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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:  

You've been involved in an accident and now you are doing your best to move on with your life.  Medical bills are coming in and you are nasty getting phone calls from the billing department of hospitals, medical facilities, and claims adjusters.  This is not a familiar process and chances are high that you will obtain conflicting advice from friends and family in dealing with the frustration of a car accident or other injury-related situation.  If you haven't already hired a St. Louis injury attorney to assist you with this process, there is advice out there to educate you on the methodology of the injury claims process and steps towards a settlement.  Dealing with things on your own rarely, if ever, pans out in the form of fair compensation.  This advice is not intended to replace the exceptional value that an experienced personal injury lawyer can provide you in this situation.  Bottom line, claims adjusters are highly trained to minimize or deny your claim.  Only a lawyer can make them pay fairly.

First, you have the option of filing a claim with your own insurance company, even if another driver was at fault for causing damage to your car and personal injuries.  With regard to property damage, this process is rarely contested.  With regard to injuries, it is almost always contested.  The only compensation you are entitled to recover from your own insurance company is for "med pay", UM and UIM coverages.  Your own insurance company essentially takes the position of the at fault insurance carrier.  This creates a conflict of interest of sorts...because the company that you pay your premiums to each month basically becomes and adversary.  Things can get heated very fast, especially when you start demanding a fair settlement for injuries caused in the crash.

UM and UIM are complex forms of insurance coverage that you may have on the vehicle involved in the crash.  While UM (uninsured motorist) coverage is required in the state of Missouri, UIM (underinsured motorist) coverage is NOT.  Making claims for either require certain procedural actions before you can obtain a nickel in compensation.  Because insurance contracts are written in what appears to most to be a foreign language, you may inadvertently void coverage by doing, or not doing, something.  Again, this is an area of insurance claims that is best left to an experienced insurance claims lawyer. 

Dealing with the at-fault party and their insurance company is never a pleasant process.  First, the insurance company has no legal requirement to pay you a dime, at least not without a lawsuit.  And claims adjusters know this.  They know that if a lawyer is not putting their feet to the fire, that they can bully an injury victim into accepting pennies on the dollar, or even a denied claim all together.  A popular tactic used by the unfair insurance claims adjuster is to start out very nice, especially when they are asking for your recorded statement, release of medical records, and other information that is never released by any well-respected car accident lawyer.  Then, when it comes time for the victim to discuss a settlement, the tone of the conversation changes dramatically.  The claims representative goes from defense to offense, challenging the legitimacy of your medical treatment and extent of your injuries.  If the crash itself didn't result in totaled vehicles, the adjuster will accuse you of inflating the extent of your bodily injuries.

There is a reason that statistics prove that attorneys are able to obtain 5-10X the amount of compensation from an insurance company that victims are without legal representation.  Talking your case over with an experienced car accident lawyer is worth your time, even if it is to discuss value of your case and advice on how to deal with an insurance claims adjuster.  You only get one opportunity at a fair settlement for your claim.  If you settle for less that what is fair, you will never get a chance to make the situation right.

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


  

Missouri is in the middle of the dog days of summer, along with much of the surrounding Midwestern states.  There is no better way to spend a hot summer day than submerged in a refreshing swimming pool, having fun while staying cool.  However, swimming pools - both public and  private - set the stage for danger and potentially fatal outcomes including heat exhaustion, drowning, slips and falls, and injury while entering a pool such as jumping or diving. As a Missouri swimming pool injury lawyer, I can tell you that we have seen many tragic cases involving preventable swimming pool fatalities, primarily involving young children.  Drowning in a pool surrounding is an unfortunately common reason for accidental death in children.  Many young children are not strong swimmers, therefore unable to get themselves out of a dangerous water situation.  Adult supervision is crucial at all times when a child is in or around the water, as it truly only takes a split second for something to go terribly wrong. 

A swimming pool environment breeds ideal conditions for a slip and fall accident.  Surfaces are wet, patrons are running, jumping, and playing, easily distracted by what is happening around them.  Swimming pools are typically crowded, with lots of commotion and noise, also contributing to the factor of distraction.  Demonstrate safe practices around a swimming pool for children to follow as well - always walk around the water, limit roughhousing in and around the water, and always have an adult within earshot of a child playing in or around the water. Critical injury can occur as a result of improper diving or jumping in to the water.  A swimmer needs to be sure that the water he is about to leap in to is deep enough that they will not hit the concrete bottom of the pool with any part of his body.  Failure to do so can result in serious spinal cord, back, neck, or head injury.

Though swimming pools are an ideal way to beat the heat in the summer, the potential for serious accidents and injuries is present at any pool.  By maintaining a safe environment and strong supervision, pool accidents can be easily avoided.  If you or someone you know has been injured at a swimming pool, it can be safely assumed that it was unintentional, and a true 'accident'.  However, swimming pool owners inherit a high level of responsibility for those in and around their pool. 

Consult with our Missouri personal injury lawyers to discuss proper legal action against an injury claim occurring at a swimming pool.

This is a common question that many people ask after they are involved in a car accident or other incident in Missouri.  Its hard to say with certainly whether you need an accident injury lawyer unless you weigh your chances of obtaining a fair settlement from an insurance company.  There are studies and statistical data indicating that having legal representation on your side increases your chances of a fair shake at compensation by over 300%.  You have to look at it this way:  the insurance company is a well-funded, well-represented giant that does not have a personal interest or duty to treat you with respect or fairness.  Insurance companies are in business to generate huge profits.  They keep profits up and shareholders happy by minimizing payouts on PI claims, plain and simple.  Anyone who tells you otherwise is just not being truthful or realistic.

There are instances in which you can settle a case on your own without hiring a lawyer.  Those situations include cases where there is little to no property damage and your injuries are minimal.  By minimal I mean that you saw your primary care doctor, got checked out, and everything is clear and you are feeling fine.  One important piece of advice though:  Never, ever settle your case, even if your injuries are very minor, until you give your body at least 60 days to show any signs of lingering symptoms.  This most commonly comes up in whiplash cases or soft tissue car accidents.  Soft tissue injuries can be sneaky.  You can appear sore for a few days, then fine for a few days, and then things can deteriorate quickly.  In some events, victims experience "radicular" symptoms, which are radiating pains down the arms and legs.  This is a sign of a very serious disc problem.

As an experienced Missouri lawyer with an AV-Preeminent peer review rating from Martindale Hubbell, I can tell you that there will be times that we will turn down potential clients.  We feel that unless we can add value to a client's case by aggressive legal representation, that we would rather explain the process to the caller and advise them to handle the case without a lawyer.  This is something that not all lawyers will do.  There are some personal injury attorneys that will accept every case that walks in the door, even if the injured client could have settled the case without legal representation and therefore avoid paying attorneys' fees.

If you ever need to discuss your case and whether hiring a lawyer is in your best interests, contact a St. Louis personal injury lawyer at Schultz Legal Group law firm by calling toll-free (866) 840-3636.  Schultz Legal Group has offices in Missouri, Illinois, and Arkansas and will come to clients locations whenever necessary to consult on a one-on-one basis.

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. 

A common question that callers ask when contacting our St. Louis personal injury lawyers is: what do you charge for handling an injury claim?  The answer is nothing, unless our lawyers win your case.  This is a relief for most injury victims.  After all, most accidents cause financial stress on an unimaginable level.  The last thing that anyone in this position needs is a lawyer that charges a large up-front attorney retainer.  The attorneys fees that Schultz & Myers charges are contingency on the outcome of each case.  Therefore, our lawyers and clients share a common interest of reaching a successful outcome in each case.

There are many ways to contact an accident injury lawyer for advice on presenting an injury claim.  Some people use the internet.  The internet is a good resource for researching personal injury lawyers.  For example, using a search engine like Google or Yahoo and plugging in search terms such as "St. Louis car accident lawyer" will provide results that are a good starting point for choosing the best lawyer for your case.  It is wise to never choose an accident injury lawyer based upon how flashy a website is.  In fact, the Missouri ethical rules have made it a point to require lawyers to tell potential clients that decisions for legal representation should not be based solely upon advertisements. 

Choosing a lawyer based upon a referral from a friend or family member can also offer choices.  CAUTION:  Do not think that a lawyer referred by someone else is the right lawyer to handle a serious injury claim.  Traffic lawyers do not make good injury lawyers, and vice versa.  Would you seek a foot doctor if you had migraine headaches? No.  The same holds true with lawyers.  Yes, all lawyers have a general understanding of civil personal injury litigation.  The lawyers at Schultz & Myers would conceivably be able to assist a client with a Will, however, we would never do as good as a job as a lawyer who only does Wills.  Accident injury claims for compensation involve complex civil state statutory laws and civil court procedures.  Never take your serious injury case to a law firm that dabbles in all areas of law.  Chances are high that you will not receive all forms of compensation that you deserve.  

When choosing a personal injury lawyer, also bear in mind that going with the biggest law firm in town does not necessarily mean you are getting the best legal representation available.  It is important for all injury victims to get one-on-one personal service from a lawyer, especially in situations like these where the client is under a high degree of emotional and physical stress.  When selecting your lawyer, make sure that he or she plans on staying in touch with you personally on a weekly or bi-weekly basis.

Do your homework before retaining any lawyer.  Personal injury claims require handling by an accident lawyer who has both experience and an aggressive strategy.  Without this, your claim can be drawn out for months or years while the lawyer does his best to feel his way through the complexities of these case types. 

Missouri dog bite claims are on the rise.  Statistically, the United States sees the majority of its dog bite injury claims take place in the Midwest.  Missouri is one of the leading states in the union as far as reported dog attacks that end up in injury claims for compensation.  What do you need to know about a Missouri dog bite claim?  Investigation of a dog bite claim is something that should be handled by a personal injury lawyer.  Dog bite cases are easily lost without the proper investigative materials, which include:  witness statements, animal control history reports, photographs of the subject dog and location where the dog should have been secured, quarantine reports, statements from police, etc.  Witness statements should be recorded in accordance with the laws that private investigators are required to follow in Missouri.

Gathering evidence in a dog bite claim is just the beginning.  Application of Missouri dog bite laws to the facts of YOUR case is the next step.  This is a two part process.  The first part is determining liability against the owner of the dog that caused the injury.   The date of the dog bite is of critical importance in determining liability.  If the dog bite occurred before August 29, 2009, the case is much more difficult to prove because of the old Missouri law that applied to dog owners.  As of August 29, 2009, Missouri adopted a strict liability approach to dog bites and liability of the owners when these dogs caused injury to persons or property. 

The second step is proving your injuries, otherwise known as "damages."  Proving damages requires affidavits from medical providers, along with medical records and itemized billing, and an accounting of any other special damages that flowed as a result of the dog bite.  Since many dog attack claims for compensation contain a component of emotional damages, it becomes tricky when claiming emotional distress, especially if there is no psychologist or other expert that has been retained to discuss these damages.  A St. Louis dog bite lawyer can be skilled at proving emotional damages in a dog bite injury case.

Contact a St. Louis personal injury lawyer to discuss your dog bite claim, and what you need to know to win your case.  These claims can involve topics of compensation that are hard to prove and will often times be minimized by the insurance claims adjuster who is working on the case.  An aggressive dog bite injury lawyer may be just what you need to win your case and obtain the maximum compensation permitted under Missouri law. 

About 4.5 million dog bite incidents are reported each year in the United States.  Dog bite claims are most common in the midwest, and in Missouri, personal injury claims that result from dog attacks are on the rise.  Hospital visits resulting from dog bite claims have doubled in Missouri in the past 15 years.  So who is to blame for the increase in dog attacks and dog bites claims.  The finger can be pointed at dogs, but also at their owners.  Serious dog bites most commonly occur with younger children.  According to Cardinal Glennon Children's Hospital in St. Louis, the reason is that children are more likely to bend down and get in a dogs face, which can potentially spook it into an aggressive reaction.

Children can sustain significant bouts of emotional distress and fear following any dog attack.  This fear can transform from a fear of dogs to a generalized fear and anxiety of being unsafe.  It is important to talk openly with your child following any dog bite claim, get the situation out and in discussion.  Further care from a child psychologist may also offer assistance in coping with the mental anguish and fear associated with post traumatic stress syndrome from a dog bite. 

A St. Louis dog bite lawyer can discuss the current dog bite laws associated with civil personal injury claims for compensation following any dog attack.  Most notably, the laws in Missouri changed dramatically in August, 2009, with the implementation of Missouri Revised Statute 273.036.  This law essentially makes Missouri a strict liability state with respect to dog bite injury claims.  The statute says that:

         "The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property   of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness."

The St. Louis personal injury lawyers at Schultz & Myers aggressively pursue the owners and harborers of dogs that attack and cause significant injury to innocent persons.  Our lawyers are available to answer the questions of anyone with a dog bite injury claim in Missouri or Illinois by calling (314) 448-0934 or (866) 840-3636.
 

Traumatic brain injury, also known as "TBI", can be caused by a multitude of accidents.  These accidents include St. Louis construction accidents, St. Louis car accidents, St. Louis motorcycle accidents, St. Louis 18-wheeler accidents, and other St. Louis personal injury claims.  So what exactly is TBI and how do you treat such a serious injury? 

First, TBI can be caused by unconsciousness and blunt force trauma to the skull, resulting in blood pooling on the brain.  This type of trauma is some of the most serious injury caused in accidents.  It must be treated immediately at a level-1 trauma center.  Making sure you get immediate treatment will have a direct correlation to your recovery.  A traumatic brain injury can cause permanent damage to parts of the neurological system that control some of our most basic bodily functions. 

A St. Louis brain injury lawyer handles these types of injury claims much differently that minor soft tissue injury claims.  A claim of this magnitude requires experts in neurology and orthopedics.  It requires a St. Louis personal injury lawyer to retain experts in these fields, as well as experts in life-care planning and economics.  These experts are key in assisting with the calculation of future damages, both economic and non-economic. 

A traumatic brain injury lawyer should always take extra time in understanding the harms and losses involved in this type of claim.  Your lawyer may make a 'day in the life video' or other type of short video to send to the insurance claims adjuster or play to the jury, to address these harms and losses in a humanistic manner.  It can be particularly effective at obtaining fair compensation for your claim.