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Consider Questions Our Clients Ask Most Often

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It can be difficult to know what to do when you are faced with a potential claim for personal injuries or disability. Even the thought of contacting an attorney can be a little overwhelming. At MacPherson Law, we offer free, no-obligation consultations with Attorney Ashleigh MacPherson to address all your questions and concerns. In some situations, we can even arrange for a hospital or in-home consultation.

Have questions that can't wait? Review some of the most frequently asked questions regarding personal injury, disability and wrongful death:

Personal Injury & Accident Questions

What is personal injury?

The legal term personal injury refers to the physical or emotional injury that an individual sustains as the result of another party’s negligence. Claims for personal injury often arise out of automobile accidents, pedestrian accidents, workplace accidents, slip and fall accidents, trucking accidents, boating accidents, nursing home abuse or neglect and medical or dental malpractice. Claims for personal injury do not include damage to property. Victims of personal injury are often eligible to receive monetary compensation, or damages, for medical expenses, lost wages, lost household contribution and pain and suffering. With the help of an experienced personal injury attorney, victims may be able to maximize how much they receive in damages.

How do I know if I have a claim for personal injuries?

Whether you have a viable personal injury case depends on many factors. In general and in addition to other elements, there are a few main things a claimant must prove in order to recover in a personal injury case: that you suffered damages, that the defendant was negligent and that the defendant's negligence caused your damages. Keep in mind that even if you have a valid claim, your personal injury attorney will have to investigate whether or not you would be able to collect on your claim. If the other party does not have insurance and does not have other assets that could be used to compensate you, it may be that you have a valid claim but will be unable to be compensated for it. There are some instances in which your own insurance may be used to compensate you even if the at-fault party was uninsured at the time of the accident. An experienced personal injury attorney will be able to sort through those issues with you and determine whether or not you have a claim.

How much time do I have to file a personal injury claim?

The time limit, or statute of limitations, during which you must file a claim varies greatly according to the type of case and the location. It's always best to consult with an attorney as soon as possible so that he or she can evaluate your particular situation to determine the time sensitivity of your case.

How much will a personal injury case cost?

At MacPherson Law, we provide free, no-obligation, confidential consultations. We do not charge for our services unless and until we collect the compensation for our clients and their families. Furthermore, we advance all the costs of handling our cases so our clients do not have to worry about coming up with cash out of pocket to cover case expenses.

How much is my personal injury case worth?

A number of factors figure into the monetary value of your personal injury claim. The value of your case is impacted by the nature and extent of your personal injuries; the amount of your medical bills, lost wages, property damage and other financial losses; pain and suffering; and present and future disability.

Even when those factors are considered, there are significant variations in the value of a personal injury claim based on the amount of insurance involved or the assets of the defendant, any partial fault on the part of the injured person, the victim's willingness/ability to invest a long period of time in litigating the claim versus the need for a relatively quick settlement and more. Assessing the value of your personal injury case isn't an exact science, and we will not be able to give you a definite value up front. However, we at MacPherson Law can weigh the various factors to give you an overall picture of the strengths and weaknesses of your case.

To find out how much your claim could be worth, submit our Personal Injury Information Form and someone from our legal team will contact you to schedule a free consultation.

Has your firm ever handled a personal injury case like mine?

Attorney Ashleigh MacPherson has experience in multiple areas of personal injury law—and we can help. We have recovered millions of dollars for our clients and are skilled at navigating the various types of personal injury claims including automobile accidents, pedestrian accidents, trucking accidents, workplace injuries, slip and fall injuries, nursing home neglect and negligence and medical malpractice.

Will I have to go to trial?

The majority of personal injury cases never go to trial. In fact, many cases can be settled at the claim stage without a lawsuit ever being filed. Others may require a lawsuit, but can be settled prior to trial. There are those cases in which a trial is necessary in order to achieve the best possible outcome for the client. Attorney Ashleigh MacPherson not only has the knowledge and experience to maximize the chances of settlement in your case without the need for litigation, but also the skills necessary to aggressively and effectively litigate your case if it does go to trial.

When should I call a lawyer?

If you are considering filing a claim for personal injuries, immediately after your injury would probably be the ideal time to speak with an attorney. If it's passed that point and you haven't already contacted a personal injury attorney, the second-best time may be now. Every state has different statutes of limitations that can forever bar you from bringing a personal injury claim. Even if you're well within the limitations period, though, timely legal advice can be critical. Getting advice and guidance from a personal injury lawyer as early as possible may help you avoid mistakes that could later harm your personal injury case. Call us at (417) 725-3355 or submit a request for information, and someone from our legal team will contact you to schedule a free consultation.

Disclaimer

The above summary of personal injury law is by no means all-inclusive and is not legal advice. For the latest information on personal injury laws and for legal advice, speak to a local personal injury attorney in your state.

Wrongful Death Questions

What is a claim for wrongful death?

A "wrongful death" is one that occurs as the result of another party’s "negligence," which means doing something a reasonably careful person or company would not do under the same or similar circumstances, or failing to do something a reasonably careful person would do under the same or similar circumstances. The law allows certain listed close relatives of the deceased to file a claim for compensation for the wrongful death of their loved one. Claims for wrongful death often arise out of automobile accidents, pedestrian accidents, workplace accidents, trucking accidents, boating accidents, nursing home abuse or neglect and medical malpractice.>

What damages can be recovered in a wrongful death claim?

The laws vary from state to state, however almost all states allow damages for funeral and burial expenses and for loss of financial support from the deceased person. Many states also allow for recovery for any conscious pain and suffering experienced by the deceased prior to his or her death. Most states also allow non-economic damages to the surviving spouse or next of kin, such as loss of society and companionship damages, but these damages may be limited depending upon the cause of death.

How much time do I have to file a wrongful death claim?

The time limit, or statute of limitations, during which you must file a claim varies depending on the state law which applies to the case. In Missouri, claims for wrongful death must be filed within 3 years of the date of death-- unless certain limited exceptions apply. Like with any claim, it is always best to consult with an attorney as soon as possible so that he or she can evaluate your particular situation to determine the time sensitivity of your case.

How much will a wrongful death case cost?

At MacPherson Law, we provide free, no-obligation, confidential consultations. We do not charge for our services unless and until we collect the compensation for our clients and their families. Furthermore, we typically advance all the costs of handling our cases so our clients do not have to worry about coming up with cash out of pocket to cover case expenses.

Can I bring a wrongful death claim based upon the death of a child or elderly person?

Yes, you can recover damages for the loss of a loved one, no matter how old or young. For a variety of reasons, however, the damage awards for elderly and infant/children losses can be less depending on the circumstances. To discuss the impact of the decedent's age or any other factor has on the value of your claim, please call us today at (417) 725-3355 or submit our information request form and someone from our legal team will contact you to schedule a free consultation.

How much is my claim for wrongful death worth?

There is arguably nothing more valuable than a human life. However, many things can affect the legal value of your wrongful death claim. The value of your case is impacted by the extent of suffering by the deceased prior to his or her death, the life expectancy of the deceased, the lost household contribution or financial support of the deceased. Of course, the insurance coverage available can also impact the amount of damages you can recover. Assessing the value of your wrongful death case isn't an exact science, and we won't be able to give you a definite value up front. However, we can weigh the various factors to give you an overall picture of the strengths and weaknesses of your case. To find out how much your claim could be worth, call us today at (417) 725-3355 or submit our information request form and someone from our legal team will contact you to schedule a free consultation.

Has your firm ever handled a wrongful death claim like mine?

Attorney Ashleigh MacPherson has handled various types of wrongful death claims including automobile accidents, pedestrian fatalities, premises liability/homeowner negligence cases and deaths due to nursing home neglect. We understand the unique nature of these types of claims and the flood of emotions that can come along with them—anger, regret, guilt, shame and despair. While we cannot ever bring your loved one back, we can work to hold the at-fault parties responsible and facilitate healing throughout the process. Our legal team prides itself in providing compassionate representation to our clients during one of their hardest chapters in life.

Will I have to go to trial?

The majority of wrongful death cases never go to trial. In fact, many cases can be settled at the claim stage without a lawsuit ever being filed. Others may require a lawsuit, but can be settled prior to trial. There are those cases in which a trial is necessary in order to achieve the best possible outcome for the client. Wrongful Death Attorney Ashleigh MacPherson not only has the knowledge and experience to maximize the chances of a settlement in your case without the need for litigation but also possesses the skills necessary to aggressively and effectively litigate your case if it does go to trial.

Do I really need a lawyer, or can I just work with the insurance company on my own?

Insurance companies do not have your best interests as their primary goal. A personal injury lawyer can negotiate your claim on your behalf and should know how to work with—and against—insurance companies to get the compensation you deserve. If you have lost a loved one due to the fault of another, it is wise to contact an attorney immediately. An experienced attorney can offer advice about your options allowing you to decide whether or not to pursue legal action. Wrongful Death Attorney Ashleigh MacPherson would be happy to discuss the option of handling your case on your own and what you might be faced with should you chose to do so.

When should I call a lawyer?

The statute of limitations on wrongful death claims is much shorter than for other personal injury claims. Therefore, if you are considering filing a claim against the at-fault party, it is important to speak with an attorney as soon as possible. At MacPherson Law, we understand how difficult it can be to pursue a legal claim during your time of grief. Our legal team will take on that burden for you and allow you to focus on more pressing matters. We pride ourselves in providing compassionate guidance to our clients during this most difficult time. Call us at (417) 725-3355 or submit a request for information, and someone from our legal team will contact you to schedule a free consultation.

Disclaimer

The above summary of wrongful death law is by no means all-inclusive and is not legal advice. For the latest information on wrongful death laws and for legal advice, speak to a local personal injury attorney in your state.

Social Security & Disability Questions

How do I apply for Social Security Disability Benefits?

You can apply for Social Security disability benefits online. You can also apply in person at your local Social Security office or via telephone. If you wish to apply online, there is no need to wait for an appointment and you can complete your application at your own pace. If you’d rather apply in person or over the phone, we recommend contacting the Social Security Administration at 1-800-772-1213 to schedule an appointment.

What information will I need for my disability application?

To apply for benefits, Social Security will ask you to complete a Disability Benefit Application and a Disability Report. Before completing these forms, you should be prepared with information regarding your identification, marriage status and immediate family members, employment status, work history, financial status, medical conditions and medical treatment. For an outline of the information you will need, view the checklist published by the Social Security Administration.

I know that I am disabled. Do I really need a lawyer, or can I just go to the hearing on my own?

Filing for Social Security disability is often a lengthy and frustrating process. Even with a strong case, you are likely to get denied unless you know the ins and outs of the system. By obtaining and submitting the medical evidence to support your claim, we can help you potentially speed up the process and dramatically increase your chances of a favorable decision. We know the system. We know what requirements need to be met. We know what information Social Security needs. And we know what information from your doctors will help get your claim approved. In the event that your claim is denied, we can appeal the unfavorable decision and represent you at hearing before an Administrative Law Judge. Although you are allowed to represent yourself at hearing, the Social Security Administration recommends that you hire a qualified attorney to assist you.

How likely is it that my claim will be approved?

Many factors impact the likelihood of your claim being approved, including your age, your work history, your level of education and the severity of your medical conditions. Although it is nearly impossible to know for sure whether your claim will be approved or not, there are several guidelines that disability attorneys use to help predict the likelihood that you will be found disabled. For example, as a general rule, individuals who are 50 years old and older are more likely to be found disabled than those 49 and younger. The standard for proving disability gets increasingly easier as a claimant reaches ages 55 and 60. Also, there are a number of very specific medical conditions called "Listings" that are recognized by Social Security as automatically disabling as long as certain severity requirements are met. Unfortunately, most claimants will not meet one of those Listings and instead must prove how their medical conditions restrict their ability to perform work activities. Disability Attorney Ashleigh MacPherson would be happy to discuss the likelihood of prevailing in your claim for disability benefits. Call us today at (417) 725-3355 to schedule a free consultation.

What if I don't have the money to pay for an attorney up front?

At MacPherson Law, we provide free, no-obligation, confidential consultations. We do not charge for our services unless and until we get you approved for disability benefits. Once you are approved, our fees are capped by Social Security and cannot exceed 25% of the amount of your back benefits. We do not take any fees out of the ongoing benefits paid by Social Security once your back benefits have been paid. Furthermore, we advance the costs of handling our cases (such as ordering medical records) so our clients do not have the burden of paying for these costs out of pocket before their benefits have been approved. Contact MacPherson Law today to learn how we make it easy and affordable to appeal your denial.

Has your firm ever handled a disability case like mine?

Attorney Ashleigh MacPherson has years of experience handling Social Security disability cases at every step of the process – application level, hearing level, Appeals Council reviews and District Court appeals. MacPherson Law handles cases involving physical, mental and/or cognitive disabilities. Social Security is one of our main areas of focus and we have successfully recovered hundreds of thousands of dollars in back-owed and disability benefits for of our clients over the years. Call today to speak with our legal staff and find out what makes our firm different from the other, larger firms out there.

Will I have to go to a hearing?

Unfortunately, very few claims are approved at the application stage. Once a claim for disability benefits has been denied, the majority of disability cases proceed to a hearing before an Administrative Law Judge. There are some cases that may be initially denied at application, but can be approved with the submission of additional evidence prior to a hearing. However, in most cases a hearing is necessary in order to achieve the best possible outcome for the client. Attorney Ashleigh MacPherson has the knowledge and experience to maximize the chances of a favorable outcome in your case and will walk you through every step of the process, including representing you at the hearing level and beyond.

Can I work while I applying for disability or after being approved for benefits?

Social Security has special rules that allow some recipients to work temporarily or on a part-time basis without losing monthly benefits; however, the rules regarding earnings while on disability can be complicated. Generally speaking, as long as you remain disabled from full-time work, Social Security may allow you to perform some work as long as your wages are under a certain amount. Social Security also allows some recipients to work full time for months at a time (considered a trial period) before discontinuing their benefits. As any work could jeopardize your claim for benefits, it is best to speak with an experienced attorney before deciding what is best in your situation. Attorney Ashleigh MacPherson will be able to advise you how your work activity may impact your claim for benefits.

When should I call a disability attorney?

If you are considering filing a claim for disability benefits, speaking with an attorney prior to filing an application for benefits is probably your best bet. If you have already applied for disability benefits and been denied, it is critical to contact an attorney as soon as possible. The Social Security Agency has very strict rules regarding the time allowed to file an appeal once your claim has been denied. Getting advice and guidance from a Social Security disability lawyer as early as possible may help you avoid mistakes that could later harm your case. Call us at (417) 725-3355 or submit a request for information, and someone from our legal team will contact you to schedule a free consultation.

Disclaimer

The above summary of disability law is by no means all-inclusive and is not legal advice. For the latest information on disability laws and for legal advice, speak to a local disability lawyer in your state.