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There is a good reason why car insurance claims adjusters start out nice in their conversations with you after an accident.  They are nice when they want things...such as all of your medical records dating back to birth, recorded statements, your social security number, and other information that car insurance companies are not legally entitled to.  The more information they get from you before you are educated on what your legal rights are, the more ammunition the adjuster has to use against you when it comes time to discussing the value of your accident injury claim for compensation.

One tactic that is being used more frequently by auto insurance claims adjusters is the 'low-ball quick settlement offer.'  You get a call within 48 hours of an accident and the claims adjuster asks you details about your injuries.  If the injuries you have sustained are soft-tissue injury, the adjuster smells blood in the water.  Why?  Because claims adjusters know that soft-tissue injuries such as whiplash, lumbar strain, cervical sprains, and other injuries are often your body telling you that there is actually something wrong with the discs in your spine.  But before you get the quality medical care necessary to address the extent of the disc or joint injury, the adjuster dangles a settlement in your face like a carrot.  And you want to hear some real injustice?  Many times the car accident victim will accept the settlement without first consulting with a motor vehicle accident attorney!

Any experienced car accident lawyer in Missouri knows the games and unfair tactics used by the car insurance claims adjuster.  But unfortunately, most good people who are hurt in accidents don't know these games, and more importantly, they don't understand their legal rights.  This is a dangerous situation in which you can be taken advantage of quickly and ultimately cheated out of a fair settlement for your injury claim.

It is not uncommon for a claims adjuster to offer an accident victim $500 - $2000 as a quick settlement just a few hours or days after a crash.  NEVER ACCEPT ANY SETTLEMENT WITHOUT FIRST CONSULTING WITH A LAWYER!  Does it even make logical sense to accept any sort of settlement until you fully understand the extent of your injuries?  What if you accept a settlement for $3000 a week after an accident, only for your neck or back pain symptoms to get worse a month later and require physical therapy, epidural injections, or heaven forbid a spine fusion?  Answer:  Nothing, because you already settled your claim and you are 100% out of luck.

Here is some simple advice:  Never talk to a car insurance company about your injuries until first learning your legal rights by speaking with the best accident lawyer you can find.  Most respected injury attorneys provide a free consultation and case evaluation.  At the very least you will learn your rights and be more effective in negotiating any type of injury settlement. 

It happens.  You are injured and you hire a personal injury lawyer who you believe is the right choice at the time.  But along the way, your lawyer starts to show his/her true colors and you are not pleased.  Whether it is a lack of communication or just plain inactivity in your case for a long period of time, you come to the conclusion that you made a mistake hiring this lawyer in the first place and you want to better understand your rights moving forward with someone else. 

The Missouri Rules of Professional Conduct (MRPC) are a body of regulations that each lawyer practicing in Missouri must follow.  The penalty for not doing so can lead to disciplinary conduct, even disbarment.  The MRPC are designed to keep the profession honest, effective, and credible, starting with the preamble:  

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? 

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.    

 

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


  

With triple digit temperatures (hopefully) behind us, we are approaching yet another season of heavy motorcycle traffic.  Most motorcycle enthusiasts, including myself, take licensing and safety classes in preparation for motorcycle use.  But we all know that excitement and enthusiasm about riding can often times trump our availability to be conscious of operating safety.  As a St. Louis motorcycle accident attorney, I share a few basic reminders of what to be aware of as a cautious rider this season:

*Hill crests - the tops of hills can easily hide from motorcyclists what is on the other side.  Often times, sharp turns, other vehicles, or road debris are waiting on the other side of a hill crest.  Motorcycle drivers fail to see over a hill crest until the last second when it may be too late.  It is important to maintain a safe traveling speed when approaching the top of the hill in order to safely navigate around anything that may be on the other side.

*Potholes, unmarked construction sites and gravel in the roadway:  Any driver is sure to experience some surprises on the pavement they are traveling on.  Passenger cars and trucks are equipped with their larger size to roll over small obstructions on pavement and it goes unnoticed.  With a motorcycle, however, a piece of loose gravel or small pothole has potential to cause serious damage to both the bike and the rider.  Keep a preventable eye on the road and your surroundings at all times.  Many Missouri motorcycle accidents happen because of failure to safety navigate a pothole. 

*Nature:  Deer and other wildlife pose a threat to all drivers, with an added danger to motorcyclists.  Again, due to lack of vehicle structure being operated that would otherwise provide a barrier of protection with a driver of a car or truck, motorcycle drivers are essentially face-to-face with an animal in the event of striking one.  In addition to wildlife, environmental factors such as rain, dew or fog stage potentially unsafe roadways.  It is imperative to maintain a safe, smooth speed of travel with extra precaution around curves and intersections.

*Other drivers:  Motorcycle drivers are held to a higher standard of caution while driving and have an increased amount of factors to be aware of compared to motor vehicle drivers.  You are more than likely one of the most careful drivers on the road - when on a motorcycle, you are not distracted by a cell phone, eating, or messing with music or other passengers.  You are in control, focused, and in anticipation of any potential hazards. 

Remember that other motorists are not - they are distracted by a number of things and may not be paying attention to you.  Maintain a safe distance in between you and other vehicles, and always avoid anyone who looks like they do not have full control of their vehicle.  Keeping these few things in mind along with your basic knowledge of safely operating your motorcycle, you will contribute to the maintenance of Missouri's safe roads.  If you or someone you know has been injured while on a motorcycle, contact our St. Louis personal injury attorneys for assistance.

Our St. Louis motorcycle accident lawyers have been notified of a crash which occurred Wednesday afternoon in Butler County, Missouri, near Poplar Bluff.  Gerald Sieben was driving his Harley Davidson north on Route W.  Michael Belt was driving his vehicle south on Route W and made a left turn in front of Sieben.  Belt struck Sieben, knocking him off of his motorcycle.  Sieben sustained serious injuries and was air lifted to St. Francis Medical Center in Cape Girardeau.  It is unknown at this time if any citations were given to Belt, potentially for failure to yield.

The next few months will bring an increased number of motorcycle drivers and riders to Missouri roads, highways, and interstates.  Motorcyclists follow the same standards of rules and regulations as motor vehicle drivers do and we all share the same responsibility when it comes to maintaining caution on our roadways. It can be easily speculated that Mr. Sieben will require a great deal of medical care and treatment as a result of this crash.  After extensive injuries such as this occur, the injured party(ies) are faced with accumulating amounts of high dollar medical bills as a result.  On top of being in physical pain and frustration, many people begin to experience anger, confusion, and anxiety with what to do next. 

The effects of an unanticipated, devastating event such as an automobile crash are enormous and most people need help.  Our St. Louis personal injury lawyers have decades of combined experience in assisting the injured in fully recovering after an auto accident.  We are able to work with insurance companies, hospitals, and billing agencies on your behalf to take the stress off of you.  The goal of any motorcycle accident injury attorney is to enable your full physical recovery while diligently working on financial compensation for your medical care, both present and future.  Call us immediately to discuss details of your claim and how we may better assist you.   

Our Franklin County motorcycle accident attorneys are following details of a crash involving 2 vehicles and a motorcycle which occurred Tuesday afternoon in Franklin County.  Harold Hutson of Wildwood, Missouri had stopped his new Harley Davidson motorcycle at the intersection of Route A and Julie Lane when William Mueller struck the Harley from behind with his Ford F-150 truck.  Hutson was immediately ejected from his seat, when Mueller's truck then crashed in to the rear of a Jeep Cherokee being driven by Clestin Hohlt.  Hutson was rushed by Air Evac emergency helicopter to St. John's Hospital in St. Louis.  Hutson's injuries are noted as 'serious'. 

The spring season and warmer weather welcomes motorcycle drivers and riders back on to Missouri roads.  A motorcycle owner myself, I know first-hand the importance of being alert and safe while on the road.  Our motorcycle injury attorneys are here to help in the unfortunate circumstance of injury while on a bike.  Motorcycle drivers abide by the same rules of the road as motor vehicle drivers, and are entitled to the same fairness when it comes to compensation of an injury claim.

Remember that wearing a helmet is critical in increasing your chances of surviving a serious motorcycle accident.  While Missouri law does not require operators over the age of 18 to wear a helmet, it is highly recommended by officials and doctors in the state.  Also remember that other motorists commonly have difficultly seeing and/or hearing motorcycles on the road.  Make yourself visible at all times by staying out of blind spots.  If you are involved in a crash, contact a St. Louis personal injury lawyer at Schultz & Myers by calling (314) 448-0934.  

So you have been injured and you think the hard part is over.  You have received medical treatment and doctors and the hospital want to be paid.  Your health insurance covered part of the bills, but there are co-pays, deductibles and other expenses that need to be paid out of your pocket.  To make matters more complicated, the ambulance service that took you to the hospital has decided not to submit your bill to health insurance.  Instead, the ambulance service decided to put a lien on your settlement directly with the car insurance company for the negligent driver that caused the crash.  The insurance claims adjuster tells you that no settlement can be paid to your directly...and that the ambulance service will be written a check directly from the insurance claims adjuster. 

So now you think it is time to negotiate an injury settlement with the insurance claims adjuster.  After presenting your evidence and  reasonable settlement demand, the claims adjuster comes back with a lowball offer.  It isn't fair.  Maybe your initial decision not to hire a Missouri personal injury lawyer was a poor choice.  You know start calling around and finally locate a quality St. Louis semi-truck accident lawyer. 

Insurance claims adjusters are highly skilled in negotiation.  Unfortunately, they are not highly trained in Missouri law and jury verdict trends.  A lawyer on your side is able to negotiate a fair settlement for any injury claim.  Many, many factors determine the value of a personal injury claim.  From venue to the judge, there are many considerations that injury victims and claims adjusters just don't appreciate.  It takes a lawyer who has experience in litigating cases to fully understand the accurate settlement value of an case.

Contact Missouri personal injury lawyer Stephen Schultz and get advice from an expert in handling injury cases throughout the state.  Mr. Schultz can be reached at (866) 840-3636 or by email.