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Injury victims of serious car accidents and truck accidents often wonder what types of compensation they are entitled to pursuant to Missouri law. Unfortunately there is no simple answer. While car accidents and truck accidents both take place on roadways, the similarities between the two end there. Persons who are seriously injured in car accidents are entitled to compensation for past medical bills, future medical bills, past pain & suffering, future pain & suffering, past lost wages, future lost wages, loss of earning capacity. Legal spouses of injury victims are also entitled to compensation under the doctrine of loss of consortium. The surviving family members of those who are fatally injured are entitled to certain types of compensation pursuant to Missouri's Wrongful Death Statute, Mo. Rev. Stat. 537.080. Injury victims should keep detailed records from the date of the injury through maximum medical improvement (if such exists). Some victims are so catastrophically injured that they require a lifetime of medical care. Economic damages (such as medical bills) are compensated upon proof of the loss, or "expense". Missouri does not all plaintiff's to recover compensation based upon speculation. Itemized medical bills are required. Tractor-trailer accidents commonly cause severe and permanent injuries. These types of unfortunate incidents may necessitate a lifetime of 24 hour medical care from professionals. Juries are reluctant to award a plaintiff compensation for future medical care in a tractor-trailer injury claim unless a certified life-care planner writes a detailed future medical report as evidence. This traditionally requires the attention of a licensed physician, otherwise the life-care plan may be stricken as unreliable. If you have questions on the types of compensation you can claim in a car accident injury claim or truck accident injury claim, call the injury lawyers at Schultz Legal Group for an immediate consultation. A St. Louis Accident Injury Lawyer is available live by calling     (314) 448-0934 or (866) 840-3636. Don't be victimized twice.
The National Transportation and Safety Board (NTSB) recently published an opinion that a fatal bus crash in August 2008 may have been caused by a faulty retread tired that blew out on the highway. The bus was on its way to Missouri when the right front tire blew and caused a crash that resulted in 17 deaths and numerous bus accident injury claims. The NTSB is the national organization that will regularly investigate serious air and land crashes that require special expertise. The Federal Motor Carrier Safety Regulations and federal law forbid a retreaded tire from being used on the front steer tires of a charter bus. The charter company that hired out the bus involved in this fatal bus crash claim had a deficient safety rating according to the FMCSA. An "unsatisfactory" safety rating is issued to commercial motor carriers who continuously fail to meet safety guidelines designed to protect passengers on buses and other drivers on the road. After having its DOT number pulled, this particular bus company applied for a new DOT number under the guise of a newly-formed company, essentially obtaining new operating authority by fraud. Serious bus accidents can cause catastrophic injury and death to passengers and others on the road. It is critical to contact a bus accident injury lawyer immediately following one of these incidents, as evidence must be preserved and/or protected before it is lost. Evidence such as the bus Electronic Control Module (ECM) must be downloaded by a qualified expert retained by the bus accident lawyer to make certain that it isn't altered or destroyed by the bus company.
Labor Day is just around the corner, and that means that school will be back in session in Missouri. Back to school means more people on the road, resulting in increased traffic congestion and an increase in serious car accidents and bus accidents. We all are spoiled in the summer when school buses, and young students are not racing to school in the morning and home in the afternoon. When school starts up again in the fall, some of us get frustrated by increased commute times and congestion. Our discontent is increased by the continued closure of Missouri highway 40 in St. Louis City. Luckily highway 40 is scheduled to re-open in full capacity in December 2009. Take the increase in traffic congestion into consideration and make an effort to leave a little earlier to head to the office. Being rushed in the morning can result in careless driving and more "at-fault" accidents for you. Aside from an insurance rate increase, serious personal injuries and/or death can quickly result from negligent driving habits. Failing to observe the Missouri statutory Rules of the Road can result in being charged with a criminal offense and being held negligent per se in a civil court. In the unfortunate event you are seriously injured in a Missouri car accident, motorcycle crash or tractor-trailer crash, contact St. Louis Injury Lawyer Stephen Schultz and get the experienced lawyers at Schultz Legal Group on your side. Our injury lawyers will investigate the circumstances of the crash and represent you against the unfair insurance companies that do there best, from day one, to minimize your injury claim. Don't be victimized twice.
Negligence can mean many things, depending upon the circumstances. General negligence is is failing to exercise the 'care' that a reasonable person would exercise in similar circumstances. In a Missouri premises liability case, negligence would be defined as allowing a dangerous condition to exist on your premises (eg: restaurant, building, property) without fixing it or posting warning signs so that third parties will avoid the danger. Negligence when operating a vehicle means that the driver failed to exercise the care that a prudent person would in the same given situation, and thus causing a Missouri car accident that results in serious personal injuries and a subsequent personal injury claim. A jury that is considering whether someone was negligent essentially places themselves in the position/situation of the negligent driver and determines whether they would personally acted differently, ie: drivin slower, paid more attention, braked sooner. There is also the Missouri legal doctrine of negligence per se. This negligence doctrine is triggered when a motorist fails to exercise the care required within Section 304 of the Missouri Revised Statutes and causes a serious car accident, truck accident, or motorcycle accident. Commonly referred to as the "Missouri Rules of the Road", Section 304 requires everyone who operates vehicles on Missouri's roadways to abide by certain standards of care so not to cause a car crash. If you believe a negligent driver was the cause of your personal injuries, contact St. Louis Injury Claim Lawyer Stephen Schultz and get the experienced lawyers at Schultz Legal Group on your side. Our Missouri injury attorneys will evaluate your claim to determine what parties are liable and/or accountable for your personal injuries and obtain the conpensation you deserve pursuant to Missouri law.
JUST RELEASED: The United States has known since 2003 of the extreme risks of distracted driving, yet they failed to release these findings to the public! The National Highway Traffic Safety Department withheld this critical information from Congress since 2003 in an effort to "not make Congress mad." Ultimately those withheld findings determined that distracted driving is as dangerous as drunk driving! Researchers have now published data that concludes in 2002 alone, over 955 fatalities and 240,000 serious personal injuries were caused on our nations highways by cellphone use when driving. Cellphone use can include text messaging, emailing, and talking. Keep in mind that these findings were way back in 2002! It is estimated that there are 10 times and many cellphones in used today than in 2002. So what does that mean about the highway death claims and injury claims? Researchers have also determined that hands-free kits such as bluetooth and earbuds did little to eliminate the threat of death and injury on our roadways as a direct result of cellphone use. Missouri motorists that are using their cellphone while operating a car or truck are 4X as likely to cause a serious car accident, truck accident, or motorcycle accident. What is our government going to do about this? Probably little if anything, partially due to lobbiests in Congress. Many states have proposed bans on using cellphones while operating a motor vehicle, but the proposals have not converted into law. Moreover, police have indicated a difficulty in enforcement of such a proposal. Missouri Accident and Injury Lawyer Stephen Schultz recommends that you put down the cellphone when behind the wheel. Many of his injured clients have been seriously injury or lost loved ones to the inattention and distraction caused by using a cellphone. Texting is particularly dangerous, as the driver is forced to concentrate on a phone's screen instead of the roadway, causing motorists to cross the centerline of traffic and a head-on car crash.
St. Louis Personal Injury Lawyer Stephen Schultz is contacted daily with questions from injury victims. Persons injured in accidents and crashes are vulnerable. Often times they are dependent upon doctors, family members, and claims adjusters to lead them through the process of handling their personal injury claim. The problem is none of these persons understands or appreciates what the injury victim is entitled to receive as compensation for his or her injuries. Doctors are doctors. Family members, while they offer invaluable personal support, are not lawyers. Claims adjusters represent the LAST person to seek advice or guidance from, as they certainly do NOT have your interests first. Here are a few of the common questions St. Louis Personal Injury Lawyer Stephen Schultz fields on a daily basis: Question: Someone told me that I should get 3X my medical bills as a settlement for my injury claim. Is that accurate? Answer: No. There are no two injury claims that are alike and thus to make such a general assumption can create confusion and disappointment. I have cases that I have obtained settlements for 2X medical bills, and I have other cases where I have obtained settlements and verdicts that are 20X medical bills. There is no exact formula. More often than not, I obtain well over 3X what my client's medical bills are as recompense for their serious personal injuries. Question: Do I have to pay back my health insurance if I get a settlement? Answer: It depends. Some health insurance policies are governed by ERISA (Employee Retirement Income Security Act), which often times does entitle that insurer to reimbursement for benefits paid to treat injury victims. MediCare and MedicAid generally have to be reimbursed as well. As your injury lawyer, I must request a copy of the health insurance company "Plan" to determine what language governs reimbursent in your particular injury case. Question: Will my case go to trial? Answer: Probably not, but it depends. Statistically speaking, most personal injury cases are settled before trial. The Missouri personal injury lawyers at Schultz Legal Group make a good effort to settle cases before filing a lawsuit. After all, if fair compensation can be obtained without the expense and delay of extended litigation, then it makes sense to settle. However, the client is the ultimate decisionmaker when it comes to accepting or rejecting a settlement offer. If the client and attorney decide together that a settlement offer is too low, then our lawyers file a lawsuit and prosecute the case thru the courts. Even when a lawsuit is filed, the case often times will settle before it matures to a trial. If you have been injured in a MIssouri car accident, tractor-trailer crash, bus crash, or by the use of a defective product, contact St. Louis Personal Injury Lawyer Stephen Schultz for a case consultation and evaulation. Mr. Schultz can be reached at (314) 448-0934 or toll free at (866) 840-3636. Don't be victimized twice. Claim your fee consultation with one of Missouri's top 100 personal injury lawyers today!
Let's face it, insurance companies are in business to make a profit. That doesn't necessarily make them "bad." What does make the situation 'bad' is when they place the drive to turn profits FIRST and the interest of the Missouri injury victim LAST. Studies and recent lawsuits have exposed the fact that the injury claim is being negatively affected by the insurance company's pursuit of profits. Before the late 80's and early 90's, insurance companies were relatively 'fair' in valuing the injury victim's claim. That all changed with the advent of computer software specifically designed to minimize injuries and convince victims to accept low-ball settlements. The bottom line is profits. Insurance companies assume that only 20% of injury victims will ever retain a Missouri Injury Lawyer. Therefore, it becomes a shear numbers game with them. Insurance adjusters will often low-ball the victim with the understanding that only 2 of 10 victims will reject the offer and seek the representation of a skilled injury attorney. Many large insurance companies such as State Farm, Farmers, and Allstate have implemented claims programs such as "Advancing Claim Management Excellence" and/or "Claim Core Process Redesign" were were designed solely to reduce claim payouts and/or deny them completely. DON'T BE VICTIMIZED TWICE! Don't let the insurance company bully you with a low ball settlement. Contact the experienced Missouri trial lawyers at Schultz Legal Group at (314) 448-0934 for advice on how to handle your Missouri injury claim. Get the fair compensation you are entitled to pursuant to Missouri Law.
"The choice of an attorney is an important decision, and should not be based solely upon advertisements." This phrase is required for all Missouri injury lawyers who advertise via any medium. Missouri injury victims have a broad range in options when choosing an injury attorney. There is a sea of internet websites, billboards, and television commercials that bombard potential clients with information and solicitations. The problem is that not all Missouri injury lawyers are created equal. The decision on which lawyer to represent you for your injury claim is extremely important. It can mean the difference between fair compensation and unfair compensation. It is recommended that Missouri injury victims ask potential personal injury lawyers several key questions, such as how long they have been practicing, what types of results they have achieved, and whether they practice injury law exclusively. It is critical to retain a lawyer who is devoted to the practice of injury law. Otherwise, you may end up with an attorney who practices in numerous areas of law (including personal injury), but does not specialize in any particular area. If you have been injured in a Missouri car accident, Missouri tractor-trailer accident, Missouri motorcycle or bus crash, contact St. Louis Accident Lawyer Stephen Schultz and claim your free consultation. The injury lawyers at Schultz Legal Group are devoted exclusively to the representation of those victimized by serious injury and death claims.
First, what is a "soft tissue" injury. Simply put, soft tissue can be any tissue that is not a bone. So muscle tissue, connective tissue such as tendons and ligaments, and discs in the spine are all considered soft tissue. When you are injured in a serious Missouri automobile crash, tractor-trailer crash, or other type of injury-causing event, you are most likely to sustain a soft-tissue injury. Bones usually are not broken unless then make contact with another object. Due to today's protective technology in our automobiles, drivers and passengers are typically restrained from coming into contact with hard objects in the event of a car accident. Soft tissue injuries can be very serious. Don't let the name fool you. Common soft tissue injuries include sprains, strains and contusions. More serious injuries can include spinal disc herniations, bulges, protrusions, and annular tears. Soft tissue injuries can be both permanent and disabling, and can require future surgeries to correct. For example, a disc bulge can become so disabling that epidural injections, a spinal discectomy, or spine disc fusion may be the only thing that alleviates pain. Victims of these types of personal injuries should seek medical care from a qualified orthopedist. If you have sustained soft tissue injuries in a Missouri car accident, 18-wheeler accident, motorcycle crash, or slip & fall should contact St. Louis Injury Lawyer Stephen Schultz and get the experienced injury attorneys at Schultz legal Group on your side. Insurance claims adjusters rarely give appropriate value to claims involving soft tissue injuries. Don't be victimized twice!
This is a question most Missouri injury victims face when they are involved in several types of potentially actionable claims, such as: The situation is often times stressful. You have the incident itself that caused the personal injuries, and then you have the insurance adjuster that typically calls a few days later and begins his/her goal of minimizing your injury claim. Essentially, you are set up to victimized twice. Statistics provide that those who retain the legal services of a Missouri Accident & Injury Lawyer received 3x-5x more compensation that those victims who choose to deal with the defendant's insurance company directly. So what types of claims can you handle without the services of a personal injury lawyer? Very minimal claims involving very little property damage and no personal injuries can usually be handled by the victim on his/her own. When you add personal injuries to the equation, it is always beneficial to, at the very least, consult the legal advice from a Missouri personal injury attorney. Understand that insurance adjusters are highly trained and skilled at dealing with both injury and property damage claims. Ask yourself this question: Does the insurance adjuster really have MY best interests in mind, or that of his managers and stockholders? The answer is obvious. I encourage any injury victim to visit the Schultz Legal Group article on How Insurance Companies Adjust Claims. Contact St. Louis Accident and Injury Lawyer Stephen Schultz at (866) 840-3636, (314) 448-0934, or by email to discuss your injury claim.
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