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The most common injury caused by a car accident is a neck pain. Since rear-end car accidents top the list of vehicular impact types, the neck and spine are usually what is injured. However a close second to spine trauma is injury to the knees. Even when you are wearing a seatbelt, your knees can impact other parts of the interior of the car, causing deep bruising, or what physicians like to call "hematoma." In addition to deep bruising and laceration, the soft-tissues of the knee can be strained and even torn. Ligaments and meniscus of the knee can be damaged, requiring surgery. Along with any other type of surgery, this can present certain dangers to the victim of the car crash. The anatomy of the knee is fairly basic. There is a lateral and medial meniscus that acts as a cushion between the bones of the knee. The lateral and medial ligaments work like rubber bands on each side of the knee that connect the upper and lower leg bones and permit us to bend and stoop. The patella, or knee cap, is front and center and can be broken if it hits the dashboard of an automobile during a collision. The articular cartilage is just behind the knee cap and consists of the soft tissues that wrap around the front of the knee. Our knees are not designed to take on the blunt force trauma caused in a car crash. Often times victims of a knee injury will report that the knee feels "weird" in the days following the collision. Our lawyers have heard clients say that the knee felt bruised at the scene, but that they didn't think a whole lot about it. Certainly it wasn't fractured, but something was definitely "off." Clients often report the knee "giving out" after long walks or after standing for an extended period of time. People who have injured their knee in a car accident need to have two types of diagnostic imaging done to determine what, if any, real damage was caused to the knee in the crash. First, get an x-ray to determine if there are any fractures in the knee. Second, get an MRI of the knee to find out where the soft-tissues (ligaments, meniscus, cartilage) of the knee has been damaged. The structure itself may still be intact, but that doesn't mean you haven't sustained a serious knee injury. If you believe you have injured your knees in a car accident or motorcycle accident, seek medical attention immediately and demand the diagnostic imaging we discussed earlier in this article. Then contact a car accident knee lawyer to discuss how to handle your case against the at-fault party and their car insurance company. Demanding a fair settlement for a knee injury is complex, especially when the claim is for a soft-tissue knee injury. Those types of claims are aggressively defended by car insurance companies. Schultz Legal Group was founded by Stephen Schultz, and well-respected injury attorney with law offices in Missouri, Illinois, and Arkansas. Schultz is an AV-Preeminent Rated attorney and member of several exclusive organizations that are reserved for the top 1% of trial lawyers in the country. His law firm exclusively handles injury claims for persons injury in auto accidents are who are looking to obtain fair compensation and justice for their injuries.
Car accidents cause damage both to people and property. The property can be repaired or replaced fairly simply. However, damage to people, even if minor, can take a lifetime to heal. Unfortunately many injuries caused in an automobile collision cause permanent, irreparable harm. Certain types of impacts cause certain forms of injuries to the human body. Even minor, slow impact collisions can cause serious damage to the soft-tissues of the body. These cases, often referred to as MIST (minor impact soft tissue) cases, are fought hard by the nation's largest car insurance companies. Spine injury from a car accident is the most common form of damage caused to the body in a collision. The soft tissues (discs) in the spine are not equipped to handle the jarring of a collision, even at low speeds. Automotive safety technology has come a long way with absorbant crunch zones and bumpers, but spine injuries still occur in most accidents. Trauma to the spine can result in herniated discs (a.k.a. "blown discs" or "slipped discs") that can require physical therapy, epidural steroid injection, and even surgery to repair. In the event of a spine injury, it is best to get the right diagnostic imaging to determine the extent of the damage. X-rays are commonly performed at the hospital, but without MRI (magnetic resonance imaging) the nature of a disc problem cannot be fully understood. Car accident brain injury commonly results from head-on and broadside auto accidents. A brain injury can occur without loss of consciousness. Sometimes people refer to a "closed head injury" as one where the head is not visibly damaged, but there is brain damage of some sort. A closed head injury can cause all kinds of cognitive issues, including problems with balance, memory, everyday functioning. Brain damage needs to be diagnosed early and treated carefully by a specialist, usually a team of neurologists and neurosurgeons. Other forms of catastrophic injury can result from almost any type of impact from a wreck. Aside from traumatic brain injury (TBI), other serious injuries can cause degloving of the skin, loss of limbs, or shattering of bone. Catastrophic injuries can require a lifetime of expensive medical care, including modifications to your home and nursing care. Economic recovery for future medical care is tricky, since most courts will not permit compensation for speculative future damages. It will take experienced legal representation to assist in obtaining this type of monetary compensation. Obtaining compensation for all forms of injury caused by a car accident will be the job of your legal team. Believe it or not, it will also be part of the job of your treating doctors, who will have to back you up when it comes time to filing an insurance claim or injury lawsuit. Doctors must make a medical opinion as to whether the injuries you are claiming were caused, or contributed to be caused, by the auto accident. This is a determination that some doctors are not comfortable making. Make sure your treating physician is not scared of courtroom testimony.
An early morning crash on Saturday left investigators looking at one of their own officers when they responded to a wrong-way collision on De Tonty Street in St. Louis, Mo. 27 year-old Officer Michael Schinner was charged with drunk driving and causing a DUI crash which involved another police officer. Officer Darryl Monroe was returning from a call in his Chevy truck when a head-on impact ensued. Monroe was transported to the hospital and received treatment to his lower extremities. 28 year-old Brian Cole was riding as a passenger in Schinner's Dodge and sustained serious trauma, including a brain injury. The future prognosis of Mr. Cole is unknown at this time, as traumatic brain injury (TBI) can take months of treatment to fully understand the degree damage caused by the blunt force impact of an automobile collision. Anytime a collision involves drunk driving, lawyers typically look to a 12-hour history of where the driver had consumed intoxicating liquors. This may involve subpoena of receipts from restaurants and taverns, as well as recorded interviews of anyone in the company of the drunk driver for that time frame. It is important, from a civil investigative standpoint, to determine whether or not a third-party entity, such as a bar, could possibly bear some type of legal accountability for the cause of the crash, especially when the injuries caused are severe. Commonly referred to as " Missouri dram shop law", this is a particularly complex legal doctrine which assigns joint fault on the owner of a restaurant or bar that "knowingly served alcohol to a visibly intoxicated patron." The burden of proof in dram shop cases is very high for the injury victim. The key to success is an experienced St. Louis dram shop attorney and a vigorous independent investigation. Dram shop claims are complex for several reasons. Since the defendant is usually charged with crimes such as DUI and assault, he/she is wrapped up in an ongoing criminal investigation. Throughout the course of pending criminal charges, a drunk driver can exercise a 5th amendment right to avoid self incrimination. This means taking his/her deposition in a civil case is tricky because many of the relevant dram shop questions are met with silence. A St. Louis dram shop car accident lawyer will need to figure out how to secure the critical evidence necessary in the beginning to protect the rights of the people injured in the crash, even if this means holding off on deposing the defendant driver in a civil claim for personal injury. The legal blood alcohol (BAC) limit for a driver in Missouri is .08. So can an attorney prove a dram shop claim based on BAC alone? Yes and no. A jury may determine that a drunk driver's BAC was so high that any waiter or bartender should have known that the patron they were serving alcohol to was "visibly intoxicated" and "should have been cut off." The best dram shop liability lawyers in St. Louis will hire top notch toxicologists to use as experts in a civil dram shop case against the drunk driver who caused the collision and bar(s) that over-served that driver. After all, shouldn't bartenders and waitstaff exercise good judgment when serving intoxicating beverages to a customer? If you have been injured in a drunk driving crash in the St. Louis area, contact an experienced car crash lawyer who has successfully handled dram shop liability cases. These case types are complex and require a specialized knowledge of pharmacology and history of dram shop caselaw in Missouri. To learn more about Missouri dram shop liability and the evidence necessary to win a case like this, speak to a partner at Schultz Legal Group by calling (314) 448-0934 or toll-free (866) 840-3636. Victims can also send a secure email to the firm's founding partners with legal questions.
Illinois troopers were called to a major semi-truck crash that took place in Johnson County Illinois just before rush hour this morning. Responders report that the collision occurred on Interstate 57 just south of the town of Goreville. 22 year-old Christopher Tracy was operating his light blue brand new Freightliner tractor-trailer southbound on I-57. Tracy's truck collided with another semi-truck that was parked on the shoulder of the road. Tracy, of the state of Missouri, did not report any personal injuries at the scene. 64 year-old Patrick McDaniel was in his parked 2006 tractor-trailer on the shoulder when it was struck from behind. The left rear corner of his truck sustained the majority of the impact, as Tracy's truck slammed into it, and then slid down a hill on the side of southbound I-57. Tracy was issued a traffic ticket by Illinois State Police for improper lane usage. Coincidentally, a conviction for improper lane usage is a "serious safety violation" according to the Federal Motor Carrier Safety Regulations. Tracy will be required to disclose this conviction to his employer. If he is an independent contractor or "owner operator", he is still required to disclose this violation in the annual driving record review as required by federal safety regulations. Trucking accidents often involve two or three tractor-trailers and no passenger vehicles. Drivers can still sustain serious injuries, although statistically, truck drivers are less likely to sustain the severity of injury often incurred by drivers/passengers of smaller vehicles. Take for example this crash on I-57 which involved a high rate of speed and violent impact. Both truck drivers refused medical attention at the scene. That does not mean they are not seriously hurt however. Most soft-tissue injuries, which can end up requiring surgery, do not manifest themselves for hours or days after a collision. A tractor-trailer accident lawyer can provide victims of a commercial motor vehicle crash with helpful advice on how to file claims with an insurance company for property damage, personal injury, lost wages, and other harms caused by a collision. Truck crash litigation can be complex, expensive, and time-consuming. Because federal and state law both apply to these case types, many lawyers are not fully capable of providing the experienced legal representation necessary to ensure a favorable result. As such, it is recommended that victims research the credentials of their lawyer or law firm to determine whether they have the specific knowledge necessary to win your case.
Two drivers and one passenger were taken by ambulance to local hospitals Monday
afternoon after a crash at the intersection of US 50 and MO 58 in Johnson
County. 35-year-old Amy Nichols was operating her vehicle west on US 50
with Bobbie Douglas, 16, riding as a passenger. Allegedly 22-year-old
Cassandra Wilson was also operating her vehicle on westbound US 50 when her
vehicle crashed in to the passenger side of Nichols' vehicle. Passenger
Bobbie Douglas sustained a multitude of injuries from the impact, being seated
at the point of impact. Both drivers Nichols and Wilson were also injured
in the collision. All three individuals required emergency transport to
near hospitals.
Missouri
State Highway Patrol and the Johnson County Sheriff's office have documented
that there is an ongoing investigation in to this crash, as well as pending
criminal charges. Details of reasoning behind this crash are currently
unknown and any charges against Ms. Wilson have not yet been filed. Our
Missouri auto crash attorneys will be working with authorities to obtain
additional information and piece together the evidence against Ms. Wilson.
Negligent
and/or careless actions as a Missouri driver carries a high consequence in that
you are responsible for all damages caused, including medical bills, loss of
income or employment, emotional distress, and any projected future
losses. A Missouri car accident lawyer works with you - the victim - and document each and
every way an unexpected auto accident affects you and your loved ones. No
injury claim that is too big or too small for an experienced car accident lawyer or injury law firm. Good lawyers pride
ourselves on handling a variety of claims with a variety of clients and their
stories.
If
you have been injured in an auto accident and are curious if legal assistance
is right for you, do not hesitate to request a free consultation with an actual attorney. Respected law firms such as Schultz & Myers provide 24/7
access to attorneys who, at the very least, are able to offer you accurate
legal advice. Don't wait until it's too late to seek advice or
assistance. Dealing with the insurance companies without legal representation is a risky game that you will lose.
The answer is simple, because it increases the bottom line. For a perfect example, let's look at State Farm and its recent earning release. In the year 2009, State Farm was able to increase its combined net worth an additional $4.8 billion to $58.1 billion. Holy cow that's a lot of money! The insurance giant noted the primary reason for the increase (improvement) were gains in its unaffiliated stock portfolio. Really? Isn't the stock market in a two-year slump? Let's take a closer look at why insurance claims for personal injury are denied or minimized by adjusters. Insurance companies generally survive off of their investments, typically in the form of annuities and stocks. However, these investments are funded by insurance premiums collected from policyholders. So what reduces the amount of funds available to populate insurance company's investments? Personal injury and property damage claims, plain and simple. So you see, automobile insurance companies such as State Farm may attribute growth based on stock gains, but the bottom line is this: denied claims and low-ball settlement offers are one, if not the primary, means of making an insurance carrier more "profitable." As an injury lawyer in St. Louis, Mo, I face State Farm, and other large car insurance companies each day in my law practice. The experience is never pleasant. These insurance companies retain expensive defense lawyers and instruct them to drag out, delay, and potentially deny legitimate accident injury claims that result from car accidents, motorcycle accidents, slip and fall, and other incidents that involve negligence and legally-recognized harm. Remember when you are involved in a crash or other incident that results in an injury, that ultimately you will be dealing with an insurance company that has but one goal, to be as profitable as possible. These companies have gone so far as to use claims computer software that completely removes the human element of reviewing an injury. It's unfortunate because many claims involve horrific injuries or fatalities that require the empathy and sympathy of someone with a brain. You only have one opportunity to receive fair and just payment for your injuries from that at-fault party's insurance company. Contact an experienced accident injury lawyer and obtain free advice on the best approach in your specific case.
Two
people are dead and six were hospitalized early Sunday morning as a result of a
rear-end collision that happened on westbound 270 in St. Louis County.
20-year-old Patrick D. Walsh (St. Charles) was driving a Chevrolet Silverado
pick-up truck on I-270 at approximately 1:00 AM Sunday when he collided with
the rear of a Chevrolet Tahoe in front of him being driven by 36-year old
Nicole Stanner (O'Fallon). The impact of the large vehicles at a the high
interstate level of speed caused the Tahoe to roll multiple times, eventually
traveling off of the roadway. As a St. Louis county car accident lawyer, this story will continue to unfold as the major crash investigation team reviews forensic evidence. Ms. Stanner had 6 passengers in her
vehicle: Michael McLemore (37, O'Fallon), Kevin Leahy (48, St. Charles), Judy
Hart (38, St. Charles), John Hart (37, St. Charles), Kenneth Frederick (38, St.
Charles), and Steven Brueggen (38, Florissant). Michael McLemore and
Steven Brueggen were pronounced dead at the scene. Nicole Stanner and
passengers Kevin Leahy and Judy Hart were rushed to St. John's Hospital for their
injuries; passengers John Hart and Kenneth Frederick were taken by ambulance to
Depaul Hospital.
At
fault driver Patrick Walsh was taken to Christian Northwest Hospital by members
of the Ferguson Police Department. Walsh allegedly exhibited signs of
intoxication at the crash scene and was subsequently arrested on multiple
charges.
The
current medical condition of the injured parties remains unknown, though a
lengthy and difficult recovery can be expected for each individual
involved. Physical, mental, and emotional trauma will be a devastating
effect on everyone involved. The sheer negligence of Mr. Walsh caused the
loss of 2 lives and overwhelming damage to the lives of countless others.
Mr. Walsh carelessly chose to consume alcohol and operate a motor
vehicle. In addition, Walsh took his vehicle to a busy interstate,
traveled at a high rate of speed, and recklessly crashed in to the rear of
another motorist in front of him. He violated several of Missouri's
driving laws in a matter of minutes. The men and women that sustained
injury as a result of Walsh's poor decisions are faced with physical,
emotional, and economical damages to their previous lifestyle. The
surviving family members and friends of the two fatalities are undoubtedly
experiencing a great deal of emotion as a result of this crash.
Experienced St. Louis attorneys have handled multi-situational motor vehicle crashes such as this in
the past. Vehicles carrying a number of occupants are most likely going
to face a variety of injury and levels of medical treatment - both short and
long term. Regardless, all individuals involved are entitled to the same
degree of compensation from an at-fault party. Our St. Louis injury and
wrongful death attorneys are veterans at handling such claims to obtain the
best possible outcome for everyone involved. Take advantage of a free
consultation option to speak with an accident injury lawyer regarding your case. Asking your lawyer about his experience in handling complex injury cases is important, as well as obtaining answers to all of your questions and concerns.
Our Eureka Missouri Semi-Truck Accident Lawyers are following a story unfolding in St. Louis this afternoon. Authorities closed the westbound lanes of I-44 in Eureka as three semi-trucks and numerous passenger cars were involved in the pileup. We do not have reports of any serious injuries as of yet, but that does not mean folks were not injured in the accident. Electronic safety signs on the westbound lanes of I-44 before Antire Road were urging motorists to find alternate routes of travel and avoid the crash scene as evidence was being collected. Tractor-trailer accidents are unbelievably complex and involve aspects of personal injury law that most Missouri lawyers are just not qualified to handle. From the Federal Motor Carrier Safety Regulations to Missouri laws involving commercial motor carriers, the laws and regulations that govern the trucking industry are so detailed and voluminous that most attorneys just avoid them entirely, even when the fate of a client's truck accident injury lawsuit is in the balance. The first thing that a trucking company will do when it is notified that one of its drivers has been involved in a semi-truck accident is notify its liability insurance carrier. The insurance carrier will then immediately dispatch a insurance defense crash investigation team to the scene. The job of the immediate response team is to secure evidence interview witnesses, and immediately begin the process of 'circling the wagons' in defense of any injury claim or lawsuit that is filed by a innocent victim of the crash. Our Missouri truck accident injury lawyers have seen this happen on many, many occasions. The worst thing a truck accident injury victim can do is wait to contact an attorney. Why? Because if a lawyer does not work immediately to keep evidence from being tampered with or destroyed by the defense insurance company, then the potential for a successful resolution to a personal injury claim is compromised. Evidence like truck driver log books, which can prove evidence of a tired and fatigued truck driver, will be lost, altered, or destroyed by an insurance company unless your lawyer files for a temporary restraining order (TRO) to preserve these vital bits of forensic evidence. If you are involved in an accident with an 18-wheeler (commercial motor vehicle), contact an experienced Missouri semi-truck injury lawyer immediately by calling (866) 840-3636.
Folks injured in automobile accidents, by defective products, or at work have a right to fair compensation if someone else is legally responsible for causing those injuries. That is where the role of a Missouri injury lawyer comes into play. A lawyer can help maximize your compensation from a claim by providing a variety of services, which include 1) help obtaining the best medical treatment possible, even if you do not have health insurance 2) investigating and discovering all forms of compensation and insurance applicable to your injury 3) maintaining your right of privacy from probing insurance questions, and 4) negotiating an injury settlement that is satisfactory to your case. Medical treatment is one of the most important aspects of any injury claim. And breaking that down further into two components, 1) quality and 2) timeframe. If you don't obtain the right type of treatment it can be just as damaging to your case as not getting treatment at all. So if you have a spine injury, go see an orthopedist or neurologist that specializes in spine trauma. Just like the law, medicine is broken into many, many specialties. Second, getting the right treatment in the right timeframe is critical. If you wait too long to get medical care, or have long "gaps in treatment" the insurance adjuster will likely lowball your case or deny it all together. A personal injury lawyer can offer more advice on this important aspect of your case. Investigating and discovering all insurance policies that apply your case is vital to maximizing settlement value. Claims adjusters do their best to conceal available coverage, or mislead as to the 'policy limits' available to compensate an injury victim. An injury attorney ends these games and ascertains all available insurance coverage, and determines what applies and what doesn't. Sometimes insurance can be "stacked" to provide even additional compensation. This aspect of the law is evolving in Missouri and predominantly determined by caselaw and policy language. Insurance companies love to uncover all your prior medical history, even if it bears no relevance to the case at hand. They do this through the use of unrestricted medical record release authorizations that they will demand that you sign in order to present a claim for injury. An accident injury lawyer would never permit this type of invasion of privacy to take place. Prior health history can devalue your claim and ultimately lead to poor compensation when it comes time to negotiation of a settlement. Rely on your lawyer to present only the evidence necessary to prevail in your accident injury claim, nothing more. For more information, contact Missouri injury lawyer Stephen Schultz. Mr. Schultz is AV-Rated and a Top 100 Trial Lawyer in Missouri for the 4th consecutive year. He can be reached at (866) 840-3636 or locally at (314) 448-0934
Monday
morning's rush hour traffic triggered an accident involving 3 vehicles on
Interstate 70 east in St. Charles County. At approximately 8:20 AM,
congestion on the interstate caused traffic to slow and stop near Mid
Rivers. Brenda Berrong (Oak Ridge) had brought her vehicle to a stop and
Kevin King (O'Fallon) had stopped his vehicle behind hers. 21-year-old
Hailey Newlin (O'Fallon) approached the traffic, but was unable to stop her
vehicle, crashing in to the rear of King. The force of the impact then pushed
King's vehicle in to the rear or Berrong. The 3-vehicle collision sent
both King and Berrong to Barnes St. Peters for their injuries. Newlin was
reportedly uninjured.
Our
team of St. Charles personal injury lawyers are continuing to investigate this matter, specifically any
reason behind Newlin's inability to stop her vehicle, ultimately causing 2
collisions. A number of factors could have contributed to this, including
driver inattention, vehicle malfunction, alcohol or drug abuse, or weather
conditions. However, it is important to know that no matter what the
contributing circumstances, if any, fault is often contested by insurance claims adjusters. Kevin King and Brenda
Berrong may be entitled to compensation for any damage done to their
vehicle as well as payment for any injuries sustained.
In
a rear-end car accident, many injured parties attempt
to resolve the claim without legal assistance but still get jerked around by claims adjusters. From signing medical record release authorizations to a recorded statement, injury victims are often required to jump through hoops for an adjuster when they are not represented by an accident injury lawyer. Often times, our personal injury lawyers are hired some time after the claim has started
due to the fact that people attempt to handle it directly with an insurance
company, only to find out that it is not as simple as expected. The task
is usually frustrating and untimely. Insurance companies will typically
argue fault or a "fair" amount of compensation, both of which are without
merit. With the assistance of a team of Missouri personal injury
attorneys, we face the battle for you, objectively presenting your claim for
what it's worth. At the resolution of your injury claim, we guarantee
your satisfaction or we do not get paid ourselves.
We
look forward to speaking with you on the details of your injury claim.
Attorney involvement from the beginning of St. Louis car accident claim ensures that you will be
able to focus on returning to the life you had prior to a motor vehicle crash,
while our team works on your behalf for recovery. After being injured by
a negligent driver, we encourage you to pursue your claim to its maximum
capacity, which we welcome to assist you with.
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