Recently in Verdicts and Settlements Category

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!    

 

St. Louis Wrongful Death Lawyer Stephen Schultz recently obtained court approval of a pre-trial settlement in the tragic case involving an 18-month old boy who was shaken to death in May 2007 by a Florissant Missouri home daycare provider.  Schultz filed a wrongful death lawsuit in early 2008 on behalf of the parents of the young boy, charging the defendants with various counts of negligence, assault, and battery.  The exact terms of the final agreement are confidential, but the end result was settlement for the full policy limits of homeowners insurance available to the defendants. 

The case itself received both local and national media attention.  The story was initially covered by KMOV television.  Print and streaming video coverage of the incident can be found by visiting KMOV's "Top Story" webpage. The defendant, Leslie Pollard, has pending criminal charges and is currently awaiting a trial.

Missouri's Wrongful Death Statute, Section 537.080 allows for the surviving blood relatives to file a wrongful death lawsuit depending on the statutory "class of persons" they fall within.  To be a class one (or tier one) representative entitled to file a wrongful death claim, the claimant must be a "a spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or a father or mother of the deceased, natural or adoptive."

Even if a Wrongful Death Lawsuit is not filed, any settlements received as a result of the death itself must be approved by a Missouri court.  The persons entitled to sue and the damages recoverable are very particular, which is why anyone faced with the loss of a loved one should contact a Missouri injury lawyer immediately for competent legal advice.  The situation is obviously very sensitive, which is why St. Louis Wrongful Death Lawyer Stephen Schultz is especially compassionate in the handling of these types of cases.  You may reach him directly at (314) 448-0934 or by email at stephen@schultzlegalgroup.com.