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Frequently Asked Questions · Bur Oak Legal

Questions clients
ask us most

We handle workers' compensation, personal injury, and criminal defense cases across central Missouri. These are the questions we hear most often — answered plainly. If your question isn't here, call us at (573) 499-0200. The consultation is free and there's no obligation.

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Licensed in Missouri since 2012
Workers' compensation

Workers' compensation questions

Missouri workers' comp is a no-fault system — you don't have to prove your employer was negligent to collect benefits. But the process is complicated, and insurers have every incentive to minimize what they pay. These answers give you a starting point. Every situation is different; call us to talk through yours.

Personal injury ↓ Criminal Defense ↓
Notify your employer as soon as possible — Missouri law requires you to report your injury within 30 days. Seek medical treatment and document what happened and who witnessed it. Then contact a workers' compensation attorney before giving recorded statements to an insurance adjuster, as those statements can be used to undervalue or deny your claim.
In Missouri, you generally have two years from the date of injury — or from the date you last received benefits, whichever is later — to file a workers' compensation claim. Some occupational diseases have different deadlines. Missing this deadline typically means losing your right to benefits entirely, so contact an attorney early.
Missouri workers' compensation covers medical treatment related to your work injury, temporary total disability (TTD) benefits while you are unable to work, and permanent partial or total disability benefits once you reach maximum medical improvement. It may also cover vocational rehabilitation if you cannot return to your former job. The insurance company controls authorized medical care — an attorney can help you navigate disputes over treatment and benefit amounts.
No. Missouri law prohibits employer retaliation against workers who file or attempt to file a workers' compensation claim. If you are fired, demoted, or otherwise punished for reporting a work injury or pursuing your legal rights, you may have an additional claim for retaliatory discharge. These cases can result in significant additional compensation beyond your workers' comp benefits.
You are not required to have an attorney, but having one typically results in better outcomes. Insurance companies employ adjusters and attorneys who work to limit what they pay. An experienced workers' comp attorney understands the system, knows how claims are valued, and can identify when benefits are being wrongly denied or undervalued. At Bur Oak Legal, we work on a contingency — no fee unless we win. Learn more on our workers' compensation page.
Personal injury

Personal injury questions

Car accidents, trucking crashes, and hit-and-runs raise a common set of insurance questions — especially around uninsured and underinsured motorist coverage. These are the ones we hear most often from clients across central Missouri.

Workers' comp ↑ Criminal Defense ↓
Uninsured motorist coverage pays for your injuries when the driver who caused your accident has no liability insurance. In Missouri, all auto insurance policies must offer UM coverage. If you're hit by an uninsured driver, UM coverage steps in to cover medical bills, lost wages, and other damages you would have recovered from the at-fault driver.
Underinsured motorist coverage applies when the driver who caused your accident has insurance, but their policy limits are not enough to cover your full damages. UIM coverage bridges the gap between the at-fault driver's policy and the full value of your claim, up to your own policy limits. This coverage matters most when you have serious injuries and the at-fault driver only carries minimum liability.
Missouri requires insurers to offer uninsured motorist coverage on every auto policy, and it is included by default unless you specifically reject it in writing. The minimum required is $25,000 per person / $50,000 per accident. If you were in a crash caused by an uninsured driver, review your own policy — you may have coverage you are not aware of.
Missouri requires insurers to offer UIM coverage, but drivers can reject it in writing. If you did not opt out, you likely have it. UIM coverage is particularly important for serious injuries, where medical bills and lost wages can exceed what a minimally insured driver can pay. An attorney can review your policy and advise whether UIM applies to your situation.
Yes, but collecting a judgment against an uninsured driver is often difficult — if they had no insurance, they typically have limited assets. Your own uninsured motorist (UM) coverage is usually a more practical avenue for recovery. An attorney can help you evaluate whether pursuing both your UM claim and a civil lawsuit is the right approach given the facts of your case.
After a hit-and-run, call 911 and document everything: photos of the scene, your vehicle damage, any witnesses, and the time and location. File a police report immediately — it creates an official record necessary for any insurance claim. Then contact an attorney before speaking with your insurance company. Your uninsured motorist coverage may apply to hit-and-run accidents in Missouri, even when the other driver cannot be identified. Learn more on our personal injury page.
Criminal Defense

Criminal Defense questions

A criminal charge — misdemeanor or felony — can affect your job, housing, professional license, and freedom. These questions cover what you need to know if you or someone you know has been arrested or charged in Missouri.

Workers' comp ↑ Personal injury ↑
If you are arrested in Missouri, you have the right to remain silent and the right to an attorney. Do not answer questions from law enforcement officers beyond providing your name. Ask for a lawyer immediately and do not speak with police or prosecutors until you have legal counsel present. Anything you say can and will be used against you in court.
No. You should not answer substantive questions from police without a criminal defense attorney present, even if you believe you have done nothing wrong. Law enforcement officers are trained to conduct investigations in ways that can produce statements harmful to your case. Politely invoke your right to counsel and wait for your attorney before speaking.
In Missouri, misdemeanors are less serious criminal charges carrying a potential sentence of up to one year in a county jail. Felonies are more serious and can result in sentences of more than one year in state prison. Both types of criminal charges can affect employment, housing, and professional licenses — so both deserve a serious defense.
Yes. Under Missouri's expungement law (Section 610.140 RSMo), certain felony convictions are eligible for expungement after a waiting period, provided the person has not committed additional offenses. Not all felonies qualify — violent crimes, sex offenses, and certain other charges are excluded. An attorney can review your record and advise whether you are eligible.
In Missouri, DWI (Driving While Intoxicated) is the primary charge for operating a vehicle while impaired by alcohol or drugs. DUI is an older term that is less commonly used in Missouri courts today. Under Chapter 577 RSMo, a first-offense DWI is typically a Class B misdemeanor, but repeat offenses or aggravating factors can elevate it to a felony with serious consequences including prison time and permanent license revocation.
Criminal Defense fees in Columbia, MO depend on the complexity and severity of the charges. At Bur Oak Legal, your initial consultation is always free and there is no obligation. We discuss fees honestly after reviewing your situation so you know exactly what representation will look like before making any decisions. Call (573) 499-0200 to get started. Learn more on our criminal defense page.
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