A fatal car accident or other fatal injury ruins the lives of the surviving loved ones.  They are mourning the loss of the family member and are typically unsure of the legal process following a death.  From opening up an "Estate" to executing a Will and Last Testament, to filing a Missouri Wrongful Death Lawsuit.  The legal process is usually unfamiliar to most people put in this predicament.  Unfortunately, there are time limitations imposed by Missouri law when it comes to executing certain legal actions following a fatality.  If you don't take action within the time frame allowed, your right to file a lawsuit will be lost forever.

So what is the Missouri Wrongful Death law?  Who can file a death lawsuit?  Who can obtain compensation or a death settlement when someone else was negligent and caused the fatal injuries?  How long do I have to do this?  These are all common questions.  What is important to know, first of all, is that you only have 3 years to file a wrongful death lawsuit in Missouri.  Which is one reason why you should contact a St. Louis injury lawyer immediately after a fatal accident...even if it is solely to establish whether you have a right to the claim and which court to file the lawsuit in. 

Second, only certain family members have a legal right to participate in a wrongful death claim.  This is determined by Missouri statute 537.080.  The family members who potentially have a claim are divided into "tiers".  Tier one includes persons such as the surviving spouse, biological children, and surviving parents.  The power of each person's individual claim depends on many factors.  There are no major formulas and judges in Missouri have wide discretion when making this determination.

Third, there are limited items you can claim as damages in any Missouri death lawsuit.  These "damages" are again defined in Missouri statute 537.080.  For example, you cannot make a claim for emotional damages resulting from the loss.  I realize this sounds harsh, but Missouri courts do not want juries 'inflamed' solely based upon the grief and bereavement of the surviving family members.  Economic damages are limited to a specific set of items.  Speak to a Missouri wrongful death attorney about these forms of compensation because they are somewhat complex.

Fourth, bear in mind that it is against the law to settle any fatal lawsuit without first seeking approval from a Missouri court.  In fact, parties to a Missouri wrongful death lawsuit cannot exchange any monies or settlement without the stamp of approval from a judge.  When it comes time to seeking court approval, an evidentiary hearing is required and your death lawyer will be required to convince the court that any wrongful death settlement reached is fair and equitable under the circumstances.  In fact, you will need to prove a number of things at that hearing, including the right of each person making a claim, the amount of the settlement, whether you are agreeing to waive a jury trial, and other matters that require legal consultation, and ultimately, a wrongful death lawyer.  

If you have questions about a wrongful death claim and how to proceed with filing a claim, contact an experienced death lawyer at (866) 840-3636. 

The facts are almost always the same.  You have been seriously hurt in an accident, or on the job, and you become disabled.  The definition of "disabled" can vary from doctor to doctor, and state agency to state agency.  For example, if you severely injure your spine in a car accident, and end up having a disc fusion, disc replacement surgery, or other serious procedure, there is a chance that you will be unable to return to a work environment that was physically demanding in the past.  Even some clerical jobs that require extended periods of sitting can become too stressful on the body of an individual who has had a spine disc fusion.  Bottom line, if you are unable to return to work, you should be able to apply for social security disability income, otherwise known as SSDI. 

If only the process were that simple.  Social security disability claims are primarily handled through field offices throughout the country.  The application will complete an online application to determine eligibility.  You may have to submit health history and medical records for review.  Unfortunately for most folks, the application for disability is denied!  So what do you do next?  There is an appeals process in which you can go in front of an administrative law judge (ALJ) in one of the local field offices.  If you decide to appeal an SSDI decision to the ALJ, you will need a social security disability lawyer to represent you.  If you are not represented by an attorney, chances are very high that you will lose the appeal and your chances at SSDI are completely terminated.

When the state is reviewing your application for benefits, they will be discussing your medical condition with your treating physicians.  Inquiries will be made into 1) your medical condition 2) what caused your condition 3) how your condition interferes with your ability to live a normal life 4) the type of testing that has been accomplished thus far in your treatment, and 5) the extent of your future treatment.  The problem is that many times doctors fail to place 'real-world' limitations on patients when they are severely injured.  And even though your doctor may be of the opinion that you are fine, you may actually have serious problems doing your job and maintaining a normal everyday life.  This is where the value of a SSDI lawyer first comes into play. 

If your disability is expected to last at least one year, you should be entitled to disability income.  In the real world however, most applicants are denied.  A St. Louis social security disability lawyer will file appeal on your behalf and gather the evidence necessary to get your claim for disability income approved.  There are limited windows of time when you can file an appeal so time is of the essence.  Understand that when you do appeal, the ALJ will look at the entire application, not just the parts that were originally denied.  This can be both a blessing and a curse, especially if you don't have an attorney who is experienced in the SSDI appeals process.

There are several reasons when people who injure their neck in a car accident have such a hard time getting a fair settlement from the insurance companies.  Whiplash car crash claims are amongst the most frequent type of injury claim presented, yet claims adjusters continue to argue that they cannot be severe and disabling.  This could not be more untrue.  Impacts between vehicles are violent and cause major damage to the discs in the spine.  Bulging discs, herniated discs, and ruptured discs can result even from a crash occurring at less than 10mph.  So what do you do?  First and foremost, don't think for a second that you are going to get very far on your own.  There is a reason why lawyers get 5-10X more settlement money for a neck whiplash injury that victims that "take their chances."

Spine injury is common and can cause weeks, months, or years in pain and discomfort.  The injuries can lead to physical therapy and even surgery.  A spine disc fusion or discectomy is a real possibility when a victim can no longer live with the radicular pain, numbness of limbs, and other symptoms that come with disc abnormalities in the cervical (neck), thoracsic (middle) or lumbar (low) back.  Pain in the spine can cause major interference in all aspects of your life.  Your work can be affected.  The relationship with your significant other can be affected.  And truthfully, your overall quality of life becomes affected. 

When a spine injury accident lawyer files a claim for compensation, make sure it includes all aspects of your damages.  A common problem with the large "high volume" injury law firms is that they do not get to know all aspects in which their client has been harmed because of a car accident, trucking accident, defective product, or other incident resulting in trauma.  You need an attorney who will work with you, one-on-one, to understand how to best explain the nature of your claim to the insurance claims adjuster, judge, defense attorney, and jury.  Your chances at maximum recovery are increased dramatically when you demand personal service.  This requires experience, dedication, and patience...all things that are hard to find in this age of poor customer relations.

So how can I get the best settlement for a spine car accident lawsuit?  It all depends on what your diagnostic imaging studies reveal.  And trust me, getting the right medical treatment is just as important and hiring the best lawyer in Missouri.  Our auto accident attorneys have orthopedists, neurologists, physical therapists, and other physicians that will provide you with top notch medical care.  Seeing a chiropractor and/or a primary care doctor can be a big mistake depending on the nature of your injury.  Look at it this way:  Don't you want a specialist examining your body and making treatment recommendations?