Insurance companies play a numbers game on each personal injury claim that is presented to a claims adjuster.  The first gamble is whether the injury victim will hire a St. Louis personal injury lawyer to represent the victim against the negligent party and his/her insurance company.  Most victims feel they have the bargaining power to deal with an insurance claims adjuster without legal representation.  Even the most highly-educated victims will fight a losing battle when they chose to proceed without legal assistance.  Insurance claims adjuster are highly trained at negotiation and are always in a powerful bargaining position compared to a car accident injury victim.  The injured party is vulnerable due to the physical, emotional, and financial stress of a serious car accident or other injury-producing incident.  Statistics prove that accident victims obtain 3X-5X the compensation for a personal injury claim when a lawyer is retained.

Another gamble that insurance companies will play is when an injury lawyer presents a settlement demand package.  The gamble is when the claims adjuster decides not to pay the compensation demanded by the personal injury lawyer, or denying the claim all together.  When an adjuster rejects a lawyer's settlement demands, a lawsuit is typically filed against the negligent party.  The insurance company is then forced into litigation and to defend and indemnify their insured.  If the insurance company had no reasonable basis to deny the settlement demand for compensation made by the injury lawyer, the insurance company may have committed "insurance bad faith."  To learn more about bad faith litigation, visit the Schultz Legal Group injury victim information website.

Some of the best Missouri personal injury lawyers are located in St. Louis.  When searching for a lawyer make sure that he or she is focused solely on personal injury law.  Lawyers who practice family law or criminal law, for example, are probably not the best choice for your personal injury claim.  It is critical to locate a lawyer who is focused on one area of litigation.  This ensures that your injury claim will be handled by an attorney who is experienced in injury settlement negotiations and jury trials.  You only get one chance to obtain fair compensation for a personal injury claim....make that one shot count by hiring the best.
 

St. Louis personal injury lawyer Stephen Schultz was recently featured in the Jere Beasley Report, a respected nationwide legal periodical published by the respected Alabama law firm of Beasley Allen.  Stephen Schultz recently resolved a St. Louis dram shop liability claim involving an off-duty Sunset Hills police officer and local restaurant.  The terms of the settlement are confidential, although court documents were examined by local media outlets and the story was highly-publicized by the St. Louis Post Dispatch.

St. Louis personal injury lawyers often struggle with dram shop liability claims.  These types of cases are complicated and involve a vague Missouri statute, specifically Mo. Rev. Stat. 537.053.  The statute outlines the elements and burden of proof necessary for plaintiff's to prevail in a dram shop claim against an establishment that serves intoxicating liquor for consumption on its premises.  Whether or not a patron is 'visibly intoxicated' as described in the statute, presents a question of fact for the jury to decide.  Expert testimony from toxicologists and pharmacologists can offer the jury guidance as to what level of blood alcohol content (BAC) coincides with visible intoxication.  Witness testimony from other persons at the table, employees, and other customers can also shed light on the defendant's speech, gait, behavior, and appearance at the time of alcohol service and consumption.

The limit for blood alcohol while driving in the state of Missouri is .08%.  A restaurant or bar would be hard-pressed to pick up on 'visible intoxication' at this level, or even in the range of .08-.13%.  However, as a customer approaches a .15% BAC, there will be obvious signs of intoxication.  Bartenders and servers should be properly trained to pick up changes in a customer's behavior.  Common sense also comes into play here.  If a 130 pound woman drinks 5-12oz beers in a couple of hours, even with food, that person will be well over the legal BAC level.  At that point, the server or bartender should step in and cut off service, even ask the customer if he/she needs a taxi summoned to the establishment.

If you have think you may have a St. Louis dram shop liability claim, contact the experienced lawyers at Schultz & Myers by calling (314) 448-0934, or toll-free at (866) 840-3636 for a free consultation.  

Missouri car accidents are traumatic incidents that typically result in both emotional and physical damages.  Following a serious car accident in Missouri, a personal injury victim has up to five (5) years to file a personal injury claim.  Claims for compensation are filed with the responsible party's insurance company.  A Missouri car accident lawyer or Missouri personal injury attorney will typically file a settlement demand with the defendant's insurance company in an effort to resolve the case without the need for litigation.  If the claim cannot be settled, a lawsuit will be filed in the jurisdiction where the crash took place due to Missouri's venue laws. 

If a lawsuit is filed, a plaintiff still has the opportunity to settle his or her case prior to trial.  There are many opportunities to settle a personal injury claim and statistically, over 95% of all injury lawsuits are resolved prior to a trial.  As a Missouri car accident lawyer, we are only able to settle a case with the express authority of the client.  One of our jobs as a lawyer is to advocate for fair compensation for all personal injury claims.  A settlement is fair if it accounts for both economic damages (medical bills, lost wages, prescription costs, etc) and non-economic damages (pain & suffering, emotional pain).  There is no magic formula to determine what constitutes a fair personal injury settlement.  Claims must always be valued on an individual case by case basis.

When determining what is fair compensation for your car accident personal injury claim, factors such as venue, property damage, comparative fault, crash scene dynamics, and other aspects must be carefully weighed.  The amount of your medical bills is never a determining factor of the amount of compensation that should be demanded from an insurance company claims adjuster.  Many attorneys overlook subtle aspects of a case that can actually play a heavy factor on what a jury would really award if the case were to go to trial.  It is important to discuss ALL aspects of your case with a qualified Missouri personal injury lawyer who has experience in court and mediation.  Our lawyers are recognized as a Top 100 trial lawyers by the American Trial Lawyers Association and are members of the elite Multi-Million Dollar Advocates Forum.  Because we are respected by defense attorneys and insurance companies, our St. Louis personal injury lawyers are able to obtain substantial compensation for our client's personal injury claims.

As a St. Louis Personal Injury Lawyer, we present injury claims to insurance companies on a daily basis.  Many of them involve the following types of incidents:

• St. Louis car accident injury claims
• St. Louis tractor-trailer accident injury claims
• St. Louis motorcycle accident injury claims
• St. Louis pedestrian injury claims
• St. Louis brain injury claims
• St. Louis spine injury claims
• St. Louis construction accident injury claims
• St. Louis dram shop claims
• St. Louis products liability claims

Anytime our lawyers present a serious injury claim to an insurance company, the claims adjuster makes a decision whether to pay or deny the claim.  In situations where an insurance adjuster improperly or hastily denies a claim, an insurance bad faith claim may become viable down the line.  I say down the line because a bad faith claim will only accrue (become viable) upon a jury verdict.  When a plaintiff in a personal injury lawsuit obtains a jury verdict in his or her favor, and if the insurance claims adjuster had previously denied that claim, the defendant may have a bad faith claim against his own insurance company for failing to pay the claim when it could have, thus exposing the defendant to an excess verdict. 

When an injury victim obtains a verdict in excess of the defendant's policy limits of insurance, the defendant's personal assets then become available to the plaintiff for sale and satisfaction of that excess verdict.  A string of Missouri cases deal specifically with insurance bad faith law and direct insurance companies to be very careful when evaluating the merits of a personal injury claim. Ganaway v. Shelter Mutual Ins., 795 S.W.2d 544 (Mo. App. 1990); Craig v. Iowa Kemper Ins. Co, 565 S.W.2d 716, 711 (Mo. App. W.D. 1978); Grewell v. State Farm Mut. Auto. Ins., 162 S.W.3d 503, 409 (Mo. App. W.D. 2005); Freeman v. Leader Nat'l Ins. Co., 58 S.W.3d 590, 598 (Mo. App. E.D. 2001); and Zumwalt v. Utilities Insurance Co., 228 S.W.2d 750 753-56 (Mo. 1950).

Insurance companies are constantly denying meritorious St. Louis personal injury claims and they must be held accountable for their actions.  Contact a St. Louis personal injury lawyer at Schultz & Myers to find out if the insurance claims adjuster in your case is acting in bad faith. 

Our Missouri Personal Injury Lawyers have the unfortunate task of encountering fatal car accident wrongful death claims on a regular basis.  The situation is particularly traumatic for family members and understanding Missouri's wrongful death statute can be confusing.  Because in Missouri, only certain surviving family members are permitted to file a Missouri death claim on behalf of a person fatally injured in a car accident.  Those persons are broken up into three (3) classes, with surviving spouses and children getting first opportunity at filing any wrongful death claim.  Even the forms and type of compensation permitted in a fatal car accident wrongful death claim is limited in Missouri.

Wrongful death claims and wrongful death settlements for compensation must be approved in a Missouri court.  A Judge will hear evidence put on by all persons with a claim filed on behalf of a fatal car accident victim.  The Judge will make sure that all classes of persons have notice of a potential claim and right to recovery before he or she will approve any settlement proposed by the parties.  Occasionally an insurance claims adjuster will attempt to propose a wrongful death settlement disbursement to surviving family members.  It becomes critical to immediately discuss your options with a Missouri personal injury lawyer before accepting any proposed wrongful death settlement.  In certain situations there may be excess liability insurance or an umbrella policy that will provide extra compensation to surviving wrongful death claimants.  Insurance companies rarely, if ever, volunteer this excess coverage as applicable.

Typically a wrongful death claim is filed in the jurisdiction and venue in which the Missouri fatal car accident took place.  Most judges require the attendance of ALL claimants at a settlement approval hearing, although some judges will accept sworn affidavits in lieu of live testimony if attendance would cause undue hardship.  Wrongful death claimants who live out of the state of Missouri may sometimes use these affidavits in place of traveling to court in Missouri.

A Missouri wrongful death attorney at Schultz & Myers is available to discuss your case and concerns at (314) 448-0934, or toll-free at (866) 840-3636.

Car accidents happen everyone in and around the city of St. Louis Missouri.  Some of these car accidents are more severe than others, resulting in personal injuries to drivers and passengers.  Victims are transported to level 1 trauma centers such as Barnes Jewish or St. Johns Mercy Medical Center for treatment for their injuries.  For those accidents that take place in rural areas around St. Louis, Air Evac or Arch Air may be dispatched to the scene of the crash to airlift injury victims to the quality hospitals located in the city.  A typical admission into one of these hospitals will cost $5,000-$10,000 depending upon the level of diagnostic treatment ordered by emergency room physicians.  X-rays, MRI, and CAT Scans are some of the most frequently ordered procedures when a car accident injury victim arrives in the emergency room.

St. Louis car accident injury claims for compensation can occasionally be settled with the insurance company by a St. Louis personal injury lawyer.  For those car accident injury cases that cannot be settled for fair compensation by an injury lawyer, a lawsuit can be filed against the negligent driver and his/her car insurance company.  Missouri venue laws require a Missouri personal injury lawyer to file a car accident lawsuit in the jurisdiction in which the crash took place.  So car accidents in St. Louis City must be filed in the Circuit Court of the City of St. Louis.  Car accidents in St. Charles County would be filed in the Circuit Court of St. Charles County, and so on. 

St. Louis car accident claims for compensation can include several theories of negligence and prayer for several forms of financial recovery, including compensation for lost wages, past and future medical bills, pain & suffering, and emotional damages.  A Missouri personal injury lawyer can offer advice as to what forms of recovery apply to each type of injury case and the overall value of the claim. 

Have you been injured in a car accident in the St. Louis area?  Don't attempt to negotiate any settlement with an insurance company without first consulting with a personal injury lawyer at Schultz & Myers LLC.  Never sign a medical record release authorization or submit to a recorded statement.  Doing so will expose yourself to the games that insurance company claims adjusters play with personal injury victims.  Call the Schultz & Myers car accident injury victim hotline at (314) 448-0934 or toll-free at (866) 840-3636.

The Missouri Truck Accident Lawyers at Schultz & Myers Law Firm are investigating a Phelps County tractor-trailer accident which seriously injured a woman from Washington.  The Phelps County truck crash took place on Monday, July 5, amidst heavy holiday traffic.  The collision involved two separate tractor-trailer big rigs and caused traffic delays while crews and emergency personnel cleaned up the mess.  21 year-old Kaycie Brueggemann was seriously injured in the crash and was rushed to a nearby hospital for emergency treatment.  Brueggemann is a resident of Washington.

Tractor-trailer accidents are much more complicated than small passenger vehicle accidents due to the equipment involved and the laws that will apply to the case.  Both federal and state law are implicated any time there is a commercial motor vehicle 18-wheeler accident in the state of Missouri.  The lawyers at Schultz & Myers are focused on tractor-trailer accident injury litigation and have represented clients located throughout Missouri and the U.S.  Victims of big rig accidents are usually severely injured and have medical bills in excess of several hundred thousand dollars.  Compensation for an injury claim involving substantial economic damages can only be accomplished by use of industry experts and an aggressive legal team.  Experts in the fields of accident reconstruction, Federal Motor Carrier Safety Regulations, medicine, pain management, economics, and life-care planning are critical in order to obtain fair compensation for any truck accident injury claim.

Contact the Missouri truck accident injury lawyers at Schultz & Myers to discuss how to preserve a truck accident claim.  Crucial steps must be taken almost immediately after the truck crash in order to preserve evidence and avoid foul play.  Commercial trucking companies and their insurance companies will be working hard immediately following any Missouri tractor-trailer accident to minimize financial exposure.  Without the assistance of an experienced truck accident lawyer, a victim's chances at prevailing against these defendants are minimal.