Recently in Wrongful Death Category

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.

Many people are hesitant to involve a personal injury attorney in their claim due to the fear of the unknown.  Though no two injury claims are exactly the same, most follow the same timeline of events.  After being involved in a situation that causes injury, it is in your best interest to seek immediate medical attention.  Documentation of your injuries through medical records and reports provides uncontested proof that you were injured as a result of an accident and were in enough pain to seek medical attention.  Once we have a better understanding of your exact injuries, we are able to refer you to a specialist who can use their expertise to further treat you. 

Most Missouri injury lawyers have close working relationships with many of Missouri's best doctors - all of which have the same goal: to help YOU. During the first phase of your claim, you are given a main focus and we (as your attorney) are given a main focus.  Yours is to obtain all recommended medical treatment.  The duration of your Missouri injury claim is the only time you will be able to receive medical treatment at the at-fault party's expense.  All charges for treatment incurred during this time is treated as addition to your final compensation amount. 

The focus of any experienced accident lawyer is concentrated on investigative work, gathering all details we can revolving around your case.  During this time, we are also able to assist you in finding, scheduling, and getting to your crucial medical appointments. Once your medical treatment is complete, we are able to move forward with establishing your claim's worth.  Together, we consider every aspect in which this injury has affected you and your lifestyle.  Some clients are able to fully recover physically and return to their lifestyle as it was prior to an accident.  Unfortunately, this is not always the case and clients are faced with a future of uncertainty.  Combining your physical, emotional, economical, and social losses, we fight hard to obtain a fair monetary amount to compensate you for this.  Our fight for this does not end until we (including YOU) are satisfied with a settlement. 

If a reasonable settlement offer is not agreed upon in a fair amount of time, a lawsuit is filed on your behalf in which we continue your legal battle for fair settlement.  Again, nothing is accepted without the knowledge and approval of a client. Upon settlement of your claim, we handle all remaining medical bills and account balances to ensure that nothing is lingering after a final settlement.  After reaching a settlement both the attorney and client are pleased with, all parties are able to continue with their lives as an injury claim being part of their past. A good lawyer prides himself on the ability to maintain open communication.  Clients always have access to attorney and staff office phones, email addresses, attorney cell phones, and office visits.  

Your injury claim is just that - yours.  You should never be left out of any communications regarding your case and should never be wondering the status of your case.  A compassionate St. Louis personal injury lawyer is available to discuss your case 24/7 and will come to you to address your concerns about the case.

Investigations continue after a bad accident in Springfield, MO, involving a dump truck and an ambulance.  Initial theories of what took place centered around the dump truck running almost directly into the ambulance as other motorists attempted to yield to the emergency vehicle.  Witnesses did confirm that the ambulance had its emergency flashing lights illuminated and sirens (whaler) on.  67 year-old James Pettibone of Greenfield was being transported to the hospital when the collision took place.  Mr. Pettibone did not survive the impact.  Also injured were ambulance personnel and the dump truck driver.  All in all, this was a severe truck vs. vehicle accident. 

Missouri law requires motorists and other vehicles to yield for emergency vehicles such as ambulances and firetrucks.  The penalty for failure to yield to these vehicles ranges from a traffic ticket to a civil lawsuit.  Failing to obey the Missouri Rules of the Road, and causing an accident resulting in personal injury or wrongful death, is actionable under the doctrine of negligence per se.  The legal theory is that if you disregard a statute that is intended to protect people from injury, that the defendant is "presumed" to be "negligent."  There are exceptions to this general rule, as well as applicable defenses.

Both vehicles involved in this crash were commercial motor vehicles.  They both have an electronic control module which can be retrieved and studied to discover what both vehicles were doing just prior to impact.  Forensic evidence such as this can assist a Missouri car accident lawyer in piecing together what happened. 

When you are involved in an accident with a tractor-trailer, the damage to your vehicle and injuries to your body can be overwhelming.  As an 18-wheeler truck accident lawyer, I can tell you that the road to recovery, both physically and economically, can take a long, long time.  Insurance companies that insure large commercial trucking companies now that time is on their side, not the injury victim or surviving family members.  The longer they make someone hold out for compensation, the more likely the victim is to accept a grossly unfair amount of money.  Its extremely unfair and people in this situation are definitely taken advantage of. 

A Missouri truck accident lawyer can even the playing field.  Lawyers are familiar with the complexity of the laws that govern the commercial trucking industry.  They know what to look for when investigating a case and prosecuting it to a successful outcome.  Insurance companies have high-paid legal defense teams on retainer that work behind the scenes from the start to undermine the credibility of any tractor-trailer accident claim.  Its only fair that the victim have an attorney on their side to balance the scales.

Stephen Schultz has been representing trucking accident victims for years.  He is a member of APITLA, a highly respected organization dedicated to protecting the rights of persons injured in truck accidents.  Mr. Schultz only represents plaintiffs, and does so with the same conviction he wish he had when he was seriously injured in an automobile collision prior to enrolling in law school.  He knows, from personal experience, what it feels like to be badly injured in a crash and not knowing who to turn to for compassionate legal representation and what to expect from a lawsuit or settlement.

For more information, truck accident lawyer Stephen Schultz can be reached by visiting his website, SchultzLegalGroup.com, or by calling toll-free (866) 840-3636.

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.