Recently in Wrongful Death Category

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.  

As a St. Louis Personal Injury Lawyer, we present injury claims to insurance companies on a daily basis.  Many of them involve the following types of incidents:

• St. Louis car accident injury claims
• St. Louis tractor-trailer accident injury claims
• St. Louis motorcycle accident injury claims
• St. Louis pedestrian injury claims
• St. Louis brain injury claims
• St. Louis spine injury claims
• St. Louis construction accident injury claims
• St. Louis dram shop claims
• St. Louis products liability claims

Anytime our lawyers present a serious injury claim to an insurance company, the claims adjuster makes a decision whether to pay or deny the claim.  In situations where an insurance adjuster improperly or hastily denies a claim, an insurance bad faith claim may become viable down the line.  I say down the line because a bad faith claim will only accrue (become viable) upon a jury verdict.  When a plaintiff in a personal injury lawsuit obtains a jury verdict in his or her favor, and if the insurance claims adjuster had previously denied that claim, the defendant may have a bad faith claim against his own insurance company for failing to pay the claim when it could have, thus exposing the defendant to an excess verdict. 

When an injury victim obtains a verdict in excess of the defendant's policy limits of insurance, the defendant's personal assets then become available to the plaintiff for sale and satisfaction of that excess verdict.  A string of Missouri cases deal specifically with insurance bad faith law and direct insurance companies to be very careful when evaluating the merits of a personal injury claim. Ganaway v. Shelter Mutual Ins., 795 S.W.2d 544 (Mo. App. 1990); Craig v. Iowa Kemper Ins. Co, 565 S.W.2d 716, 711 (Mo. App. W.D. 1978); Grewell v. State Farm Mut. Auto. Ins., 162 S.W.3d 503, 409 (Mo. App. W.D. 2005); Freeman v. Leader Nat'l Ins. Co., 58 S.W.3d 590, 598 (Mo. App. E.D. 2001); and Zumwalt v. Utilities Insurance Co., 228 S.W.2d 750 753-56 (Mo. 1950).

Insurance companies are constantly denying meritorious St. Louis personal injury claims and they must be held accountable for their actions.  Contact a St. Louis personal injury lawyer at Schultz & Myers to find out if the insurance claims adjuster in your case is acting in bad faith. 

Our Missouri Personal Injury Lawyers have the unfortunate task of encountering fatal car accident wrongful death claims on a regular basis.  The situation is particularly traumatic for family members and understanding Missouri's wrongful death statute can be confusing.  Because in Missouri, only certain surviving family members are permitted to file a Missouri death claim on behalf of a person fatally injured in a car accident.  Those persons are broken up into three (3) classes, with surviving spouses and children getting first opportunity at filing any wrongful death claim.  Even the forms and type of compensation permitted in a fatal car accident wrongful death claim is limited in Missouri.

Wrongful death claims and wrongful death settlements for compensation must be approved in a Missouri court.  A Judge will hear evidence put on by all persons with a claim filed on behalf of a fatal car accident victim.  The Judge will make sure that all classes of persons have notice of a potential claim and right to recovery before he or she will approve any settlement proposed by the parties.  Occasionally an insurance claims adjuster will attempt to propose a wrongful death settlement disbursement to surviving family members.  It becomes critical to immediately discuss your options with a Missouri personal injury lawyer before accepting any proposed wrongful death settlement.  In certain situations there may be excess liability insurance or an umbrella policy that will provide extra compensation to surviving wrongful death claimants.  Insurance companies rarely, if ever, volunteer this excess coverage as applicable.

Typically a wrongful death claim is filed in the jurisdiction and venue in which the Missouri fatal car accident took place.  Most judges require the attendance of ALL claimants at a settlement approval hearing, although some judges will accept sworn affidavits in lieu of live testimony if attendance would cause undue hardship.  Wrongful death claimants who live out of the state of Missouri may sometimes use these affidavits in place of traveling to court in Missouri.

A Missouri wrongful death attorney at Schultz & Myers is available to discuss your case and concerns at (314) 448-0934, or toll-free at (866) 840-3636.

The Missouri Truck Accident Lawyers at Schultz & Myers Law Firm are investigating a Phelps County tractor-trailer accident which seriously injured a woman from Washington.  The Phelps County truck crash took place on Monday, July 5, amidst heavy holiday traffic.  The collision involved two separate tractor-trailer big rigs and caused traffic delays while crews and emergency personnel cleaned up the mess.  21 year-old Kaycie Brueggemann was seriously injured in the crash and was rushed to a nearby hospital for emergency treatment.  Brueggemann is a resident of Washington.

Tractor-trailer accidents are much more complicated than small passenger vehicle accidents due to the equipment involved and the laws that will apply to the case.  Both federal and state law are implicated any time there is a commercial motor vehicle 18-wheeler accident in the state of Missouri.  The lawyers at Schultz & Myers are focused on tractor-trailer accident injury litigation and have represented clients located throughout Missouri and the U.S.  Victims of big rig accidents are usually severely injured and have medical bills in excess of several hundred thousand dollars.  Compensation for an injury claim involving substantial economic damages can only be accomplished by use of industry experts and an aggressive legal team.  Experts in the fields of accident reconstruction, Federal Motor Carrier Safety Regulations, medicine, pain management, economics, and life-care planning are critical in order to obtain fair compensation for any truck accident injury claim.

Contact the Missouri truck accident injury lawyers at Schultz & Myers to discuss how to preserve a truck accident claim.  Crucial steps must be taken almost immediately after the truck crash in order to preserve evidence and avoid foul play.  Commercial trucking companies and their insurance companies will be working hard immediately following any Missouri tractor-trailer accident to minimize financial exposure.  Without the assistance of an experienced truck accident lawyer, a victim's chances at prevailing against these defendants are minimal. 

As a St. Louis Car Accident Lawyer, I am always asked by new client what the value of their car accident injury claim is.  The answer is not a simple one.  Any personal injury lawyer that is able to opine as to the value of an injury claim after first meeting with a new client is either purposely or mistakingly misleading the client.  The true value of an injury claim can only be determined when the victim has completed treatment OR when all treating doctors are in a position to forecast what the cost of future medical treatment will be.  Even the best doctors are not fortune tellers, they cannot forecast future medical costs with absolute certainty.  After it is all said and done, a lawyer can only offer a ballpark of what a car accident compensation claim is worth.

Compensation for injuries sustained in a serious car accident in Missouri depends on many factors, some of which have nothing to do with the injury victim.  For instance, the venue where the lawsuit will be filed factors into value.  Venue is a procedural law in which a lawyer must observe and file a civil injury lawsuit in a certain Missouri county or city circuit court.  The current venue laws in Missouri require a plaintiff to file his or her injury lawsuit in the county or city where the car accident took place.  Rural venues such as Audrain County, Butler County, and Clay County typically offer rather conservative jury pools, where a plaintiff can reasonably anticipate a verdict that is lower than an urban county such as St. Louis County or St. Charles County.  Venue is a value indicator that is often overlooked by less experienced Missouri personal injury lawyers.

Medical bills, lost wages, future medical costs, emotional damages, and pain & suffering all play a large part of how to value a car accident personal injury claim.  Medical bills and lost wages make up the economic damage component of the claim, while emotional damages and pain & suffering comprise the non-economic damage portion of the claim.  Age, marital status, economic status, and other factors also effect the value of the claim.  Younger plaintiff's can typically expect to obtain more compensation for their personal injuries, especially if the injuries are permanent.  Keep in mind that even soft-tissue injuries such as disc herneation and whiplash injuries can be categorized as permanent.

The first step to understanding the value of your Missouri car accident injury claim is to contact a St. Louis personal injury lawyer.  An experienced injury lawyer can discuss all the components that will effect the value of your specific case and offer advice on how to protect this value from being minimized by an insurance claims adjuster.  Contact a Missouri personal injury lawyer by calling (866) 840-3636 or locally at (314) 448-0934.

Our St. Louis personal injury lawyers have received several calls from victims of the fatal truck crash that occurred in Jefferson County last week.  The facts of the crash are all too familiar for the resides of the St. Louis metropolitan area.  An inattentive tractor-trailer driver crashes into traffic on a major interstate highway, causing serious injuries and fatalities.  In this most recent crash, two motorists lost their lives, one at the scene and another shortly thereafter at the hospital.

As St. Louis personal injury lawyers, our firm must immediately request preservation of evidence involved in any serious car accident or tractor-trailer crash.  For accidents involving newer cars and trucks, we can secure the electronic control module (ECM) and download critical data that may help prove liability in a personal injury accident claim for compensation.  Data from the ECM doesn't lie, and often times this information can be used in court or a mediation to motivate the defendant's insurance company to settle the case for a substantial amount of compensation.

Tractor-trailer accidents in Missouri are particularly complicated because they involve both state and federal laws.  These types of injury claims typically result in heated litigation and heavily contested issues of law and fact.  The insurance company for the trucking company will pay hundreds of thousands of dollars to fight innocent victims in court.  These companies have deep pockets and it isn't uncommon for them to hire multiple defense lawyers to defend a truck crash injury claim. 

Contact a Missouri personal injury lawyer at Schultz & Myers for advice on how to proceed with your claim for compensation.  Consultations are the firm are always free and you will always speak with a lawyer, not support staff.  Don't be victimized twice. Call today at (314) 448-0934 or toll-free at (866) 840-3636.

The Missouri Highway Patrol has confirmed the cause of the tractor-trailer crash in Herculaneum that killed two and seriously injured several others.  Authorities claim that 32 year-old truck driver Jay Valentine of Huntsville Texas took his eyes off the road long enough to miss traffic slowing down in front of his semi-truck.  When Valentine glanced back at the road it was too late, and a rear-end chain reaction crash that involved eight vehicles took place.  Names of the two killed in the crash have not yet been released, but police say they are a 52 year-old man and 28 year-old woman from Festus.  One person was pronounced dead at the scene, while the other was rush to a local hospital but unable to recover due to the catastrophic nature of the injuries. 

Cpl. Jeff Wilson obtained a statement from Valentine that he "looked over his to his right, and looked back, and traffic had slowed."  The tractor-trailer first struck a small Ford Focus, dragging it for over 100 yards.  The Focus was hard recognizable from the crash, and resulted in the death of the 52 year-old Festus man.  The man may not have survived, even if he was in a tank, given the rate of speed at impact.  The 28 year-old Festus woman who died at St. Louis University Hospital was driving a Pontiac Vibe, which is a smaller passenger vehicle, similar to the Focus.

The facts of this fatal Herculaneum truck crash are strikingly similar to the crash which occurred on Highway 64/40 near the Mason Road exit in 2008, which resulted in three fatalities.  Truck driver inattention is a serious safety concern, especially in urban areas where traffic congestion can occur at the blink of an eye.  It is unclear whether Valentine was using his cell phone at the time of this crash, but a Herculaneum truck crash attorney will certainly subpoena his mobile records to find out.  Use of a cell phone by truck drivers is currently the topic of a major debate amongst federal and state safety officials.    

Authorities are still investigating a fatal truck accident that took place on Interstate 55 in southern Missouri on Wednesday afternoon.  The serious crash closed down northbound I-55 for several hours.  Because the crash involved a fatality and a commercial motor vehicle, the Missouri State Highway Patrol called in an accident reconstruction team.  Typically a crash reconstruction involving this level of injury and number of vehicles will take several weeks to complete.  The reconstruction report will include detailed data gathered from the scene, including witness statements, sight distances, skid marks, vehicle data, and weather information.

The 5 o-clock news interviewed a trooper from the Missouri Highway Patrol who stated that the crash was likely caused by the "inattention of the semi-truck driver."  The collision involved 8 vehicles.  The driver of the vehicle that was first in line was pronounced dead at the scene.  Another woman died shortly after being admitted to the hospital.  Several other motorists and passengers were injured in the crash.  Witnesses state that the tractor-trailer just plowed into slowing traffic.  It is unclear at this time whether the truck driver will face criminal charges. 

A Herculaneum 18-wheeler accident lawyer must request a Circuit Court Order commanding preservation of the electronic control module (ECM) located on the tractor-trailer.  A competent accident investigator and engineer can download data located on the truck's ECM to assist in determining the cause of the crash.  Typically this data will include speed of the truck, gear number, and rpm of the truck at the time leading up to the collision.  This data is critical in assisting a Missouri personal injury lawyer in presenting a claim against the truck driver and his commercial motor carrier.  Contact a top 100 trial lawyer at Schultz Legal Group today by calling (314) 448-0934. 

St. Louis Personal Injury Lawyer Stephen Schultz recently announced the formation of his premier Missouri injury law firm, Schultz & Myers LLC.  Schultz, who was already solely dedicated to the representation of victims of serious injury and death claims, will continue to focus on Missouri car accidents, Missouri tractor-trailer accidents, Missouri motorcycle accidents, Missouri wrongful death claims, Missouri slip & fall claims, Missouri medical malpractice claims, Missouri products liability claims, and nationwide drug recall injury claims.  His partner, Joshua Myers, will also offer representation in these practice areas, expanding the reach of the law firm from Missouri to Illinois as well. 

Stephen Schultz has been featured in numerous public and legal periodicals, including the St. Louis Post Dispatch, The Examiner, The Countian, Missouri Lawyers Weekly, to name just a few.  Schultz is a lifetime member of the Multi-Million Dollar Advocates Forum and recognized as a Top 100 trial lawyer in Missouri by the American Trial Lawyers Association.  Schultz & Myers LLC will be headquartered in Chesterfield Missouri, near the highway 40/270 interchange.  The office location is very close to where Stephen was born and raised.  His high school, Christian Brothers College High School, is located less than a mile from the law firm.

The St. Louis personal injury lawyers at Schultz & Myers LLC can be reached by calling (314) 448-0934, or toll-free (866) 840-3636.  Stephen can also be reached 24 hours a day by email.  His motto, "don't be victimized twice", will continue on at Schultz & Myers LLC.  

Authorities responded to a fatal tractor-trailer crash on Interstate 70 at McKelvey early Monday morning.  48 year-old Wayne Knickmeyer was driving a Volvo semi-truck westbound when he lost two wheels from the dual axle of his big rig.  One of the wheels bounced over the concrete median and struck a Dodge Durango being driven by Brandon Haskin of St. Peters.  The large truck tire impacted Haskin's windshield at over 50 miles per hour.  His SUV then collided into a Nissan Altima driven by Jamie DuBoise.  24 year-old Haskin was pronounced dead upon arrival by EMS, while DuBoise was transported to DuPaul hospital for treatment.  Authorities ruled the cause of the collision as equipment failure, but declined to file charges against the truck driver at this time. 

A preliminary investigation by the highway patrol discovered that Knickmeyer had recently had his 2008 Volvo tractor serviced by a truck dealer.  This is critical evidence, and a Missouri truck accident injury lawyer will certainly look to the service center to explain how and why the lug nuts on Knickmeyer's truck were not securely fastened.  One of the first things that must be done in a case like this is for a lawyer to file a protective order with the court to secure the 2008 tractor and trailer.  In any equipment failure case, the truck and trailer must be preserved in their current condition, prior to any further repairs being completed.  If the truck is altered in any way, the victims' family may have a harder time proving that equipment failure was the proximate cause of the crash.  A Missouri injury lawyer will hire an engineer and safety analyst to download the truck's electronic control module (ECM) to pull all raw data stored just before the wheel was lost from the truck.

Missouri has a three year statute of limitations for any tractor-trailer wrongful death claim.  However, fatal claims involving a commercial motor vehicle must be prosecuted immediately before evidence is lost, manipulated, or destroyed.  All maintenance records for the 2008 Volvo must be preserved to determine the service history of the truck from day one.  Reconciling service records with vehicle inspection reports may shed light on exactly who is to share blame for the cause of this preventable fatal crash.  Almost all equipment failure cases involving a tractor-trailer could have been prevented.  Aggressive legal representation by a Missouri truck accident injury lawyer may help send a message to those persons who think anything less than "the highest degree of care" is adequate in the service, maintenance, and operation of a 60,000 pound tractor-trailer.