. Falling

   As the most common cause of construction workplace injury falls account for 35% of construction accidents. Construction workers can fall from anything, including ladders, roofs, and scaffolding; therefore, many safety measures are in place. OSHA requires all workers to undergo climbing safety training and wear fall prevention harnesses when working above the ground.

2. Electrocution

   Construction and electrical work go hand-in-hand, and workers can easily hit power lines with machinery and equipment, leading to deadly electric shock.

3. Equipment and Machinery Injuries

   Most of the equipment and machinery used on a construction site is hazardous and can cause a great deal of injury if operated irresponsibly or by someone who lacks proper training. Occasionally, construction workers have been crushed or mangled after getting caught in heavy machinery. Such injuries can result in severe trauma, loss of limbs, or death.

4. Fallen Objects

   If workers do not secure their tools when climbing or maintain a strong grip, an object can easily fall and become a lethal projectile to workers below. Being struck by an object falling from great heights, even while wearing a hard hat,  can lead to traumatic injuries and even death.

A construction site is a dangerous workplace where accidents can always happen, no matter the amount of training and precautions put in place.

If you are a construction worker who has been injured on a job site, consult with the experienced construction injury lawyers at Lanzotti & Rau to help you successfully receive your workers’ compensation benefits.

Reliable Construction Injury Lawyers in Southeastern Missouri

The lawyers at Lanzotti & Rau will fight on your behalf to help you receive fair compensation for your on-the-job injury. If you want to learn more about our construction injury legal services or how we handle our cases, call us today at 573-335-9300 and schedule a free consultation.

If a medical condition prevents you from working, you may be entitled to receive Social Security Disability (SSD) benefits. Unfortunately, the majority of SSD claims are denied at the initial filing, forcing you through the appeal process. The process of becoming eligible for Social Security disability payments is a lengthy and demanding one. It’s common for individuals to give up or withdraw from the process due to its complexity, which can be overwhelming to handle alone.

This is why you should hire a Social Security disability attorney to expertly guide you through your appeal and quickly help you receive your benefits. However, you may be uncertain of the costs of hiring a Social Security disability attorney.

The Price of a Qualified Social Security Disability Attorney

While the costs of hiring an SSD lawyer may differ from state to state, most reputable Missouri Social Security disability attorneys do not require upfront fees. Furthermore, you will only pay your Social Security disability attorney if you win your case. Your attorney’s fee is usually taken directly from your back pay award. The maximum amount an attorney can charge if you win your Social Security disability case is set by the government at 25%, or $7,200.

How You Can Afford a Social Security Disability Attorney

If you are in need of an SSDI attorney to help you receive your temporary or permanent disability benefits but are uncertain if you can afford one, contact the experienced team at Lanzotti & Rau.

At Lanzotti & Rau, we handle personal injury, workers’ compensation, and Social Security disability cases on a contingency fee basis. This means that the attorney fee and expenses are deducted from the settlement or award, and no attorney fee is paid unless you receive a settlement on your case.

Experienced Social Security Disability Attorneys Near You

The complicated process of Social Security disability benefits requires experienced help, so trust the knowledgeable team at Lanzotti & Rau to help you pursue legal action to receive compensation for your disability.

To learn more about our Social Security Disability legal services or how we handle our cases, call us today at 573-335-9300 and schedule a free consultation.

An on-the-job injury can lead to costly medical bills and even temporary unemployment. Fortunately, workers’ compensation benefits can cover the costs of your treatment and support you during such a difficult time.

If you’re filing a worker’s compensation claim, you may be considering hiring legal counsel. Here are some pros and cons to working with a workers’ comp attorney.

Advantages to Hiring a Workers’ Comp Attorney

There are several pros to having an experienced workers’ comp attorney on your side. Your attorney will fight to ensure you get your maximum benefits as quickly as possible by gathering and documenting all evidence and meticulously double-checking all paperwork to make sure nothing is missing. Your trusted attorney will keep you informed throughout the claims process and be available to answer any questions you may have. And while you focus on your recovery, your knowledgeable workers’ comp attorney can also negotiate with the insurance companies on your behalf.

More often than not, claims handled by a workers’ comp attorney result in higher settlements than those filed without. Since they know the claims process and have established relationships with insurance company representatives, your workers’ comp attorney can get you the benefits you deserve.

Why There Are No Disadvantages to Hiring a Workers’ Comp Attorney

Your insurance company or workers’ comp board may try to dissuade you from working with an attorney. Employers may try to say it’s an aggressive or unnecessary step that will delay the claims process and that an attorney will only try to take your money. However, all of these claims are untrue.

In reality, hiring a workers’ comp attorney is standard practice in workman’s compensation cases. Most employers will have legal counsel of their own, so you’re entitled to yours as well. Your attorney will work on your case and handle most of the process, which won’t delay your claim at all.

Additionally, most workers’ comp attorneys operate on a contingency-fee basis; meaning they won’t receive any money until you receive a successful settlement. Furthermore, most lawyers only take a small percentage of your settlement, leaving you with a higher amount than you would’ve had without legal counsel.

Missouri Workers’ Comp Attorney You Can Trust

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your work-related injury. If you want to learn more about our workers’ compensation legal services or how we handle our cases, call us today at 573-335-9300 to schedule a free consultation.

If you’ve been injured or become ill and can no longer work, temporary disability payments can help supplement your income while you recover. However, waiting for your payment or being unsure of how much disability benefits you’ll receive each month can be a stressful and uneasy time. To put your mind at ease, here is a breakdown of how much you can expect your monthly disability payments to total in the state of Missouri.

Calculating Permanent and Temporary Disability Missouri Payments

The amount of payment you receive is dependent on your level of disability. Missouri disability law classifies disabilities into four categories, each with their own payment amounts. Disability categories include:

• Temporary partial disability: These payments cover 66% of the difference between your previous earnings and the amount you would expect to earn during your time off.
• Permanent partial disability: If you’re granted permanent partial disability, you can expect to receive 66% of your average weekly earnings, capped by a maximum amount.
• Temporary total disability: Like permanent partial disability, these payments cover 66% of your weekly earnings starting on the date of your injury. However, it is based on your gross wages instead of wages after taxes and deductions.
• Permanent total disability: Permanent total disability is calculated at the same rate as temporary total disability. However, it has a much higher maximum amount than the latter.

Receiving Disability Payments in Missouri

There’s a three-day waiting period between the time you are unable to work and when you can first receive a payment. After that, you can expect to receive your disability benefits weekly. However, permanent partial and permanent total disability payments can be granted in a lump-sum settlement.

To receive your disability payments, you’ll need to file a claim and have it approved by the state. However, most claims are initially denied due to a variety of reasons. If you want to receive the benefits you deserve as soon as possible, you should consider hiring legal counsel to ensure the process is smooth, expedited, and stress-free.

Experienced Temporary Disability Missouri Lawyers

If you’re looking for a temporary disability lawyer in Missouri, look no further than the experts at Lanzotti & Rau. We operate on a contingency-fee basis, meaning we don’t get paid until you receive your settlement. To learn more about our services and how we handle our disability cases, schedule your free consultation today at 573-335-9300.

If you’re pursuing legal action to receive compensation for an injury you’ve sustained in a stressful and traumatic motorcycle accident, you’ll want experienced legal counsel on your side. Here’s how a motorcycle accident lawyer can help your case.

Benefits of a Motorcycle Accident Lawyer

The trusted motorcycle accident lawyer in your corner will:

• Explain Your Rights

The weeks following a motorcycle accident can be overwhelming and confusing, especially if you are recovering from an injury. You’ll likely have a lot of questions regarding your claim. Luckily, your lawyer can explain your legal rights and inform you on next steps as you prepare to file.

• Provide Expert Legal Advice

A motorcycle accident lawyer will provide you with guidance throughout your claims process. They’ll know all the legal jargon and be able to break everything down so you understand the process every step of the way. As your legal representative, your lawyer will read over any statements or documents before you sign them, and deal with the insurance companies so you can focus on your healing.

• Build Your Case

Motorcycle accident cases require documented evidence to argue the amount of the compensation you are due. This includes medical bills, photos of the scene, police reports, eyewitness testimony, and more. It can be taxing to try and gather such information on your own. Your motorcycle accident lawyer will know exactly what is needed and collect all the evidence necessary to help build a successful case.

• Negotiate a Settlement

Once you receive a potential settlement offer from the insurance company, your lawyer will consult with you to determine if it’s a fair amount. Oftentimes, the initial settlement offer will be significantly lower than what you deserve. Your trusted motorcycle accident lawyer will then negotiate on your behalf to reach a fair settlement for the injuries you’ve sustained.

Reliable Motorcycle Accident Lawyers in Missouri

If you’ve been injured as the result of a motorcycle accident, contact the motorcycle accident lawyers at Lanzotti & Rau to pursue legal action to receive compensation. To learn more about our legal services, schedule a free consultation by calling us at 573-335-9300.

Getting in a motorcycle accident can be a traumatic experience that can dramatically alter the course of your life. If you’ve been the victim of a motorcycle crash, here is how you should respond — both immediately after the accident and in the days and weeks that follow.

4 Must Do Items To Take Care Of When You Get in a Motorcycle Accident

1. Take Care of Yourself

The first thing you’ll want to do after a motorcycle accident is assess the situation. Check yourself for visible injuries including scrapes, bleeding, and broken bones. Regardless of how your injuries seem, call 911. Emergency services will be able to respond quickly to provide police and medical attention. Once they arrive, have them take care of any injuries you’ve sustained. The longer you wait to seek medical care, the more at risk you are for complications and the harder it will be for you to earn fair compensation in your claim.

2. Gather Information

While you wait for emergency services to arrive, take photos of the scene to help show the severity of the accident. You’ll also need to exchange information with the other party if a negligible drive was at fault. You’ll need to know their full name, contact information, and insurance policy, but also document their driver’s license number, license plate number, and what kind of vehicle they drive. If you are able, you may want to obtain witness statements. The police will also ask you to give a statement of your own. All of this information will help your case when you file an insurance claim after the accident.

3. File Your Claim

You’ll need to notify your insurance provider of the accident as soon as you can. If you want to cover your losses, you’ll need to file a claim with your insurance provider. You may also want to file a claim with the driver at fault.

4. Hire a Motorcycle Accident Lawyer

Once you file a claim, you’re fighting an uphill battle against insurance companies who don’t want to give you the benefits you deserve. The claims process can be long and confusing, especially if you don’t have an expert on your side. That’s why you’ll want to hire a motorcycle accident lawyer as soon as possible to represent your best interests and help you navigate the claims process.

Experienced Missouri Motorcycle Accident Lawyers

If you’ve been injured in a motorcycle accident in Missouri, contact the lawyers at Lanzotti & Rau. Our experienced motorcycle accident lawyers will fight on your behalf to pursue legal action and win you the compensation you are due.

To learn more about our legal services or how we handle our motorcycle accident cases, call us today to schedule a free consultation at 573-335-9300.

Work-related injuries can leave you suffering in pain and out of a job for months. While workers’ compensation benefits can help while you’re recovering, you may need additional benefits to take care of any long-term treatment. That’s where Medicare can help.

What Can Medicare Cover?

Medicare and Medicaid are federal programs that provide healthcare to many Americans. While these programs cover medical bills, there are some issues when it comes to workers’ compensation. Federal laws have established that Medicare and Medicaid aren’t supposed to cover costs that your employer should be providing. Medicare will pay medical bills after a certain period if your employer’s insurance won’t, but it’s done only on certain conditions.

Although this may seem like a complicated process, it’s to ensure that Medicare isn’t being “double-dipped” both during and after your recovery. However, you can file a Medicare Set-Aside Arrangement (MSA), to cover any future costs.

Medicare Set-Aside Arrangement

While there are no Medicare workers compensation benefits, MSAs can be beneficial for your long-term recovery. During your recovery process, your employer’s insurance will estimate the future cost of your recovery. After receiving that estimate, they’ll work with the Center for Medicare and Medicaid Services to approve these funds. An MSA can be a lump-sum payment, or it can be yearly payments for a set amount of time. The funds will either come from the employee or a medical management company. After your MSA is approed, Medicare will begin covering your long-term recovery from an on-the-job injury.

Rely on Trusted Legal Services to Gain Your Medicaid Workers Compensation

The process of settling your Medicare Set-Aside Arrangement can be long and complicated. If you don’t have a legal expert on your side, you’ll be spending time you should be using to recover fighting with insurance companies. Instead of trying to navigate a workers’ compensation claim alone, contact an attorney to ensure you receive the benefits you deserve.

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your work-related injury. If you want to learn more about our workers’ compensation legal services or how we handle our cases, call us today to schedule a free consultation at 573-335-9300.