Recently in Wrongful Death Category

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.

A common question by someone involved in a car accident is how to handle the repairs to their vehicle.  When you are involved in a single vehicle accident, the answer to that question is simple.  However, when you are involved in a car accident involving two or more vehicles, the situation becomes more complex.  So who should you submit a claim for property damage to?  There are several choices.

First, you can choose to submit the property damage claim to insurance company that provides coverage to the at-fault party.  So in the event you are rear-ended by another driver, the decision to submit a property damage claim to the other insurance company may seem like a simple one.  However, some insurance companies will not even look at the damage to your car until they first verify fault in the crash.  This can take weeks, as police reports are seldom completed until a week after a crash.  So during this time, your car may be sitting someone, such as a tow lot, accruing storage charges.  Worse yet, you may be driving around in a damage vehicle which is hazardous to both you and others on the road.  Also, the other insurance company is often not very pleasant to deal with, unless of coarse you have a St. Louis car accident lawyer on your side.

Second, you can choose to submit a claim to your own car insurance company.  Even when another party is at fault, you can still submit a claim to your own insurance carrier to repair property damage.  This can sometimes be the more pleasant option because you are an established customer of your own insurance company, and they will likely treat you better than the insurance company of the at-fault driver.  Keep in mind that you will have to pay your deductible in this scenario, but you will get fully reimbursed for your deductible once liability has been determined by your lawyer.  Another benefit of going this route is that you don't have to wait for liability to be determined in order to have your vehicle inspected, repaired, or replaced. 

Another option is when the property damage is just a few hundred or even a few thousand dollars, you can pay for the repairs out of your pocket and then hire an experienced auto accident attorney to sue the at-fault party and recover your damages for car and even rental car reimbursement.  This route can be quick and hassle free.  You can essentially leave it up to your lawyer to go after the money that it took to repair your vehicle. 

Finally, it is important to understand that property damage claims and personal injury insurance claims are complex.  These insurance adjusters are trained to trick you into avoiding paying claims.  Its just the way it is and will continue to be like until the government steps in with harsher legislation.  If you have any questions, do not hesitate to contact St. Louis car accident lawyer for some free advice.

A fatal car accident or other fatal injury ruins the lives of the surviving loved ones.  They are mourning the loss of the family member and are typically unsure of the legal process following a death.  From opening up an "Estate" to executing a Will and Last Testament, to filing a Missouri Wrongful Death Lawsuit.  The legal process is usually unfamiliar to most people put in this predicament.  Unfortunately, there are time limitations imposed by Missouri law when it comes to executing certain legal actions following a fatality.  If you don't take action within the time frame allowed, your right to file a lawsuit will be lost forever.

So what is the Missouri Wrongful Death law?  Who can file a death lawsuit?  Who can obtain compensation or a death settlement when someone else was negligent and caused the fatal injuries?  How long do I have to do this?  These are all common questions.  What is important to know, first of all, is that you only have 3 years to file a wrongful death lawsuit in Missouri.  Which is one reason why you should contact a St. Louis injury lawyer immediately after a fatal accident...even if it is solely to establish whether you have a right to the claim and which court to file the lawsuit in. 

Second, only certain family members have a legal right to participate in a wrongful death claim.  This is determined by Missouri statute 537.080.  The family members who potentially have a claim are divided into "tiers".  Tier one includes persons such as the surviving spouse, biological children, and surviving parents.  The power of each person's individual claim depends on many factors.  There are no major formulas and judges in Missouri have wide discretion when making this determination.

Third, there are limited items you can claim as damages in any Missouri death lawsuit.  These "damages" are again defined in Missouri statute 537.080.  For example, you cannot make a claim for emotional damages resulting from the loss.  I realize this sounds harsh, but Missouri courts do not want juries 'inflamed' solely based upon the grief and bereavement of the surviving family members.  Economic damages are limited to a specific set of items.  Speak to a Missouri wrongful death attorney about these forms of compensation because they are somewhat complex.

Fourth, bear in mind that it is against the law to settle any fatal lawsuit without first seeking approval from a Missouri court.  In fact, parties to a Missouri wrongful death lawsuit cannot exchange any monies or settlement without the stamp of approval from a judge.  When it comes time to seeking court approval, an evidentiary hearing is required and your death lawyer will be required to convince the court that any wrongful death settlement reached is fair and equitable under the circumstances.  In fact, you will need to prove a number of things at that hearing, including the right of each person making a claim, the amount of the settlement, whether you are agreeing to waive a jury trial, and other matters that require legal consultation, and ultimately, a wrongful death lawyer.  

If you have questions about a wrongful death claim and how to proceed with filing a claim, contact an experienced death lawyer at (866) 840-3636. 

In September 2010, the FDA took a closer look at Actos, a drug that has been in production since 1999 in the United States.  The FDA determined that there is a link between Actos users and an increased risk of bladder cancer.  The risk appears to be higher in men than woman, although both genders are at risk according to recent scientific research.  Actos has many potential side effects, including stomach pain, rapid weight gain, pale skin, painful urination, nausea and a general feeling of sickness.  Actos is used to regulate blood sugar levels, primarily in patients with type II diabetes.

If you are taking Actos and experience serious side effects such as a painful urination, blood in urine, kidney pain, or other similar pains notify your treating doctor immediately.  Do not abruptly stop taking Actos unless directed by your physician.  If your physician makes a diagnosis of bladder cancer, contact a Actos injury lawyer immediately to protect your claim for compensation. 

Once you have been diagnosed with bladder cancer, it is important to take steps to protect a legal claim that you may have against Actos.  Claims for compensation in these prescription drug cases can include a settlement for medical expenses (past and future), pain and suffering (past and future), and wage loss associated with treatment.  Bladder cancer is serious and should be attacked immediately with medication and aggressive medical care.

An Actos lawsuit should be filed by an attorney who is experienced in product defect and product liability laws.  Because these drugs are sold nationwide, there will likely be claims from victims made nationwide as well.  Drug litigation can often times be consolidated into what is known as "multi-district litigation", or MDL.  When drug injury lawsuits are consolidated in MDL, the litigation process, especially discovery of documents and depositions, are streamlined into a more efficient means of dealing with each individual claim.

If you are an Actos taker and have been diagnosed with bladder cancer, you may have the right to an Actos bladder cancer settlement.  To learn more about the Actos lawsuits that are currently being filed across the country, call toll-free (866) 840-3636 for immediate help. 

Illinois troopers were called to a major semi-truck crash that took place in Johnson County Illinois just before rush hour this morning.  Responders report that the collision occurred on Interstate 57 just south of the town of Goreville.   22 year-old Christopher Tracy was operating his light blue brand new Freightliner tractor-trailer southbound on I-57.  Tracy's truck collided with another semi-truck that was parked on the shoulder of the road.  Tracy, of the state of Missouri, did not report any personal injuries at the scene. 

64 year-old Patrick McDaniel was in his parked 2006 tractor-trailer on the shoulder when it was struck from behind.  The left rear corner of his truck sustained the majority of the impact, as Tracy's truck slammed into it, and then slid down a hill on the side of southbound I-57.  Tracy was issued a traffic ticket by Illinois State Police for improper lane usage.  Coincidentally, a conviction for improper lane usage is a "serious safety violation" according to the Federal Motor Carrier Safety Regulations.  Tracy will be required to disclose this conviction to his employer.  If he is an independent contractor or "owner operator", he is still required to disclose this violation in the annual driving record review as required by federal safety regulations.

Trucking accidents often involve two or three tractor-trailers and no passenger vehicles.  Drivers can still sustain serious injuries, although statistically, truck drivers are less likely to sustain the severity of injury often incurred by drivers/passengers of smaller vehicles.  Take for example this crash on I-57 which involved a high rate of speed and violent impact.  Both truck drivers refused medical attention at the scene.  That does not mean they are not seriously hurt however.  Most soft-tissue injuries, which can end up requiring surgery, do not manifest themselves for hours or days after a collision.

A tractor-trailer accident lawyer can provide victims of a commercial motor vehicle crash with helpful advice on how to file claims with an insurance company for property damage, personal injury, lost wages, and other harms caused by a collision.  Truck crash litigation can be complex, expensive, and time-consuming.  Because federal and state law both apply to these case types, many lawyers are not fully capable of providing the experienced legal representation necessary to ensure a favorable result.  As such, it is recommended that victims research the credentials of their lawyer or law firm to determine whether they have the specific knowledge necessary to win your case.

Two people are dead and six were hospitalized early Sunday morning as a result of a rear-end collision that happened on westbound 270 in St. Louis County.  20-year-old Patrick D. Walsh (St. Charles) was driving a Chevrolet Silverado pick-up truck on I-270 at approximately 1:00 AM Sunday when he collided with the rear of a Chevrolet Tahoe in front of him being driven by 36-year old Nicole Stanner (O'Fallon).  The impact of the large vehicles at a the high interstate level of speed caused the Tahoe to roll multiple times, eventually traveling off of the roadway.  As a St. Louis county car accident lawyer, this story will continue to unfold as the major crash investigation team reviews forensic evidence. 

Ms. Stanner had 6 passengers in her vehicle: Michael McLemore (37, O'Fallon), Kevin Leahy (48, St. Charles), Judy Hart (38, St. Charles), John Hart (37, St. Charles), Kenneth Frederick (38, St. Charles), and Steven Brueggen (38, Florissant).  Michael McLemore and Steven Brueggen were pronounced dead at the scene.  Nicole Stanner and passengers Kevin Leahy and Judy Hart were rushed to St. John's Hospital for their injuries; passengers John Hart and Kenneth Frederick were taken by ambulance to Depaul Hospital. At fault driver Patrick Walsh was taken to Christian Northwest Hospital by members of the Ferguson Police Department.  Walsh allegedly exhibited signs of intoxication at the crash scene and was subsequently arrested on multiple charges.

The current medical condition of the injured parties remains unknown, though a lengthy and difficult recovery can be expected for each individual involved.  Physical, mental, and emotional trauma will be a devastating effect on everyone involved.  The sheer negligence of Mr. Walsh caused the loss of 2 lives and overwhelming damage to the lives of countless others.  Mr. Walsh carelessly chose to consume alcohol and operate a motor vehicle.  In addition, Walsh took his vehicle to a busy interstate, traveled at a high rate of speed, and recklessly crashed in to the rear of another motorist in front of him.  He violated several of Missouri's driving laws in a matter of minutes.  The men and women that sustained injury as a result of Walsh's poor decisions are faced with physical, emotional, and economical damages to their previous lifestyle. 

The surviving family members and friends of the two fatalities are undoubtedly experiencing a great deal of emotion as a result of this crash. Experienced St. Louis attorneys have handled multi-situational motor vehicle crashes such as this in the past.  Vehicles carrying a number of occupants are most likely going to face a variety of injury and levels of medical treatment - both short and long term.  Regardless, all individuals involved are entitled to the same degree of compensation from an at-fault party. 

Our St. Louis injury and wrongful death attorneys are veterans at handling such claims to obtain the best possible outcome for everyone involved.  Take advantage of a free consultation option to speak with an accident injury lawyer regarding your case.  Asking your lawyer about his experience in handling complex injury cases is important, as well as obtaining answers to all of your questions and concerns.

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


  

59-year old Alan Boydston of Plattsburg, Missouri, was driving west on Missouri 116 Tuesday afternoon when he began to slow his vehicle, assumingly for an upcoming left hand turn.  68-year old James Cockrill, a Texas resident, was driving a Ford 250 pickup on Missouri 116 behind Boydston, though failed to slow his truck, slamming in to the rear of Boydston's Chevrolet Cavalier.  Boydston was pushed off of the roadway and his vehicle immediately caught fire.  Emergency responders arrived and Mr. Alan Boydston was pronounced dead at the scene by the Clinton County coroner.  Mr. Cockrill was uninjured and able to independently leave the scene. 

It is unknown at this time if any charges or citations were given at the scene.Sadly, we have represented the families and survivors of many Missouri motorists who have met an untimely death as a result of a careless driver.  A fatal car accident is the highest level of 'injury' that one can experience, and is handled very similar to any injury claim with a surviving individual.  Victims and their families are entitled to compensation for any unforeseen expenses such as medical bills, loss of employment, emotional distress, funeral expenses, or future losses.In wrongful death claims or any claim with a deceased individual, specific legal action must be taken in order to properly obtain a settlement.  Our St. Louis personal injury and wrongful death attorneys have a strong record of success when representing individuals in this adverse situation. 

A Missouri wrongful death lawyer is available 24 hours a day and welcome the opportunity to speak with the surviving family members of a fatal car accident victim.  The protection of our clients is the top priority of any reputable Missouri personal injury law firm.

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.