“Damage caps” are arbitrary limitations that some states put on the amount of compensation a victim can recover when injured or killed by the tortious conduct of another.
In Missouri, the use of caps on Medical Malpractice awards have been held unconstitutional by state courts. There is no limitation on damages in personal injury or wrongful death claims. In lawsuits for wrongful death, the recoverable losses include pecuniary; funeral expenses; services; consortium; companionship; comfort; instruction; guidance; counsel; training; support; suffering of deceased before death. The wrongful death statute does not permit damages for grief and bereavement (the period of mourning after death).
A statute of limitations is a law that affects how long a person has to file a lawsuit after an event occurs. In Missouri, the time limit to file a claim in a personal injury action for nursing home neglect or abuse is 5 years. The Missouri statute of limitations to bring a claim for wrongful death is 3 years. If a lawsuit is not brought within the statute of limitations your right to bring a claim will be barred.
The use of a contingency fee agreement is meant to help people who cannot afford to hire an attorney by making it easier to pay for legal services. In a contingency fee agreement, the client pays for their attorneys services through a percentage of winnings from a case, as opposed to hourly billing.
The Missouri Rules of Professional Conduct set forth requirements of contingent fee agreements. Pursuant to Rule 4-1.5a, an attorney’s contingent fee must be reasonable at the outset and conclusion of the lawsuit. Further, Rule 4-1.5 requires that a contingent fee agreement be in writing. The scope of representation should be set forth in the agreement and any limits on the lawyers services should be stated explicitly. An attorney must get the client’s consent in writing if he wishes to divide fees with a lawyer from another firm. The division may be based on the proportionate share of services performed by each lawyer or each lawyer must assume joint responsibility for the representation.
Residents of long term care facilities in MIssouri have rights which are guaranteed by Federal and state law. The purpose of residents rights statutes is to promote and protect residents while supporting the principles of dignity and respect for each and every resident in a long term care setting. Every long term care facility in Missouri that accepts Medicare and Medicaid must promote the following residents’ rights to comply with federal and state law:
The complete “Residents’ Rights” statute can be found in the Missouri Code of State Regulations, Title 19, Division 30, Chapter 88.
The Missouri Department of Health and Senior Services regulates Missouri’s long-term care facilities. The Department conducts annual inspections to help ensure that each facility continuously provides the minimum levels of care the required by law. The Missouri Department of Health will also receive and investigate complaints made by consumers and residents about nursing homes to ensure compliance with health and safety laws.
Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. The legal statutes, laws and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.
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