101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Closing Arguments

Closing arguments in a jury trial is often the best time an attorney can persuade the jury. The evidence has been heard and there is an opportunity for an attorney, unlike when examining a witness on direct or cross-examination, to directly tell the jury (or judge) why the evidence justifies a decision in one party’s […]

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Lost Wages

How are lost wages handled in a tort action? In a personal injury action against an insurance company or defendant, one of the chief responsibilities of an attorney is to adequately gauge with the client what the amount of a settlement or judgment should be (assuming that liability is not in issue). An incredible amount […]

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Course and Scope of Employment

When an employee is working in the “course and scope of employment,” many things legally are in play. For one, under agency principles like repondeat superior, an employee’s actions that result in a legally cognizable harm and are in furtherance of the employer’s objectives, will often result in both the employer and employee being held […]

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Medical Bills

In a personal injury case, one of the most common issues that confuses a client is how the medical bills are handled. I have written previously about this in another post: Health Provider Liens and Subrogation. For our purposes here, the two big takeaways are that there is a statutory limit in Missouri on how […]

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Premises Liability

The old “slip and fall” case. X is onĀ  Y’s property and slips on a patch of ice, falls backward and hurts his back, shoulder and arm. The is a common lawsuit and has spawned a seemingly innumerable supply of lawyer jokes across the U.S. So common, in fact, that the City of St. Louis […]

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Car Accident

I get asked a lot of question about what someone should do immediately after they are in a car accident. Here are some steps I outlined to keep in mind if you are in such a situation. As a general rule of thumb, keep your auto insurance information in the glove compartment (You’re also required […]

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Vexatious Refusal and Prejudgment Interest

In Missouri, there is a specific statutory section which penalizes insurance companies that handle claims in bad faith. Section 375.420, RSMo, provides the following: “In any action against any insurance company to recover the amount of any loss under a policy of automobile, fire, cyclone, lightning, life, health, accident, employers’ liability, burglary, theft, embezzlement, fidelity, […]

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Insurance Liens and Subrogation

Say you are hurt in a car accident. The driver who hit you is completely at fault. You have the police report saying he/she is at fault and all of your medical records. You either hire an attorney or deal with the at-fault driver’s insurance company directly. Then, when you’re trying to resolve your claim […]

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