tag:www.missouri-injurylawfirm.com,2008-08-26:/50 2010-09-02T23:39:41Z St. Louis, Missouri Injury Law Firm Movable Type Pro 4.34-en tag:www.missouri-injurylawfirm.com,2010://50.15639 2010-09-02T23:17:43Z 2010-09-02T23:39:41Z

Stephen Schultz http://www.schultzlegalgroup.com New England Journal of Medicine and the British Medical Journal recently completed studies that confirm the that driving while on the phone drastically increases the risk of getting into a serious or fatal accident.  In fact, drivers who use cell phones have a slower reaction time on the road than a drunk driver!  This data is a rude awakening for all of us that conduct business, talk to family and friends, or check email on our phones from behind the wheel of a moving car.  This danger is also only going to rise, as cell phone users rose to almost 276 million in 2009.

Take for instance the story of an investment broker who was on his phone in New York when he drove through a red light, striking a young man on a motorcycle and killing him.  In 2004, an attorney was on the phone when she hit and killed a teenage girl.  The law firm the lawyer worked for eventually paid a settlement and the attorney was disbarred.  These two careless drivers aren't necessarily 'bad people' but they did make a conscious decision to risk life and limb to talk on the phone.  Is there ANY phone call that is THAT important?  We don't think so.  And rest assured, our personal injury lawyers request cell phone records in each and every car accident case to verify who was on their phone at the time of the crash.  We even request our own client's cell phone records to make sure they were not on the phone at the time of the crash and thus partially to blame.

In situations where we discover that the other driver was using a cell phone at the time of the crash, our lawyers are taking it one step further to determine whether that phone call was anything "work-related."  If we determine that the call was work related, our lawsuit will also include the employer of the negligent driver who caused the crash.  In a claim against the employer, our lawyers will prevail if we can prove:

• The driver was in the 'course and scope' of his/her employment at the time of the crash; and
• The employer did not have a policy against using cell phones while driving a car; and
• The use of the cell phone contributed to the cause of the crash.

Many people are unaware how dangerous drivers can be when using their cell phone from behind the wheel.  How many times have you seen the guy driving down the highway, veered in and out of his lane, only to pull up beside him and see him text messaging or talking on his phone?  It happens all the time.  Unfortunately, preventable car accidents take place each day due to the decision we make to use our phone.  Think twice.  Call 866.840.3636 or 314.448.0934 for more information.


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Stephen Schultz http://www.schultzlegalgroup.com negligent driver or distracted driver, chances are high that you are in the hospital or seeking treatment from your primary care physician.  The last thing you are thinking of is locating a personal injury lawyer or car accident attorney.  However, you should locate one sooner than later so that evidence and other items of importance are not tampered with or destroyed.  Evidence collected at the crash site may prove critical in presenting a personal injury claim to an insurance company down the line.

The statute of limitations in Missouri for most personal injury claims is five years.  A statute of limitations is essentially a time frame of which you are permitted to file a personal injury lawsuit against negligent parties.  If your case has value in excess of $25,000, Missouri law allows you to file the case in a "Curcuit" court.  There are variations and exceptions to the standard statute of limitations, including but not limited to circumstances involving death, medical malpractice, and intentional acts.  This is another reason why it behooves you to locate a competent attorney at your earliest convenience following an incident involving negligence such as a car accident.

Locating a personal injury lawyer can be as easy as using the Internet, talking to a friend, or picking up the yellow pages.  There are many choices when looking into legal representation for a car accident and the search can become overwhelming.  Our advice is to ask as many questions as possible and if the situation feels 'weird', then the fit is probably not a good one.  You need to feel comfortable and confident with your lawyer.  Your lawyer should be dedicated to personal injury law and should not be a general practitioner.  Your lawyer should give his or her cell phone number to you for emergencies.  Your lawyer should pledge to update you on the status of your case on regular intervals.  If you are looking for all of these things in a personal injury lawyer, call 314.448.0934 or 866.840.3636 for more information and a free case evaluation.
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Stephen Schultz http://www.schultzlegalgroup.com car accident in St. Louis or anywhere else in Missouri is to contact local law enforcement by dialing 911.  If you car accident takes place on highway in Missouri, the 911 call will be routed to the closest EMT service and the Missouri State Highway Patrol.  Ambulance personnel and law enforcement will typically arrive within several minutes of the call.  If you car accident involves only minor damage and no serious injuries, Missouri law requires that you move off of the highway onto the shoulder, as long as this can be accomplished safely without endangering yourself and others on the road.

If the car accident takes place in a rural area in Missouri, you are still best off by calling 911.  Emergency operators will route the dispatch to the closest ambulance service and likely to a local sheriff's office.  If the car accident involves serious or life-threatening injuries, 911 operators will likely dispatch AIR EVAC or another life-flight service that can arrive at the scene quick and transport injured drivers and/or passengers to the closest level-one trauma center.  Many rural area hospital and med stops are not equipped to handle catastrophic injuries that can result from head-on car accidents in outlying areas throughout Missouri. 

If you witness a car accident, it is also recommended that you dial 911 and report the accident to authorities.  This is important for several reasons.  First, the persons injured in the crash may be incapacitated or unable to locate their phone to call for help.  Second, persons injured in car accidents sometimes find it hard to communicate due to shock or excess adrenaline in the blood supply.  Third, when you contact authorities, they will ask for your contact information in the event that you need to provide witness testimony in the future.  This can be extremely beneficial to assisting in the resolution of an injury claim or property damage claim down the line.  Often times it comes down to the testimony of independent witnesses to a car accident.
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Stephen Schultz http://www.schultzlegalgroup.com St. Louis personal injury lawyer, your chances of fair compensation are unlikely, at best, and here is why......

Insurance claims adjusters know that injury victims are not well educated on the laws in Missouri that cover medical treatment history, negligence, comparative fault, or right to monetary compensation.  Right from the very start, the claims adjuster and the car accident injury victim are on an unequal footing.  To make matters worse, the injury victim is likely still under duress from the accident itself, resulting in a situation where he or she may be willing to accept a low ball settlement offer.  Insurance adjusters use every tactic in the book, including a request for 'all of your medical records dating back to birth', obtainting a 'recorded statement', claiming 'comparative fault', and the list goes on and on.

The Missouri injury attorneys at Schultz Legal Group deal with unfair insurance claims adjusters every single day.  In fact, each and every client of the firm has one thing in common, they are all personal injury victims.  We turn the table on insurance companies and give them a dose of their own medicine.  The result is recorvery of fair compensation for each injured client.  If the adjuster continues to act in bad faith, we file a lawsuit and take the matter to the courts.  Often times our cases are settled prior to a trial, but nevertheless, the case may have to involve our court system in order to get the attention of the 'decision makers' at the negligent driver's insurance company.

Car insurance policies themselves are very difficult to interpret, even for lawyers and judges!  For this reason, an injury victim typically does not realize that numerous avenues of financial recovery that may be available to compensate for the injury.  Third-party liability, underinsured motorist coverage, uninsured motorist coverage, medical payments coverage, and other coverages can sometimes be 'stacked' by a personal injury lawyer to obtain substantial compensation for an injury.  To discuss the available avenues of financial compensation and recovery in YOUR case, call our personal injury hotline at (866) 840-3636, or (314) 448-0934 to speak with an experienced personal injury attorney immediately.  You may also email our injury lawyers for a response.
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Stephen Schultz http://www.schultzlegalgroup.com Accutane settlement drug lawyers recently obtained a $25 million dollar jury verdict against Accutane for causing inflammatory bowel disease (IBD) to a New Jersey woman.  The American College of Gastroenterology addressed the causal link between Accutane and IBD in an article published in November 2009.  Roche, the manufacturer of Accutane, first faced claims of injury in 2000.  Now, Accutane litigation is centralized in two states, Florida and New Jersey.  Roche continues to deny the link between IBD and isotretinoin, the active ingredient found in its anti-acne medication Accutane. 

In five trials between May 2007 and February 2010, juries found for Accutane injury victims and awarded verdicts of $2.6 million, $7 million, $10.6 million, $13 million, and $25 million.  Our Accutane injury lawyers are alleging that the warnings issued by Roche were insufficient and that the company knew there was a direct link between IBD and Accutane use.  One juror was recently questioned following an Accutane trial and was quoted as saying "it was all about the wording on the label....It didn't give a clear-cut explanation as to what you can get by taking this drug...that's my issue, was it properly labeled?"

Persons taking Accutane must be very careful and monitor their health closely.  This is a very strong anti-acne medication.  If you experience any symptoms associated with inflammatory bowel disease, contact an Accutane litigation attorney immediately following a consultation with your physician.  Accutane injury lawyers are available 24 hours a day to discuss your case.  Contact an Accutane lawyer by calling (866) 840-3636 and get your questions answered immediately.   
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Stephen Schultz http://www.schultzlegalgroup.com
Fortunately, the truck driver was able to keep the big rig from striking other surrounding passenger vehicles.  Had the out of control truck crashed into other vehicles, there could have been additional fatalities or serious personal injuries caused.  Typically truck accidents involve at least one other vehicle on the road, even if that is another tractor-trailer.  These big rigs can weigh in excess of 60,000 pounds, that's 30 tons!  That amount of weight is difficult to keep from bouncing off other smaller passenger vehicles or stationary objects. 

Tractor-trailer crashes in Missouri can be serious incidents of injury and death.  Our state has seen its fair share of high profile truck accidents throughout the state.  This has also lead to concerns of whether there is strict enough legislation to assure safety in the commercial trucking industry.  Distracted driving is a lead concern in that campaign, and whether truck drivers should be banned from using cell phones behind the wheel.  A recent influx of fatal rear-end truck crashes in southern and central Missouri have been the product of distracted truck driving.  It remains a heated issue amongst motorists and the commercial trucking industry.  Missouri tractor-trailer accident lawyers remain dedicated to advocacy for improved safety in the trucking industry.
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Stephen Schultz http://www.schultzlegalgroup.com
Fortunately, the truck driver was able to keep the big rig from striking other surrounding passenger vehicles.  Had the out of control truck crashed into other vehicles, there could have been additional fatalities or serious personal injuries caused.  Typically truck accidents involve at least one other vehicle on the road, even if that is another tractor-trailer.  These big rigs can weigh in excess of 60,000 pounds, that's 30 tons!  That amount of weight is difficult to keep from bouncing off other smaller passenger vehicles or stationary objects. 

Tractor-trailer crashes in Missouri can be serious incidents of injury and death.  Our state has seen its fair share of high profile truck accidents throughout the state.  This has also lead to concerns of whether there is strict enough legislation to assure safety in the commercial trucking industry.  Distracted driving is a lead concern in that campaign, and whether truck drivers should be banned from using cell phones behind the wheel.  A recent influx of fatal rear-end truck crashes in southern and central Missouri have been the product of distracted truck driving.  It remains a heated issue amongst motorists and the commercial trucking industry.  Missouri tractor-trailer accident lawyers remain dedicated to advocacy for improved safety in the trucking industry.
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Stephen Schultz http://www.schultzlegalgroup.com Accutane injury claims being made against the company.  Accutane is a prescription medication used to treat severe cases of acne.  Regulators fear that Accutane can cause serious side-effects, including Accutane birth defects, inflammatory bowel disease, suicide, and liver complications.  Accutane injury settlement claims are now being filed against Roche and compensation may be awarded to those who qualify.

Accutane birth defects can result in brain injury and eye, nose, ear, and other skin deformities that can be caused by just ONE dose of Accutane by an expectant mother.  Accutane birth defect lawyers will seek advice from medical experts and other physicians to determine if your child's birth defects were caused by Accutane toxicity.  Accutane can cause excessive Vitamin A deposits in the tissues, which can result in trauma to the liver.  Persons considering an Accutane prescription should do their homework before using this powerful drug. 

Accutane side-effect lawyers will typically file a claim against Roche on a contingency fee basis.  This means that your drug defect injury lawyer will not charge attorneys fees unless he or she wins your case and obtains compensation for your injury claim.  This allows equal opportunity to high quality legal representation, regardless of whether the victim is rich, middle class, or low-income.  Accutane lawyers will vigorously evaluate the merits of your case, and if a link exists between your use of this drug and the injuries sustained, your personal injury lawyer will seek compensation in the form of a settlement or verdict.
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Stephen Schultz http://www.schultzlegalgroup.com 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.
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Stephen Schultz http://www.schultzlegalgroup.com
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.  
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Stephen Schultz http://www.schultzlegalgroup.com
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.
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Stephen Schultz http://www.schultzlegalgroup.com 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.  ]]> tag:www.missouri-injurylawfirm.com,2010://50.14812 2010-07-14T01:23:28Z 2010-07-14T01:45:58Z

Stephen Schultz http://www.schultzlegalgroup.com 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.
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Stephen Schultz http://www.schultzlegalgroup.com
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.
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Stephen Schultz http://www.schultzlegalgroup.com 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. 


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