Recently in Verdicts and Settlements Category

Accutane settlement drug lawyers recently obtained a $25 million dollar jury verdict against Accutane for causing inflammatory bowel disease (IBD) to a New Jersey woman.  The American College of Gastroenterology addressed the causal link between Accutane and IBD in an article published in November 2009.  Roche, the manufacturer of Accutane, first faced claims of injury in 2000.  Now, Accutane litigation is centralized in two states, Florida and New Jersey.  Roche continues to deny the link between IBD and isotretinoin, the active ingredient found in its anti-acne medication Accutane. 

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

Persons taking Accutane must be very careful and monitor their health closely.  This is a very strong anti-acne medication.  If you experience any symptoms associated with inflammatory bowel disease, contact an Accutane litigation attorney immediately following a consultation with your physician.  Accutane injury lawyers are available 24 hours a day to discuss your case.  Contact an Accutane lawyer by calling (866) 840-3636 and get your questions answered immediately.   

Insurance companies play a numbers game on each personal injury claim that is presented to a claims adjuster.  The first gamble is whether the injury victim will hire a St. Louis personal injury lawyer to represent the victim against the negligent party and his/her insurance company.  Most victims feel they have the bargaining power to deal with an insurance claims adjuster without legal representation.  Even the most highly-educated victims will fight a losing battle when they chose to proceed without legal assistance.  Insurance claims adjuster are highly trained at negotiation and are always in a powerful bargaining position compared to a car accident injury victim.  The injured party is vulnerable due to the physical, emotional, and financial stress of a serious car accident or other injury-producing incident.  Statistics prove that accident victims obtain 3X-5X the compensation for a personal injury claim when a lawyer is retained.

Another gamble that insurance companies will play is when an injury lawyer presents a settlement demand package.  The gamble is when the claims adjuster decides not to pay the compensation demanded by the personal injury lawyer, or denying the claim all together.  When an adjuster rejects a lawyer's settlement demands, a lawsuit is typically filed against the negligent party.  The insurance company is then forced into litigation and to defend and indemnify their insured.  If the insurance company had no reasonable basis to deny the settlement demand for compensation made by the injury lawyer, the insurance company may have committed "insurance bad faith."  To learn more about bad faith litigation, visit the Schultz Legal Group injury victim information website.

Some of the best Missouri personal injury lawyers are located in St. Louis.  When searching for a lawyer make sure that he or she is focused solely on personal injury law.  Lawyers who practice family law or criminal law, for example, are probably not the best choice for your personal injury claim.  It is critical to locate a lawyer who is focused on one area of litigation.  This ensures that your injury claim will be handled by an attorney who is experienced in injury settlement negotiations and jury trials.  You only get one chance to obtain fair compensation for a personal injury claim....make that one shot count by hiring the best.
 

St. Louis personal injury lawyer Stephen Schultz was recently featured in the Jere Beasley Report, a respected nationwide legal periodical published by the respected Alabama law firm of Beasley Allen.  Stephen Schultz recently resolved a St. Louis dram shop liability claim involving an off-duty Sunset Hills police officer and local restaurant.  The terms of the settlement are confidential, although court documents were examined by local media outlets and the story was highly-publicized by the St. Louis Post Dispatch.

St. Louis personal injury lawyers often struggle with dram shop liability claims.  These types of cases are complicated and involve a vague Missouri statute, specifically Mo. Rev. Stat. 537.053.  The statute outlines the elements and burden of proof necessary for plaintiff's to prevail in a dram shop claim against an establishment that serves intoxicating liquor for consumption on its premises.  Whether or not a patron is 'visibly intoxicated' as described in the statute, presents a question of fact for the jury to decide.  Expert testimony from toxicologists and pharmacologists can offer the jury guidance as to what level of blood alcohol content (BAC) coincides with visible intoxication.  Witness testimony from other persons at the table, employees, and other customers can also shed light on the defendant's speech, gait, behavior, and appearance at the time of alcohol service and consumption.

The limit for blood alcohol while driving in the state of Missouri is .08%.  A restaurant or bar would be hard-pressed to pick up on 'visible intoxication' at this level, or even in the range of .08-.13%.  However, as a customer approaches a .15% BAC, there will be obvious signs of intoxication.  Bartenders and servers should be properly trained to pick up changes in a customer's behavior.  Common sense also comes into play here.  If a 130 pound woman drinks 5-12oz beers in a couple of hours, even with food, that person will be well over the legal BAC level.  At that point, the server or bartender should step in and cut off service, even ask the customer if he/she needs a taxi summoned to the establishment.

If you have think you may have a St. Louis dram shop liability claim, contact the experienced lawyers at Schultz & Myers by calling (314) 448-0934, or toll-free at (866) 840-3636 for a free consultation.  

Missouri car accidents are traumatic incidents that typically result in both emotional and physical damages.  Following a serious car accident in Missouri, a personal injury victim has up to five (5) years to file a personal injury claim.  Claims for compensation are filed with the responsible party's insurance company.  A Missouri car accident lawyer or Missouri personal injury attorney will typically file a settlement demand with the defendant's insurance company in an effort to resolve the case without the need for litigation.  If the claim cannot be settled, a lawsuit will be filed in the jurisdiction where the crash took place due to Missouri's venue laws. 

If a lawsuit is filed, a plaintiff still has the opportunity to settle his or her case prior to trial.  There are many opportunities to settle a personal injury claim and statistically, over 95% of all injury lawsuits are resolved prior to a trial.  As a Missouri car accident lawyer, we are only able to settle a case with the express authority of the client.  One of our jobs as a lawyer is to advocate for fair compensation for all personal injury claims.  A settlement is fair if it accounts for both economic damages (medical bills, lost wages, prescription costs, etc) and non-economic damages (pain & suffering, emotional pain).  There is no magic formula to determine what constitutes a fair personal injury settlement.  Claims must always be valued on an individual case by case basis.

When determining what is fair compensation for your car accident personal injury claim, factors such as venue, property damage, comparative fault, crash scene dynamics, and other aspects must be carefully weighed.  The amount of your medical bills is never a determining factor of the amount of compensation that should be demanded from an insurance company claims adjuster.  Many attorneys overlook subtle aspects of a case that can actually play a heavy factor on what a jury would really award if the case were to go to trial.  It is important to discuss ALL aspects of your case with a qualified Missouri personal injury lawyer who has experience in court and mediation.  Our lawyers are recognized as a Top 100 trial lawyers by the American Trial Lawyers Association and are members of the elite Multi-Million Dollar Advocates Forum.  Because we are respected by defense attorneys and insurance companies, our St. Louis personal injury lawyers are able to obtain substantial compensation for our client's personal injury claims.

A St. Louis County Jury awarded $13.8 million and $4.2 million against a truck driver and trucking company that were legally responsible for the catastrophic tractor-trailer crash that took place last year in St. Louis.  The truck crash happened on highway 40 near Mason Road in St. Louis County, and resulted in serious personal injury and wrongful death claims.  The Honorable Judge David Noce ordered that the full verdict be paid by Holmes Transport and Jeffrey D. Knight for causing this fatal truck crash.  It was discovered that the truck driver was paying attention to his cell phone and not the highway when the truck smashed into numerous passenger vehicles.

Driving while texting,emailing, or even talking on a cell phone can have catastrophic results.  It can lead to the serious personal injury and/or death of other motorists.  What about the driver who was negligent?  Well, just as in this case, the driver can be both criminally and civilly liable to the State and injury victims, as well as the surviving family members who lost a loved one.  Criminal liabilty can include involuntary manslaughter and assualt.  Civil liability can include claims of negligence, negligence per se, negligent hiring/training/retention, and wrongful death. 

Don't be victimized twice.  Contact a St. Louis truck accident lawyer if you have been injured by a distracted driver and/or careless commercial trucking company.

On July 6, 2009, St. Louis Lawyer Stephen Schultz was nominated for membership in the American Trial Lawyers Association.  This exclusive organization consists of the Top 100 Trial Lawyers in each state.  Membership into the American Trial Lawyers Association is by invitation only, and nominees must exemplify superior qualifications, trial results, and leadership in their respective state and areas of practice.  Missouri Injury Lawyer Stephen Schultz is devoted to the representation of those seriously injured throughout the state of Missouri in car accidents, bus accidents, semi-truck accidents, motorcycle accidents, and by the use of defective/dangerous products. 

"I am proud to be part of such an exclusive organization with such talented trial lawyers from each state.  I firmly believe that trial lawyers perform a critical service in this Country, and without them many injury victims would be victimized twice."  To reach Attorney Stephen Schultz toll-free, call (866) 840-3636, or (314) 448-0934.  Stephen can be reached 24 hours a day in the event of an emergency.  The injury lawyers in his office can meet with injury victims in their home, office, or online.  To learn more about Attorney Stephen Schultz, visit the Schultz Legal Group injury victim website.     

I have been approached by many personal injury victims involved in car accidents in truck crashes in Missouri who want to know if they should represent themselves against the insurance company.  On very few occasions do I ever recommend dealing directly with the insurance company when seeking compensation.  The analogy of bringing a knife to a gun fight is very appropriate here.  Unless you are uninjured and merely attempting to recover for the damage sustained to your vehicle, then dealing with the insurance company alone is an unfair proposition.  Victims of automobile accidents and Missouri truck crashes must understand that insurance adjusters are highly trained and skilled in the art of claim minimization.  In fact, many insurance companies reward the adjusters who minimize claim payouts by giving them all-expense paid trips and refrigerators for their offices. 

As a St. Louis Injury and Accident Attorney I know from experience how the insurance companies operate.  The never place the interests of the injury victim first.  Instead, insurance companies find ways to undervalue an injury claim.  Common explanations by the adjuster are:  1) there was a pre-existing medical condition that caused your injuries, 2) there was not significant damage to the vehicles and therefore you are not hurt, and 3) pain and suffering is not compensable.  All these explanations are usually without merit. 

If you have been injured in a Missouri car accident, motorcycle crash, or truck collision, contact a Missouri injury attorney who is experienced in dealing with the insurance companies.  Contact an attorney who knows how to even the scales and obtain fair compensation for your injuries.  Don't be victimized twice!  Contact St. Louis Car Accident Attorney Stephen Schultz at (314) 448-0934, or toll-free (866) 840-3636 and get your case evaluated personally. 

Do I have enough car or motorcycle insurance coverage for myself?  What are Missouri minimums?  What happens when an uninsured or UNDERinsured motorist crashes into my car and causes serious personal injuries?  These are all questions that concern issues that should be addressed before you find yourself injured in a car, motorcycle, or tractor-trailer accident. 

In the State of Missouri, every motorist is required by law to have $25,000/$50,000 liability, $25,000 uninsured motorist, and $10,000 property damage coverage.  Failure to have insurance in effect with these minimum coverages is a crime.  But don't think for a second that having Missouri minimum insurance coverage means that you have "full coverage".  To the contrary, anyone having Missouri minimum coverage actually has "minimum coverage".  Let me explain:  Lets say you are rear-ended by another driver and you are seriously injured.  Just a three day stay at St. John's with diagnostic testing then runs up your medical bills to over $30,000.  If the negligent driver who hit you had "Missouri minimum coverage" of $25,000, who is going to pick up the deficiency of $5,000?  What about your pain & suffering?  What about your lost wages?

Now lets look at another scenario.  You are driving down the road, reading an email on your cell phone and end up crashing into another motorist, causing a serious automobile accident.  The personal injuries caused to the other driver and his/her passengers is well over the amount of liability coverage you have on your own vehicle because you chose to procure the "Missouri minimums."  The injury victims decide to retain a Missouri personal injury attorney, who sues you and your insurance company.  The victims end up collecting your full policy limits of insurance and then obtain a judgment in the Circuit Court of St. Louis County for $500,000.  The sheriff takes that judgment and comes looking to you for the sale of your assets, liens on bank accounts and investments, and garnishing wages from your employer.  

Having adequate automobile insurance coverage is critical.  Not only for your physical well-being, but also for your own financial protection.  Don't wait until you find yourself in one of the two situations mentioned above.  Call St. Louis Accident and Injury Attorney Stephen Schultz and talk to an experienced lawyer who knows the nuances of insurance coverage.  Attorney Stephen Schultz and the other lawyers at Schultz Legal Group are happy to provide you free advice on procuring the necessary insurance coverage to protect you and your family.  Call us at (314) 448-0934 anytime for a free consultation.    
 

Rollover accidents are some of the most traumatic our Missouri injury lawyers work on.  Rollovers are survivable IF vehicles provide the minimal occupant protection.  Rollover crashworthiness focus on a vehicle's ability to protect occupants and maintain the structure of the automobile.  When occupants are seriously injured or killed, the proceeding investigation is absolutely critical.  The standard in Missouri for finding liability against the vehicle manufacturer is:

"Where the manufacturer's negligence in design causes an unreasonable risk to be imposed upon the user of its products, the manufacturer should be liable for the injury caused by its failure to exercise reasonable care in the design."

Missouri motorists injured in a rollover crash may have a viable products liability claim against the vehicle manufacturer if they can meet the abovementioned threshold of proof.  A new concern amongst regulators are the laws protecting consumers involved in vehicle rollover cases where the car's weak rook structure is to blame for the occupant injuries.  Unfortunately for consumers, and despite meeting current federal safety standards, the roofs of every vehicle sold in North America today are not strong enough to protect occupants in most rollovers.

Have you been involved in a vehicle rollover?  Contact Missouri Products Liability Lawyer Stephen Schultz today for a comprehensive case evaluation.  The injury attorneys at Schultz Legal Group will thoroughly investigate your products liability claim and use experts in the fields of vehicle structure and design to prove your claim.

An accident reconstructionist offered favorable courtroom testimony for the young University of Missouri-Columbia student who was severely injured in 2005 when two vehicles struck her bicycle as she was heading to class.  Krysten Chambrot was struck by defendant #1's Miata, catapulted into the air and then ran over by a truck operated by defendant #2.  Chambrot suffered catastrophic injury to her lower extremities, resulting in amputation and mangle.  She also broke her jaw during the collision.

Expert testimony is critical in cases where the facts are in dispute.  In this case, the facts of the crash itself were in contention, requiring the use of a reconstructionist to determine speed of the vehicles, contact points, and ultimately, fault.  Expert recontructionists rely upon evidence from the scene, witness statements, and mathematical formulas in creating their account of what really happened during the collision.  Expert testimony such as this can be critical in determining whether a driver was negligent, negligent per se, or even reckless.

Our St. Louis accident and injury lawyers retain experts such as an accident reconstructionist when the the facts of the accident scene are unclear.  Experts provide our attorneys with an independent assesment of the facts using sound principles of physics and evidence gathered in the case.  Often times these experts testify at trial, helping the jury understand what really happened at the scene.  Call injury attorney Stephen Schultz today to learn how an accident reconstructionist can help in YOUR case!