Medical Malpractice vs. Ordinary Personal Injury: How They Differ in Missouri

If you’re pulled over in Missouri and an officer suspects you’ve been drinking, they may ask you to perform a field sobriety test . These tests are designed to help law enforcement determine whether a driver may be under the influence of alcohol or drugs. But are you legally required to take them — and what happens if you refuse? What Are Field Sobriety Tests? Field sobriety tests are physical and mental coordination exercises administered during a traffic stop. They’re meant to help officers assess a driver’s level of impairment before deciding whether to make an arrest. The most common standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are: Horizontal Gaze Nystagmus (HGN) – following a moving object with your eyes to check for involuntary jerking associated with alcohol use. Walk-and-Turn Test – walking in a straight line heel-to-toe, turning, and walking back. One-Leg Stand Test – balancing on one foot and counting aloud. While these tests are used nationwide, they are not always accurate. Medical conditions, nervousness, fatigue, age, or even uneven pavement can cause sober drivers to perform poorly. Are You Legally Required to Take a Field Sobriety Test? In Missouri, you are not legally required to take field sobriety tests . They are voluntary, and you have the right to politely decline. Refusing to participate in these physical coordination tests does not carry an automatic penalty under state law. However, refusal may raise an officer’s suspicion and could still lead to an arrest based on other observations — such as the smell of alcohol, bloodshot eyes, or erratic driving. It’s important to understand that field sobriety tests are different from chemical tests , such as breath, blood, or urine tests. Missouri’s implied consent law applies to chemical testing, not field testing. Refusing a chemical test after a lawful arrest can result in an automatic license suspension through the Department of Revenue. What Happens If You Refuse? If you refuse a field sobriety test, the officer may rely on other evidence to establish probable cause for arrest. They may also request a breath or blood test once you’re in custody. While refusing may limit the evidence available to the prosecution, it does not guarantee that charges won’t be filed. Because each traffic stop is different, there is no one-size-fits-all answer to whether you should take the tests. The decision often depends on the circumstances, and drivers should understand the potential risks before deciding. Why Legal Guidance Is Important DWI laws in Missouri are complex, and small details can significantly affect the outcome of your case. From the legality of the initial stop to how evidence was gathered, every step must be handled correctly by law enforcement. If you’ve been arrested or charged with a DWI in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your rights and evaluate your legal options. Our team provides clear, knowledgeable guidance to help you move forward with confidence.

If you’ve been injured in an accident, one of the most important factors in your case is time . The law does not allow unlimited time to take legal action after an injury occurs. In Missouri, the period during which you can file a personal injury claim is governed by the statute of limitations . Understanding this rule — and its exceptions — can be crucial in protecting your right to pursue compensation. What Is a Statute of Limitations? A statute of limitations is a legal deadline that determines how long you have to file a lawsuit after an injury or loss. Once that time passes, you may lose the right to bring your case to court, regardless of its strength. These laws are designed to ensure fairness by encouraging timely claims and preserving the reliability of evidence and witness testimony. The General Rule in Missouri In Missouri, the statute of limitations for most personal injury cases is generally five years from the date the injury occurred. This timeline applies to many common injury types, including: Car and truck accidents Slip-and-fall injuries Dog bites or animal attacks Product-related injuries Other cases involving negligence However, there are situations where a different time limit may apply. Important Exceptions Certain types of claims have shorter or different filing deadlines: Medical malpractice : Typically, these cases need to be filed within two years of the date of the alleged negligence or discovery of the injury. Wrongful death : Missouri law generally provides a three-year filing period from the date of death. Claims involving minors : If the injured person was under 21 at the time of the accident, the clock often doesn’t start until they reach adulthood. Discovery rule : In some circumstances, the statute of limitations may begin when the injury is reasonably discovered rather than the day it occurred. Because exceptions depend on the details of each case, it’s important to verify the specific deadlines that may apply to your situation. Why Acting Quickly Matters Even though you may have several years to file a claim, waiting too long can make your case harder to prove. Over time, witnesses move away, memories fade, and physical evidence can be lost. Early action also allows your attorney to gather documentation, negotiate with insurers, and build a stronger case on your behalf. Protecting Your Rights Missing a filing deadline may permanently bar your claim. The best way to ensure your rights are protected is to speak with a knowledgeable personal injury attorney as soon as possible after an accident. If you’ve been injured in Missouri and have questions about your legal timeline or eligibility to file a claim, the attorneys at Kelly & Jansen, LLC can help. Our team can review your case, explain the laws that apply, and guide you through the process of pursuing compensation for your injuries and losses.

A car accident can happen in a split second, but the moments that follow can have lasting consequences. Knowing what to do after an accident is essential for your safety, your health, and your legal protection. Check for Injuries and Call for Help Your first priority should always be safety. Check yourself and others for injuries and call 911 immediately if anyone is hurt. Even if injuries appear minor, it’s best to be examined by medical professionals at the scene or soon after. Some conditions, like concussions or internal injuries, may not show symptoms right away. Move to Safety and Contact Law Enforcement If it’s safe to do so, move vehicles out of traffic and turn on hazard lights. Stay at the scene until police arrive. A police report is one of the most important documents you’ll need later — it provides an official account of the accident, including statements, diagrams, and initial findings on fault. Gather Evidence at the Scene While waiting for officers to arrive, collect as much evidence as possible: Take photos of all vehicles involved, license plates, and the surrounding area. Get names, phone numbers, and insurance details from the other driver. If there are witnesses, ask for their contact information. Write down your own recollection of what happened before and after the impact while it’s still fresh. This evidence can help protect your rights if disputes arise about what occurred. Seek Medical Attention Promptly Even if you feel fine, always get a medical evaluation within 24 hours of the accident. Some injuries take time to appear, and early documentation from a healthcare provider helps connect your injuries to the crash if you pursue a claim later. Notify Your Insurance Company Contact your insurance provider as soon as possible to report the accident. Be truthful and factual about what happened but avoid guessing or admitting fault. Insurance companies will conduct their own investigations, and anything said prematurely can affect your claim. Keep All Records Organized Create a folder or digital file to store every document related to the accident — police reports, repair estimates, medical bills, and correspondence with insurance companies. Staying organized helps your attorney and ensures no details are lost. Speak with an Experienced Attorney Car accidents often lead to complex insurance negotiations and unexpected medical expenses. Consulting with a personal injury attorney early can help you understand your rights, evaluate potential claims, and prevent costly mistakes. Final Thoughts A car accident can be overwhelming, but taking the right steps afterward can make a significant difference in your recovery — both physically and financially. If you’ve been injured in an accident in the Kansas City metro area, Kelly & Jansen, LLC can help you understand your legal options, communicate with insurers, and pursue fair compensation for your losses.

When you’re facing a legal issue — whether it’s a divorce, a personal injury claim, or a DWI charge — choosing the right attorney is one of the most important decisions you’ll make. While it can be tempting to hire a large out-of-town or national firm, working with a local Missouri attorney offers unique advantages that can directly impact your case. Local Knowledge Makes a Difference Every courthouse has its own way of doing things. Procedures, filing systems, and even scheduling practices can vary widely between counties and municipalities. A local attorney understands these nuances. Attorneys who regularly appear in Jackson County, Johnson County, Cass County, and surrounding Missouri courts are familiar with how cases are typically handled in each jurisdiction. They know the preferences of judges, the tendencies of local prosecutors, and the most efficient ways to navigate the local court system. This insight can help prevent procedural errors, reduce unnecessary delays, and make the process smoother from start to finish. Familiarity with Judges and Court Staff In addition to understanding the system, local attorneys often have established professional relationships with judges, clerks, and opposing counsel. This doesn’t mean favoritism — it means familiarity with how each judge approaches certain legal issues or courtroom procedures. Knowing, for example, that a particular judge expects concise arguments or prefers in-person hearings can shape how a case is presented. These subtle insights often come only from years of local experience, and they can have a real impact on efficiency and results. Community Connection and Accountability A local attorney isn’t just practicing law — they’re part of the same community you live and work in. This creates a level of accountability and investment that you may not find with larger firms that handle high volumes of cases across multiple states. Local attorneys understand the people, businesses, and dynamics of the region. They also understand the local impact of legal decisions — especially in areas like family law, where outcomes affect schools, neighborhoods, and community ties. Accessibility and Personal Attention Working with a local firm also means better accessibility. You’re not dealing with a remote call center or waiting days for a response from an attorney in another city. You can schedule meetings in person, receive prompt updates, and work directly with the lawyer who knows your case best. This personal connection builds trust and makes the legal process less intimidating — especially when emotions are high or stakes are serious. The Bottom Line When your future, family, or financial security is on the line, local knowledge matters. An attorney who understands Missouri law, local courts, and the community can offer the strategic insight and personal attention your case deserves. If you’re looking for legal guidance in family law, personal injury, or DWI defense, Kelly & Jansen, LLC provides the experience, local insight, and individualized service that make a meaningful difference for Missouri clients.

Facing a DUI or DWI charge in Missouri can be intimidating, especially if it’s your first experience in the legal system. Understanding what happens at each stage of the process can help reduce anxiety and prepare you to make informed decisions. While every case is unique, most DUI/DWI hearings in Missouri follow a general structure. Two Separate Proceedings When you’re arrested for a DWI in Missouri, you’re typically facing two separate legal processes : The Administrative Hearing – This is handled by the Missouri Department of Revenue (DOR) and deals with your driver’s license suspension or revocation . The Criminal Case – This is handled in court and determines whether you are convicted of driving while intoxicated and what penalties may apply. It’s important to note that these are independent of one another . It might be possible to lose your driving privileges through the DOR even if your criminal case is still pending. The Administrative Hearing After your arrest, you will receive a notice of suspension to request an administrative hearing. During this hearing, the officer’s evidence — such as breath or blood test results — will be reviewed to determine whether the suspension should stand. You have the right to be represented by an attorney at this hearing. While the administrative process does not decide guilt or innocence, it can significantly affect your ability to drive while your case proceeds. The Criminal Court Process The criminal process begins with your arraignment , where the charges are formally read, and you enter a plea — typically “guilty,” “not guilty,” or “no contest.” If you plead not guilty, the court will set a schedule for pretrial hearings , where your attorney can review evidence, challenge the legality of the stop or arrest, and negotiate with the prosecutor. If your case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle while intoxicated. The defense may present evidence to challenge field sobriety tests, breathalyzer accuracy, or police procedures. If convicted, penalties might include fines, jail time, probation, mandatory substance abuse treatment, and the installation of an ignition interlock device. For first-time offenders, some penalties may be suspended or reduced depending on the facts of the case. Tips for Navigating the Process Request your administrative hearing immediately. Missing the deadline can lead to automatic license suspension. Appear on time and dress appropriately for court. Professional presentation shows respect and seriousness. Follow all court orders and bond conditions. Failing to comply can make your situation worse. Avoid discussing your case publicly or on social media. Statements can be used as evidence against you. Work with an experienced DWI attorney who understands Missouri law and can guide you through both the administrative and criminal sides of the process. Final Thoughts A DUI/DWI hearing can feel overwhelming, but preparation and informed action can make a major difference. Each step — from the administrative hearing to potential trial — involves procedures and timelines that are easy to miss without proper guidance. If you’re facing a DWI charge in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand what to expect, protect your rights, and work toward the best possible outcome for your case.

Divorce and family disputes can be emotionally draining, expensive, and time-consuming. While many people think of court as the only way to resolve these issues, mediation can often provide a faster and less stressful alternative. However, mediation isn’t right for every situation. Understanding when it works — and when it doesn’t — can help you make the best decision for your family. What Is Mediation? Mediation is a process where both parties work with a neutral third party, known as a mediator , to reach an agreement outside of court. The mediator does not take sides or make decisions. Instead, they guide discussion, help clarify issues, and assist the parties in finding common ground. In Missouri, mediation is commonly used in divorce, child custody, and parenting plan disputes . Some courts encourage or require couples to attempt mediation before proceeding to trial, as it often leads to more amicable resolutions. When Mediation Makes Sense Mediation can be a powerful tool when both parties are willing to communicate and negotiate in good faith. It tends to work best when: Both individuals want to avoid a lengthy court battle. Mediation can save significant time and expense compared to traditional litigation. Communication is still possible. Even if you don’t agree on everything, the ability to speak respectfully makes progress more likely. You want more control over the outcome. In mediation, you and your spouse make the decisions — not a judge. Children are involved. Mediation can reduce conflict and create a more cooperative co-parenting environment. When mediation succeeds, it often produces more durable agreements because both parties had input in crafting them. When Mediation Might Not Work Mediation isn’t effective or appropriate in every situation. You may want to consider going straight to court if: There is a history of domestic violence or intimidation. Power imbalances can make fair negotiation impossible. One party refuses to provide full financial disclosure or hides assets. There’s no genuine intent to compromise. If one spouse is only participating to delay proceedings, mediation can waste time and money. The issues are legally complex or involve significant property, businesses, or contested custody matters that require judicial intervention. In these cases, litigation may be necessary to protect your rights and ensure an enforceable resolution. Striking the Right Balance Mediation is not about “winning” or “losing.” It’s about finding practical solutions that allow both parties to move forward. Even if it doesn’t resolve every issue, it can narrow points of disagreement and make the court process smoother and less adversarial. Moving Forward Whether you’re considering mediation or preparing for litigation, experienced legal guidance can help you understand your options and protect your interests. The family law attorneys at Kelly & Jansen, LLC help clients across Missouri navigate divorce, custody, and other family law disputes with compassion and strategy. If you’re unsure whether mediation is right for your situation, our team can provide honest guidance tailored to your goals and circumstances.

Divorce can be emotionally challenging, but it also has serious financial consequences. From dividing property to uncovering hidden assets, protecting your financial future requires careful planning and a clear understanding of Missouri’s divorce laws. Whether you’re preparing for divorce or already in the process, knowing how to safeguard your finances is essential. Understanding Prenuptial and Postnuptial Agreements A prenuptial agreement (often called a “prenup”) is a written contract signed before marriage that defines how assets and debts will be handled if the marriage ends. Missouri courts will generally uphold a prenuptial agreement as long as it was entered into voluntarily, is fair, and both parties fully disclosed their finances at the time it was signed. Even if you didn’t sign a prenup, it’s possible to create a postnuptial agreement after marriage. This type of agreement works similarly, outlining how property should be divided and what financial obligations exist if the marriage dissolves. Having a valid agreement in place can simplify the divorce process and protect both parties from future disputes. How Missouri Handles Property Division Missouri is an equitable distribution state , which means property is divided fairly — not necessarily equally. The court considers many factors, including: The economic circumstances of each spouse. The contributions each person made to the marriage, both financial and non-financial. The value of separate property , such as inheritances or assets owned before marriage. Misconduct that affected the couple’s financial situation. Marital property typically includes income, real estate, investments, and retirement accounts acquired during the marriage. Separate property, on the other hand, generally refers to assets owned before marriage or received as gifts or inheritances. Identifying Hidden Assets Unfortunately, not every spouse is transparent during a divorce. It’s not uncommon for one party to attempt to hide assets to avoid fair division. This might include transferring money to another account, undervaluing a business, or delaying bonuses or commissions. If you suspect hidden assets, your attorney can request financial disclosures , issue subpoenas, or work with forensic accountants to locate missing funds or property. Missouri courts take these issues seriously, and failing to disclose assets may lead to penalties or an unfavorable division of property. Protecting Your Financial Future A divorce can reshape your financial landscape, but there are steps you can take to stay in control: Gather bank statements, tax returns, and account records early. Avoid making major financial decisions without legal guidance. Keep emotions out of financial negotiations as much as possible. Final Thoughts Divorce doesn’t just end a marriage — it may set the foundation for your financial future. Understanding your rights and taking proactive steps can help you protect what matters most. If you’re facing divorce in Missouri and want to ensure your finances are secure, the attorneys at Kelly & Jansen, LLC can provide clarity, strategy, and guidance through every step of the process.

Family relationships can become complicated when parents separate, divorce, or face difficult circumstances. In some cases, grandparents find themselves cut off from their grandchildren and wondering what legal rights they have. Missouri law does recognize grandparent rights , but those rights are limited and must meet specific legal conditions. When Grandparents Can Request Visitation In Missouri, grandparents can ask the court for visitation rights under certain circumstances. These include: When one parent has passed away . When the child has lived with the grandparent for at least six months within the past two years. When the grandparent has been unreasonably denied contact with the grandchild for 90 days or more. In each of these situations, the court will only grant visitation if it finds that doing so is in the best interests of the child and does not interfere with the parent-child relationship. Missouri courts presume that a fit parent acts in the best interest of their child, so the burden is on the grandparent to show that visitation benefits the child.  How Courts Decide When reviewing a request, judges consider several factors, such as: The existing relationship between the grandparent and the grandchild. The reasons for the denial of contact. The emotional, physical, and developmental needs of the child. The wishes of the parents , if they are fit and active in the child’s life. Courts often encourage families to reach voluntary agreements before resorting to litigation, as ongoing conflict can be stressful for children. However, when parents and grandparents cannot reach common ground, a formal court order may be the only solution. Can Grandparents Seek Custody? While visitation focuses on maintaining a relationship, custody is different and much more difficult to obtain. In most cases, Missouri courts only consider granting custody to a grandparent when both parents are unfit , deceased , or unable to care for the child . The court’s primary concern is always the child’s welfare and stability. Grandparents seeking custody must demonstrate that living with them would serve the child’s best interests better than remaining with either parent. This often requires substantial evidence, including testimony, records, and sometimes professional evaluations. The Bottom Line Missouri recognizes the valuable role grandparents play in children’s lives, but legal rights are not automatic. Gaining visitation or custody requires meeting strict criteria and proving that the arrangement supports the child’s best interests. If you’re a grandparent who has been denied access to your grandchild or you’re considering petitioning for custody, the attorneys at Kelly & Jansen, LLC can help you understand your legal options. Our team can guide you through the process, explain your rights under Missouri law, and help you take appropriate steps toward preserving your relationship with your grandchild.

Being injured by a drunk driver is one of the most devastating experiences a person can face. Beyond the physical harm, there’s often emotional distress, medical bills, and the frustration of knowing the crash could have been prevented. Understanding your legal rights and the insurance process can help you make informed decisions in the days and weeks following the accident. Step 1: Get Medical Attention and Call Law Enforcement Your health comes first. Always seek immediate medical care, even if you believe your injuries are minor. Some injuries, such as concussions or internal trauma, may not be obvious right away. When the police arrive, ensure that a report is filed. That report will serve as a key piece of evidence later, especially if the other driver is charged with driving under the influence. Step 2: Gather Evidence If you are able, collect as much information as possible at the scene. Take photographs of the vehicles, road conditions, traffic lights, and any visible injuries. Get contact information from witnesses, and write down details about what happened while it’s still fresh in your mind. If you’re too injured to do so, ask someone you trust to gather this information for you. Step 3: Notify Your Insurance Company Even if the other driver is clearly at fault, you should still contact your own insurance company promptly. Your policy may include medical payments coverage or uninsured/underinsured motorist coverage , which can help cover expenses while the claim is investigated. Be honest but cautious when speaking with insurance adjusters. Avoid admitting fault or speculating about what happened. Step 4: Understand Your Legal Options Drunk driving accidents often involve both criminal and civil cases. The criminal case focuses on punishing the drunk driver, while the civil case is where victims can seek financial recovery for damages such as: Medical expenses and rehabilitation Lost wages and reduced earning capacity Pain and suffering Property damage In some cases, punitive damages may also be available if the driver’s actions were especially reckless. These are designed to punish the offender and discourage similar behavior in the future. Step 5: Be Aware of Insurance Complications Drunk driving claims can become complicated when multiple insurance companies are involved. The at-fault driver’s insurance may deny coverage if the driver violated the policy terms, such as driving under the influence. When this happens, your own underinsured or uninsured motorist coverage may become critical. A personal injury attorney can help navigate these coverage issues and ensure that all potential sources of compensation are explored. Taking Action Recovering from a drunk driving accident is difficult, but you don’t have to face it alone. Legal guidance can help protect your rights, deal with insurance companies, and pursue fair compensation for your injuries and losses. If you or someone you love has been injured by a drunk driver in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your options and take the next steps toward recovery. Our team is committed to helping victims seek justice and rebuild their lives after serious accidents.