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Brian Scott Franciskato

Brian Franciskato’s Answers

13 total


  • Is an attorney required to submit a claim of wrongful death against a hospital?

    My dad was told that an individual, without an attorney, could file a wrongful death claim directly with the hospital and possibly receive $250,000. No attorney, no lawsuit, etc. Is this valid? I have spent hours trying to find any reference to th...

    Brian’s Answer

    I agree with Mr. Farris. I don't think a hospital would make a fair settlement offer in a wrongful death case without an attorney being involved. Also, pursuant to Missouri law, all settlements for wrongful death claims must be approved by the Court. More likely than not, this case would require representation from legal counsel.

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  • What is a fair settlement amount?

    My 3 week old daughter and myself were involved in a car accident.. The at fault driver of the other car ran a red light. She was arrested and is being charged with 2 counts of 2nd degree asault. She had overdosed on controlled substances. (antide...

    Brian’s Answer

    This does not sound like a fair settlement, based upon the injuries you have described. I suggest contacting an experienced personal injury attorney immediately. If you would like to discuss your case in greater detail, you can contact me toll free at 877-284-6600.

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  • I was driving down the road and a car was pulled off the side of the road. i went to drive by the vehicle and the car decided to

    do a uturn at that moment. i then tried to drive off the road to avoid the vehicle hitting me. cop cited that the guy was responsible for me going into the ditch and messing up my new truck. the other driver also left the scene without exchanging ...

    Brian’s Answer

    The insurance company should take care of this. I practice law in Kansas City and am happy to help you.

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  • Car wreck

    i had no insurance. was in wreck. Other persons fault. Are they still liable.

    Brian’s Answer

    Yes. You can make a claim for your injuries regardless if you have insurance or not. If you would like to discuss further, please do not hesitate to contact me.

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  • What is my claim worth

    left shoulder impingment massive bursitis and the doctor thinks there is a pinched nevre the other persons insurance took 100 percent liability 18000 in med bills so far 6800 in lost wages he wants to do surgery but I declined ive lost strength an...

    Brian’s Answer

    Sorry to hear about your situation. You have 5 years from the dater of your accident to file a lawsuit in Missouri. Based on the information you have provided, you appear to have a significant claim for economic loss, including medical bills, future medical bills, and lost wages. YOu can also make a claim for your pain and suffering. You should contact an experienced personal injury attorney immediately. If you do not have an attorney in your area, I am happy to discuss your case with you.

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  • I was hit by a truck in 2011 and shattered my femur bone.

    The insurance company has offered me a settlement. I dont know how they came up with the amount. I need help in dealing with them at this point. I was just wondering if I could still get an lawyer i still have unpaid doctor bills that I feel they ...

    Brian’s Answer

    You definitely need to talk with an experienced attorney who handles trucking litigation. THere are numerous special rules and regulations that apply to truck drivers. OUr office handles trucking litigation throughout the country and I am happy to discuss your case with you.

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  • My 8 yr old daughter went to this parents night out at a gymnastics center that her friend goes to . Basically you pay them $12

    for them to watch your child for about four hours . Well her friends dad picked her up and dropped them . My daughter has never been in gymnastics so she is not experienced at all with the equipment in gyms and you are not required to be enrolle...

    Brian’s Answer

    YOu could have a claim for negligent supervision based on failure to watch, failure to supervise, failure to spot, failure to instruct or possibly lack of adequate staffing and /or lack of training of staff. You could also have a claim for negligence in the design, layout and set up of the gym. You will want to make sure to obtain pictures of the premises, if possible to be able to prove how it was arranged at the time and to show the thin pad with the hard board. You should contact an attorney immediately to assist you in this claim.

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  • I was injured when police car ran a red light during a chase and hit and totaled my car.

    They have excepted fault for accident, but as yet have not heard from them. I am disturbed by the speed and actions of the officer at a very busy intersection. He did not slow so as to avoid hitting me. He had the red light, I had the green, never...

    Brian’s Answer

    Spencer Farris and James Roswold have excellent advice for you. I will add that there may be shortened time deadlines which require you to act when pursuing a claim against a municipality. I would encourage you to contact an attorney in Kansas City immediately. Our office has handled cases against the Kansas CIty and Independence police departments. OUr past experience is they will initially deny responsibility or dispute the extent of your injuries.

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  • Can i sue the makers of the MirenaIUD for not completely warning its adverse side effects when used with certain medication ?

    I have AntiPhospholipid Syndrome and i am not able to take regular forms of birth control because of blood clots . I have to take a blood thinner and the doctors at the time thought that it would be good for me to get It . After getting the devi...

    Brian’s Answer

    I am not sure the symptoms you are describing are related to the IUD. As indicated by others, there have been numerous lawsuits filed, but regarding different issues. Our law firm handles claims for defective medical devices and would be happy to investigate this matter for you.

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  • How do you get a better settlement from an auto accident?

    My dad and his girlfriend were in a car wreck and they are in Branson missouri the Attorney that handeled the settlement told them one thing and did something completely different. I was there and they were told they would get $300,000 each and n...

    Brian’s Answer

    Without knowing more details, it is difficult to completely answer your question. It is possible that the maximum insurance available is $50,000 and the other driver doesn't have any other means to pay for the additional damages. One question to find out, is if your father or his girlfriend had any under-insured coverage (UIM). This is additional insurance that could apply if the other driver only has the state required minimum.
    I have written an article on this site that discusses the various types of insurance coverage.
    Long story short, I your father and girlfriend get the final decision as to whether they settle their case or not. If their medical bills are over $50,000, they should ask their attorney for an explanation as to why there is only $50,000 available .
    Feel free to contact me directly if you have any more questions.

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