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Missouri Dram Shop Lawsuits Can Result From More Than a St. Louis Drunk Driving Accident

Missouri Dram Shop Liability Lawyer — Wed, 09 May 2012 01:33:00 GMT

St. Louis drunk driving accidents commonly involve high-speed collisions, catastrophic or fatal injuries, and low amounts of insurance coverage. It is up to an experienced Missouri dram shop lawyer to investigate each DUI accident for a potential liability claim against the bar, restaurant, or tavern that happened to be serving intoxicating liquors to the driver who caused the crash. Dram shop liability lawsuits have quite a few challenges that must be addressed very carefully if your lawyer intends on presenting the evidence necessary to win your case. Missouri dram shop cases can include not only restaurants and bars, but also convenient stores and grocery stores that also have a liquor license. It is the liquor license that carries with it responsibility to the public not to overserve already intoxicated patrons.

Some states don't even allow for a cause of legal action based on dram shop liability. And those states that do allow for causes of action based on civil dram shop liability, do so on a very limited basis. There are two very hard pieces of the puzzle to fit in any Missouri dram shop lawsuit. First is proximate cause...meaning, as a matter of law, is there a direct causal relationship between the vendor's sale of alcohol and the plaintiff's injuries. Courts are generally reluctant to shift liability from the drunk driver to the bar. After all, was it the bar's actions (or inactions) that directly caused the injuries to the plaintiff? As skilled dram shop lawyers, we have to make leap and prove the relationship to the jury.

Evidence of the level of intoxication of the drunk driver at the time he/she was actually consuming the alcohol is critical in a winning dram shop case. Our dram shop lawyers use toxicologists and pharmacologists to analyze bar tabs, BAC (blood alcohol content) levels, and other evidence to extrapolate someone's level of intoxication at a particular point in time. This evidence is important to prove whether or not the person serving the alcohol SHOULD have known that the patron was too intoxicated to continue with additional consumption. A toxicologist is used to explain to the jury that a particular person who have been exhibiting "signs of visible intoxication" at a particular time, and that the bar or waitress shoud have picked up on those signs of intoxication and cut off the patron.

Jurors are skeptical of dram shop lawsuits. Your lawyer has to be fully prepared to deal with the potential piftalls and challenges inherent in each liquor liability case. Roughly 11,000 people die in drunk driving car accidents each year in the United States (according to the Wall Street Journal). As lawyers and protectors of the community, we must do our best to hold all persons accountable for causing, or contributing to causing, the crash. That includes investigating the possiblity of a potential dram shop allegation in each DUI car accident injury or fatality.

To learn more about these types of claims and Missouri dram shop liquor liability cases, contact St. Louis dram shop attorney Stephen Schultz. Mr. Schultz has successfully handled numerous high profile dram shop lawsuits across the state of Missouri. For his efforts at protecting the community in this regards, he has been featured in local and national news and legal periodicals. Contact Mr. Schultz and his talented group of lawyers by calling toll-free (866) 840-3636.

Magic Formula of 3X Medical for a Personal Injury Settlement?

Missouri Personal Injury Lawyer — Mon, 30 Apr 2012 16:37:00 GMT

There are myths out there in the field of personal injury law, both with lawyers and with the public in general. When you are injured in some type of accident, you have a legal right to seek and obtain fair compensation from the person or company that was negligent in causing you harm. Sometimes the only negligent person was yourself, in which you have no personal injury claim. But when there is legal liability against another, you can hire a personal injury lawyer to seek compensation from that party and its liability insurance carrier.

So what is your claim worth? Friends or research on the internet may lead you to conflicting conclusions. To obtain accurate advice on what an injury claim is valued at, you must contact an experienced Missouri injury lawyer and run your set of facts through him/her. First and foremost, there is no magical formula for what your claim will be worth. There are no equations and or guidance in this area, with the exception to workers' compensaton laws, but we are not talking about workers compensation settlements in this post, merely injury claims arising from motor vehicle accidents, slip & falls, products liability, etc.

There is bad advice out there that all injury claims are valued at 3X medical. This misconception is formulated as follows (3 x Medical Bills = Settlement). This formula has no real basis in practice, at least not in our Missouri injury law practice. Each claim is individual and value is based on hundreds of factors, not just the injury. Just a sampling of examples that affect value include: Are there aggravating circumstances to the accident (ie: prior traffic convictions, cellphone use, etc), what is the venue of the case (ie: which jurisdiction will the case be heard), potential future medical complications (ie: requires testimony from treating physicians), prior injuries to same body parts (ie: prior accidents injuring the same body parts, prior surgeries, etc), and much more.

Don't even let anyone tell you that your injury claim is worth 3x your medical expenses. That's just bad legal advice and if you rely on it, you will be shortchanging yourself. What is 100% true is that each personal injury lawsuit and claim for compensation is unique and has its own "settlement formula." As an injury victim, you have but 1 opportunity to obtain maximum value for your case. If your injury attorney fails to take in ALL of the factors that affect value, you will end up victimized for a second time. Contacting the best injury lawyer in Missouri from the start is key to obtaining fair value for your case.

Author Stephen Schultz is a personal injury lawyer and director of one of the most prestigious injury law firms in Missouri. His law practice has offices in St. Louis, Chicago, and Bentonville, AR. His lawyers are recognized for their ability to obtain maximum settlement value for clients and top verdicts when the cases need to go to trial. Mr. Schultz can be contacted at (314) 448-0934.

Health Insurance Subrogation Reimbursement Claim After an Accident

Car Accident Insurance Claim Lawyer — Mon, 23 Apr 2012 01:43:00 GMT

You have been the unfortunate vicitm of a car accident. You have sustained some injuries from the crash and were checked out at a local hospital, which then recommended that you obtain follow-up care from your primary care physician. You followed doctors orders and your car accident attorney is prepared to submit a settlement demand to the car insurance company for the at-fault party. There is a roadblock though. You have health insurance, who has paid some of your medical bills. Your health insurance company has sent you or your attorney a "subrogation questionaire" and is asking questions about how the car crash took place and information on all of the car insurance companies involved in the handling of the claim. Your response to this line of questioning will ultimately have a direct impact on the amount of money you actually pocket from your injury claim.

Health insurance companies are all over personal injury settlements. They want to be reimbursed for the costs they had to pay hospitals and doctors to treat you for injuries from the wreck. These health insurance giants argue that if you are getting a settlement for your injuries, shouldn't they share in some of the economic recovery? As an experienced accident injury lawyer who handles these situations on a daily basis, I say "NO WAY"! Health insurance companies can make the life of an injury victim more difficult that it already is by essentially robbing you of fair compensation by asserting a "health insurance subrogation lien" on your injuy case. They will contact the car insurance company of the at-fault and demand that you are not paid any kind of settlement until their subrogation lien is paid. How unfair is that? We think it is very unfair!

So can a health insurance company get some of your settlement money? The answer is not simple and it depends on several factors. First and foremost, a lawyer must go over your actual health insurance contract carefully to determine whether there is a reimbursement (aka "subrogation") provision in the contact. Second, your attorney must research whether that particular subrogation provision, if it exists, is actually enforceable in your specific situation. Third, your lawyer will request various documents from your health insurance company to determine whether they are claiming "ERISA" privileges. Lastly, your personal injury lawyer will fight to invalidate the health insurance subrogation claim. At the very least, your lawyer will seek a modest reduction in any reimbursement claim. In some cases, the seasoned injury attorneys at our Missouri law firm are able to void the health insurance subrogation claim all together!

If you do not have a lawyer and engage health insurance subrogation on your own, one of two things are certain to happen. First, you will end up reimbursing the full amount of the subrogation lien to your own detriment. Second, you will attempt to invalidate the lien and your own health insurance company will file a lawsuit against you or cut off all benefits from that point forward. These are two potential outcomes that you do not want! At the very least, do your due diligence and contact a St. Louis injury attorney to discuss any health insurance subrogation issues in your case. It is important to instruct your lawyer to deal with these important issues. Some lawyers do not fully understand health insurance subrogation laws and will either run from the lien or pay too much to settle it.

St. Louis Car Accident Spine Sprain Strain - What is it?

St. Louis car accident lawyer — Sat, 21 Apr 2012 19:43:00 GMT

I can't tell you how often our St. Louis-based Missouri injury attorneys receive phone calls from good people hurt in bad automobile accidents. Of those phone calls, most involve some type of claim for back, neck, or spine injury relating to the wreck. To even more specific, many victims report that they went to the emergency room on the day of the crash and were checked out by trauma staff for any fractures or serious injuries. Typically xrays are done to rule out any fracture. If a patient makes complaints of neck (whiplash) or low back pain, the hospital will typically classify that type of car accident injury as a "sprain" or "strain." So if you suffer from whiplash, the emergency room will classify that injury as a neck sprain or cervical strain, unless of course the xrays come back positive for fracture.

Patients suffering from these types of ailments will be discharged with papers from the ER that will usually say something like "MVA cervical strain", meaning "motor vehicle neck whiplash." What is the medical significance of this injury? Well it is hard to say immediately after discharge from the ER because patients are commonly prescribed Flexeril (muscle relaxant) or hydrocodone (narcotic pain releiver) and the muscles become somewhat dulled to the pain. This can cause a masking effect of the real injury and the patient can be under a false sense of recovery. This is yet another reason why it is a big mistake to talk to an insurance claim adjuster to discuss the significance of your injuries. At this early stage there is just no way to know how badly you are injured from the car crash.

Neck sprain, lumbar strain, whiplash, etc, are all classified as soft-tissue injuries. Now don't be fooled into thinking that all soft-tissue injuries are minor. In fact, our lawyers have represented hundreds of clients with significant soft-tissue injuries that have required extensive medical treatment to care for. Understand that hospital emergency rooms are there to diagnose and treat trauma. These busy facilities rarely classify a sprain or strain as a catastrophic injury, yet that should give you a sense of security that the injury is insignificant or will just "go away" with time. In fact, orthopedists and neurologists commonly agree that car accident soft-tissue injuries such as herniated discs or "slipped discs" are actually permanent injuries that may become less painful with proper treatment and time, but will never completely "go away."

The xrays done at the emergency room only show bone and will not identifiy the extent of the sprain/strain. Only MRI, CT, and Myleogram will show your treating physician what kind of soft-tissue injury was caused by the wreck and how bad it is. For example, a herniated disc is something that can be classified as a neck sprain, yet it can lead to nerve root impingement and radicular-type symptoms, which include numbness and tingling in your arms and hands. These are significant injuries that all began with the simple diagnosis of a sprain or strain.

If you have questions about a car accident that caused neck sprain, lumbar strain, or other type of soft-tissue injury, contact experienced injury attorney Stephen Schultz and get his team of lawyers working to protect your rights. Now more than ever, car insurance companies fight soft-tissue injury claims with a vengance. Why? Because for some reason insurance claims adjusters just don't understand that a neck sprain or lumbar strain can be a very serious injury, potentially requiring months or years of physical therapy or even surgery.

St. Louis Car Accident Police Report - How Important Are They to Your Case?

St. Louis car accident attorney — Tue, 17 Apr 2012 00:44:00 GMT

One of the most common pieces of advice in any auto accident situation is to contact police and request that a police report be logged by authorities. There are obvious advantages to having a police report done. There are also some disadvantages that most of us don't think about untill we are wrapped up in a heated battle with a large insurance company. Generally police reports are not admissible in a civil injury lawsuit. These reports contain multiple levels of hearsay. Not to mention, police document their own opinions of what caused a crash. These opinions are located in the "probably contributing circumstances" section of the accident report. All incident reports in Missouri and Illinois contain sections such as these. A reporting officer will discuss the accident with the parties and also any witnesses on scene. Then the officer will incorporate these statements into the narrative section of the report.

Police reports generally take 5-7 days to complete after a car accident. You have to understand that police departments are overworked and understaffed. Couple that with a voluminous amount of paperwork that each officer must complete each shift and you are better able to put this in perspective. A police report is reviewed by a superior officer and then either approved or sent back to the reporting officer for corrections. If you are unhappy with the findings in a police report, seldom do authorities agree to amend or supplment substantive findings in a police accident investigation report.

Insurance companies rely heavily on the opinions of the reporting officer on scene, even when this conflicts with other evidence gathered by the parties themselves. Insurance companies take the position that the parties are influenced by factors that may alter the truth of their statements in time...with exception to those statements they make to police at the accident scene.

When there is a fatal car accident, authorities may take investigations one step further and do an accident reconstruction investigation in which the major crash unit will do a complete analysis of the crash. Accident reconstruction investigations typically require 6-8 weeks of time to complete. Parties are encouraged to be patient during this time. It is usually worth the wait however, as these reconstruction reports provide invaluable evidence that your car accident lawyer may use in representing the wrongful death claim filed by surviving family members.

To request a free copy of the police report in your case, contact the St. Louis car accident attorneys at Schultz Legal Group. Our attorneys will investigate your claim, starting with the police report and our own independent investigation, which includes obtaining photographs of the scene and vehicles, and obtaining recorded statements of all persons of interest. Our lawyers can be reached at (314) 732-1401.

Car Accident Knee Injury Lawyer in St. Louis Talks About Compensation

St. Louis knee injury lawyer — Fri, 13 Apr 2012 00:38:00 GMT

Its not uncommon for head-on car accidents or broad-side collisions to cause knee trauma. Even when the driver and passengers are wearing seatbelts, the potential for a knee injury is high because cars are designed to essentially crumple. These crumple zones can encroach on the cabin of the vehicle and cause impact to the patella (kneecap). As a result, you can experience a fracture or joint strain. The joint of the knee itself is made up of ligaments and tendons that can become strained or sprained. A victim sustaining this type of injury may require hospitlization on the day of the crash and months of follow-up treatment, including physical therapy, injections, and even surgery. Visiting with a St. Louis injury lawyer about your car accident knee injury is critical because without the assistance of an experienced litigator, your chances of maximum financial recovery are low.

Knee injuries are second in severity only to back injuries from a car accident. These types of traumas can result in time off work. Many victims of car accidents who end up missing work are also at risk of being fired from their jobs. Because Missouri is an "at-will" employment state, your employer can let you go for just about any reason, other than for a constitutionally protected right. So in effect, a knee injury can cause a snowball effect of problems, from medical bills to lost wages, and pain and suffering to emotional damages. Dealing with a knee pain is a daily siege of willpower. Every step can be debilitating for the victim.

Motorcycle accidents and slip & fall injuries can also cause a serious knee injury. When speaking with your lawyer about a claim, make sure and document all of the ways that you injury has negatively impacted your life. Its a good idea to put this on paper so that when the time comes to tell your story, you and your lawyer can sit down and reveiw your notes. You would be suprised how effective this can be when seeking compensation from the insurance company and at-fault party.

Speaking with a Missouri accident lawyer at Schultz Legal Group is a good step towards learning your rights and protecting your personal injury claim. The consultations are always free. There is no risk in at least getting answers to your questions. Some victims of car accidents believe if that ask for something fair, that the insurance claims adjuster will likely pay it without the need of a lawyer. That is rarely, if ever, true.

Motorcycle Accident Lawyer Stands up for Fellow Riders in St. Louis

St. Louis motorcycle accident lawyer — Wed, 04 Apr 2012 01:15:00 GMT

Spring came early this year and the weather has many riders itching to get out and enjoy the open road on their motorcycles. With the influx of bikes on the road, motorcycle accidents are bound to happen. As a law firm that is owned by a motorcycle enthusiast himself, we relate to victims of motorcycle accidents throughout Missouri. So what message do we want to convey to citizens of our state? Essentially, our St. Louis motorcycle accident lawyers want the public to be aware of their surroundings on the road. We all need to share the road with folks on motorcycles. With the sharp increase in gas prices recently, we all know a handful of people who have traded in thier gas guzzler for the economic efficiency of a motorcycle.

More operators are taking their motorcycles to and from work now. Traffic congestion is one of the leading environments for accidents involving serious injuries and even fatalities. Cars switching lanes in traffic are more likely to bump a rider off his bike or even force him/her off the road and into oncoming traffic, a median, or ditch. All of the protective gear in the world won't be enough to completely shield the motorcyclist from road rash, bone fracture, joint injury, scar & disfigurement, motorcycle brain injury, and other debilitating trauma.

Motorcycle owners have a right to a fair and impartial jury when they file an injury claim. Unfortunately, many juries have a bias against owners of motorcycles. Fact of the matter is that most motorcyclists are safe riders. It is often the driver of the automobile that claims that "I didn't see the motorcycle" or "I didn't hear the motorcycle" or "the motorcycle was concealed by the sun or a traffic sign." The laundry list of excuses can be long. As a law firm who employs several lawyers who are motorcycle operators themselves, we are passionate about dealing with the biases.

When it comes time to hiring the best motorcycle accident lawyers in St. Louis Missouri, call (314) 448-0934 and get the experience and dedication of Schultz Legal Group on your side. Free consultations are offered each day by lawyers in our office. You will meet with an actual lawyer, not a "runner" or paralegal.

Can a Back Spine Injury be Caused in a Car Accident?

St. Louis back pain car accident lawyer — Sun, 01 Apr 2012 23:31:00 GMT

How common are back injuries in car accidents? This is a question that our back injury car accident lawyers deal with almost every day in our law practice. It is a question that most lawyers and orthopedists will actually agree on, and believe it, doctors and lawyers generally don't agree on much! Broadside collisions, rear-end accidents, rollover accidents, and truck accidents all have one thing in common - they cause moderate to severe strain on your spine. This includes the discs, tendons, nerves, and muscles that make up your spine and spinal cord. You rarely meet a person involved in a crash who has not experienced some degree of chronic back pain.

If you are involved in a crash, I can tell you from personal experience (both legal and in my personal life), that the steps you take in the days and weeks following the collision will have a direct result on your overall health and your case. Let's first address the health part. A common misconception is that "things will get better on their own." They rarely do. Second, going straight to the chiropractor after a car accident is NOT a smart move. Think about it...Do you think twisting and torquing your spine and discs by a chiropractor is medically-prudent when your spine is already torqued from the g-forces of a car accident? NO. In fact, you can do additional harm to your spine if you go this route. Our car accident attorneys are not claiming that chiropractors do not serve a purpose. They do. But not in the days, weeks, or even months following a motor vehicle accident.

Instead, the smart thing to do is get an initial diagnosis by trauma personnel at the nearest hospital, then follow up with your primary care doctor and seek a referral to a specialist such as an orthopedist or neurologist. And do these things in that order. It's smart medicine. Hospitals will likely provide x-rays to check for broken bones. Your primary care doctor and specialists will then set you up with a MRI, which is the most effective and efficient diagnostic imaging study available to diagnose soft-tissue injury from a car accident. These "soft-tissue" injuries can include herniated discs, bulging discs, muscle strains, and muscle sprains. Whiplash also falls into this category.

Now on to your case...so why are these steps important to your case? Insurance companies question and scrutinize everything a car accident victim does. If you wait two days to get medical treatment for the first time after a crash, they will say you are not hurt. If you get treatment from a chiropractor instead of an actual doctor, they will question the benefit of the treatment and likely deny the claim. If you only get treatment from a hospital and don't follow up with a primary doctor or a specialist, they will say your injuries were temporary and are now completely healed. Our St. Louis car accident lawyers deal with these types of car insurance companies in court each day. These are battles we fight day in and day out for our injured clients and their families.

So what can you do to increase your chances of healing after a crash AND getting a fair settlement for your claim? First, follow the advice of an injury lawyer who is the president of one of Missouri and Illinois' most sucessfull law firms and obtain the competent medical care described above. Then, call me directly at (314) 732-1401 or toll-free at (866) 840-3636. Our St. Louis accident attorneys will protect you and your claim. It is something we do very well (according to clients, reviews, peers, magazines, verdict & settlement reports, local news stations, and legal rating organizations).

How to Find out Insurance Policy Limits of the Person Who Caused a Car Crash

St. Louis Car Accident Injury Lawyer — Tue, 20 Mar 2012 01:13:00 GMT

When you are seriously injured in a car accident, the burden of proof is on you to present evidence of both fault (liability) and injuries (damages). Because the current state liability insurance limits in Missouri are $25,000 per person and $50,000 per accident, victims are often left without full compensation for their injuries. As a result, their car accident injury attorney must look to potential other avenues of financial compensation for the client. However, how do you know if the at-fault party has 25/50 in applicable coverage or more? First of all, no insurance company will ever dislose their customer's liability insurance limits to you without the assistance of an attorney. These insurance companies have strict procedures in place to rarely, if ever, disclose what the maximum amount of insurance is out there to compensate your injuries. It makes sense right? Why would an insurance company want to provide you with an idea of what compensation is out there to make you whole.

Our St. Louis car crash attorneys have seen it all. From insurance companies that conceal umbrella insurance coverage or excess insurance polices to failing to disclose other personal or business insurance coverages that could possibly provide an injured victim with additional settlement compensation. The only true way to find out what insurance coverage is out there to compensate your injury claim is for your attorney to file a lawsuit and seek this information in the course of written discovery. You see, once a personal injury lawsuit has been filed and the court system is involved, insurance companies cannot conceal coverage. Actually, technically they could, but the ramifications of concealing insurance coverage during litigation is punishable with sanctions up to and including "striking of the pleadings" and an adverse jury instruction at trial.

Finding out the insurance coverage policy limits for the at-fault party is important for several reasons. First, you need to know early on whether the other driver is adequately covered; at least with regards to whether the amount of policy limits will even be able to make you "whole." Second, if you have supplemental insurance coverage on your own policy, you need to put them on notice of certain aspects of your claim. But to even take this step with your own insurance carrier, you need to know what you are working with in total liability coverage. Third, if you are facing certain medical expenses which may completely exhaust total liability coverage, you need to know that from the start, before those costs are incurred. At the very least, this will provide you with an outlook on total recovery, and more importantly, what you will "net" in your pocket for lost wages, pain and suffering and other forms of damages that need to be obtained by your injury lawyer.

Being injured in a motor vehicle accident triggers an insurance claims process that is both complex and lengthy. Your St. Louis car crash attorney needs to understand how to handle your case in an efficient manner, while maximizing your compensation and preventing the case from dragging on for years. In some cases, you must take your claim to the courts. You may not have a choice in the matter. If liabilty or causation are heavily disputed, the case can drag on no matter how talented or experienced your accident lawyer is. At the end of the day, its important to make certain that you have legal representation that takes your interests to heart.

Investigating Nursing Home Abuse Claims in Missouri

Missouri Nursing Home Abuse Lawyer — Tue, 21 Feb 2012 03:17:00 GMT

When a loved one is injured in a nursing home, you may question whether there was something that the nursing home staff did to contribute to the cause of the injury. This is a difficult inquiry due to the extent of evidence necessary to prove a claim for elder neglect. The Nursing Home Reform Act provides some guidance on what retirement centers and nursing homes must do to prevent injury or death to residents. When it comes to placing a loved one in the care of a nursing home, the decision is difficult to make for everyone. Initial 'walk-throughs' can be decieving and you can be easily fooled into a sense of serenity and safety. However, when we file a nursing home abuse lawsuit, we peel back the curtain. You would be suprised what our St. Louis injury lawyers find when we take a closer look.

If you suspect that a loved one is being neglected at a nursing home, bring that to the attention of the nursing home administrator immediately and make sure it is documented. Request the opening of an invesitgation and follow through to discuss the results of that investigation with the administrator. In some cases, the resident is not capable of adequately communicating a problem at the nursing home. It will be up to the family to recognize if something strange is going on. Look for signs when you visit, such as unsanitary bedding, missing personal items, rude nursing home staff, and lack of attention from employees.

If your loved one has been injured, contact a St. Louis nursing home abuse lawyer immediately to discuss the steps necessary to protect your claim. Take that one step further and discuss your case with a second lawyer to see if there is a difference of opinion between the two attorneys. An experienced elder care neglect lawyer should not charge up front fees. Instead, your attorney should take on your case on a contigency fee basis. This means that you will not be required to pay any legal fees unless your case is won. Keep in mind that nursing home abuse cases are complex and expensive. They involve areas of both state and federal law that few attorneys have a clear understanding of. Selecting the best legal representation availble is critical.

The elderly have rights. In fact, the Federal Nursing Home Reform Act made it clear that nursing homes must provide top notch care to residents. We must be humane and compassionate in caring for our seniors. When that falls short, our nursing home abuse lawyers step in and seek justice on behalf of the victim and family. This process will be trying for the family.

What the Best Lawyers Charge as Contingency Fees for Legal Representation

Missouri Accident Attorney Stephen Schultz — Fri, 10 Feb 2012 04:32:00 GMT

When you have been involved in an accident, you usually incur some type of debt. That debt can come in the form of medical bills, lost wages, prescription medication costs, fuel expenses for travel to doctor's appointments, and other economic damages directly resulting from the negligence of someone else. The last thing you want to do is go pay some lawyer a retainer fee of several thousand dollars. After all, why should you be out MORE money before someone else was reckless and caused a serious injury or death?!? Well believe it or not, some lawyers will charge rediculous amounts of money as an up front retainer fee. Not the lawyers at Schultz & Myers! We have lawyers who have been in your shoes, seriously injured in a crash and in debt thousands of dollars. We empathize with your situation.

Our attorneys fees are charged strictly on a contingency basis...and that contigency is the successful outcome of your case. So we only charge attorneys' fees if we achieve a victory in your case. You will never get a bill from us and we will never call you to request an additional retainer fee. There is no financial risk for our clients. We find that by charging a contingency fee for personal injury claims, we join our clients, side by side, to fight for a win in each case. This may be a reason why our law firm has obtained tens of millions of dollars in settlements for injured clients. We work aggressively for each client, providing regular case updates along the way. It is probably a reason why past clients of our firm refer friends and family members to us again and again.

It is always smart for your attorney to explain the risks involved in pursuing any claim for personal injury against an insurance company or large corporate defendant. The fact is that you are david and they are goliath. However, with the assistance of a skilled St. Louis injury attorney, you can even the scales of justice and encourage a fair playing field in a court of law. And even though your case may need to be filed as a lawsuit, there is a good chance that your case can be settled without ever reaching a trial. If your attorney is effective and experienced, your chances at obtaining a settlement before trial are increased dramatically.

There is always a risk that you could lose your case. After all, there are no guarantees in litigation. Jury trials are completely unpredictable and suprises always come up along the way of any case. The key is to selecting an accident attorney whose legal representation is respected by insurance companies and defense lawyers. When you have a respected attorney representing you in a claim, the value of your claim is increased and the chances and settlement early on are a real possibility. Ask your attorney about the law firm accomplishments, track record of sucess and his/her strategy in your particular case. Asking more questions at the initial client interview sends a message to your lawyer - that you are vested in your claim.

Local Lawyer Stephen Schultz Featured in Best Lawyers in St. Louis Again for 2012

St. Louis personal injury attorney Stephen Schultz — Sun, 29 Jan 2012 03:29:00 GMT

February 2012 brings with it this year's Best Lawyers in St. Louis edition, which features some of the top personal injury attorneys in the region. Once again, Stephen Schultz was featured for providing dedicated legal representation to injury victims and the surviving families of wrongful death claims. This marks the 5th consecutive year for Schultz to be featured in the Best Lawyers edition of one of the area's most recognized magazines. He is a founding partner and managing director of Schultz Legal Group. With law offices in Missouri, Illinois, and Arkansas, his accident injury lawyers are nationally recognized in various areas of complex injury claims, especially catastrophic tractor-trailer accidents involving permanent injury such as TBI (traumatic brain injury).

Schultz is a native of St. Louis and has handled many high-profile cases throughout the state. Several of these cases, including dram shop claims, trucking accidents, and wrongful death claims, have been picked up by national news organizations. Schultz shys from the public spotlight however, and prefers to keep to himself, even when pressured by writers and newspapers for interviews to discuss his victories in the courts.

His law firm continues to fight for victims of negligence. Whether the defendant is a multi-billion dollar insurance company, trucking company, pharmaceutical drug manufacturer, automobile maker, or drunk driver, the firm provides individual personal service to each and every client. The business model of the law firm has never been to accept every single case that comes through the door. Schultz and his lawyers select new cases based upon a pledge to provide each client with the focus and personal attention that most injury lawyers fail to provide. In fact, the primary complaint with clients of other "by the numbers" law firms is that they never hear from their attorney, have no idea what is going on with their case, and struggle to get return phone calls within the same week.

Part of the reason Stephen Schultz has been such a successful attorney is that he works closely with each client. This means constant communication, regular updates, and a bond that lasts well after the case has been resolved. Most of his new clients are referred by past clients who were pleased with the level of legal representation provided and ultimately, a successful outcome.

As a St. Louis personal injury attorney, you must be willing to provide top notch legal advice, followed by the powerful advocacy necessary to win in today's tort-reform world, where the insurance companys and negligent corporations spend millions of dollars to lobby in favor of limiting the rights of innocent injury victims. It really is sad. In many cases, it is hard to get a fair shake at compensation when you have jurors that have been brainwashed by inaccurate, false, and misleading information provided by insurance company lobbyists.

Stephen Schultz will continue to provide free consultations to victims and their families, and aggressive legal representation for each client. To learn more about Stephen and his law firm philosophy, visit www.schultzlegalgroup.com, or call his office for immediate assistance.

Jury Holds Ford Motor Company Accountable for Product Defect Claims Resulting in Fatal Injury

Missouri Product Defect Lawyer — Mon, 09 Jan 2012 02:56:00 GMT

The defective product lawyer who sued Ford Motor Company in California got a call from defense lawyers representing Ford at 5:30am in an effort to settle the case. Thankfully for his injured clients and grieving family, the lawyer told Ford attorneys that "it was too late for that." The claims against Ford included a conspiracy to hide information from consumers that the tires on their vehicles were defective and that tread could separate, causing a serious or fatal auto accident. Ford really wanted to settle the case at the eleventh hour and enter into a confidential agreement with victims and their families, but that didn't happen. After hearing evidence the jury returned a total verdict against Ford in the amount of $73 Million.

The foreman of the jury had this to say about Ford,"for a company that is that large and a company that has gone through several of those experiences in the past, for them (Ford) to not make the choice to make as many people aware as possible-just to increase th odds that more people woudl get those tires off their vehicles-that, to me, that's why I did the first at the end"

The product liability claim involved Ford's 15-passenger Econoline van. Coming off a $2 Billion dollar Firestone recall, Ford decided to conceal information that Goodyear tires also installed on the van were defective. The jury also came to the conclusion that the design of the van caused it not to perform safely. The crash took place in April 2004, and killed two church members from the Sacramento area. Witnesses claim that the van started to shake as tread separated from the tire, resulting in the van spinning out of control and rolling several times.

The jury in this particular case found that Ford Motor Company "acted out of malice or oppression" in not passing along the information about the defective tires to the general public and Ford customers. Claims against a manufacturer for a defective product require the assistance of an experienced product liability attorney. Evidence is critical in these types of cases, and experts must be hired by your lawyer to investigate and test the product to determine if it was in fact defective. This case is much different that a claim for defective design of a product.

If you suspect that a defective product was the cause of your injury or the death of a loved one, contact an attorney immediately by calling (866) 840-3636 and discuss the facts of your particular case. If a lawyer does not secure evidence from the beginning of your case, the chances of obtaining fair compensation and justice are minimal.

Stephen Schultz admitted into the Northern District Court of Illinois to handle high-profile commercial truck case

Tractor-trailer accident lawyer — Mon, 02 Jan 2012 04:22:00 GMT

Commercial motor vehicle (CMV) accident cases are one of the specialties of Schultz Legal Group. Our lawyers are highly trained in the complex aspects of lawsuits that involve tractor-trailers, dump trucks, and other vehicles that weigh in excess of 26,000 pounds. Commercial motor vehicle litigation is some of the most heated, lengthy, expensive case type in existence. These cases regularly involve countless experts in the fields of trucking safety, accident reconstruction, economics, future medical needs (life-care), and other areas of liability and causation.

Stephen Schultz is an experienced tractor-trailer accident lawyer based in St. Louis, Missouri, However, he represents victims in states across the country. "Tractor-trailer accidents happen all over the place, and our firm is quickly becoming a nationally recognized powerhouse in commercial motor vehicle litigation," says Schultz, "Our law firm focuses on truck accidents and as a result, other lawyers refer their truck accident cases to us for aggressive handling."

Most recently, Schultz was admitted to the Federal Court for the Northern District of Illinois. The courthouse, which is located in Chicago, was the most recent place the firm filed on of its high-profile truck accident injury lawsuits. The firm is well-known for taking semi-truck lawsuits to a verdict if the trucking company, truck driver, and insurance company do not adequately compensate a client. Filing a lawsuit quickly in these types of cases is critical, as trucking companies and the insurance companies that provide liability coverage for their accidents are both known to spoliate (destroy) evidence. Given the compensation at stake in these types of cases, the defendants will go to great lengths to minimize the money paid to an innocent victim. It really is sad.

Written discovery in a semi-truck lawsuit can result in the exchange of hundreds, even thousands, of documents. Driver log books, maintenance records, insurance agreements, independent operator lease contracts, comdata print out, bill of laidings, and other documents are commonly requested by a good attorney who really knowns what to look for in a truck case. These documents are usually used by your lawyer in oral discovery (depositions) when questioning the truck driver, trucking company safety director, and other persons of interest.

When looking for the best semi-truck accident lawyer, make sure to investigate the track record of verdicts and settlements, as well as the resources used by the firm in each complex trucking injury case. Asking lots of questions in an initial client interview is critical in selecting the right attorney for your truck case. Since most of these claims last months, even years, it is important to locate an attorney that compliments your personality and can advocate effectively for the long haul!

Winter Weather Conditions Bring Trecherous Roadways

Missouri personal injury attorney — Thu, 29 Dec 2011 17:12:00 GMT

Missouri State Highway Patrol, local police offices, and emergency responders have been exceptionally busy the last 24 hours with the season's first wave of winter weather. Rain and cooling temperatures brought snow to the area overnight, and many of us took to the roads today experiencing less than ideal road conditions – something we haven't seen in nearly a year. As we begin another season of snow, ice, and below-freezing temperatures, below are important reminders to help keep our roads as safe as possible:

· Only travel in inclement weather if necessary. The only way to avoid dangerous road conditions 100% is to stay off of the roads. If travel can be rearranged or postponed until roads are at improved conditions, do so.

· Allow for ample and extra time. Due to roads, slower speeds of drivers, and any potential back-ups, you will need more time than usual to reach your destination. Make sure to plan ahead so you are not rushing on dangerous roads.

· Maintain a safe distance between you and other vehicles around you. Sliding and skidding can happen immediately and without warning; keeping space between you and other cars may be the only opportunity you get to avoid a potential collision.

These remedial tips are those which most drivers are fairly familiar with. Unfortunately,negligent drivers often times fail to abide by these guidelines to maintain safe driving. No matter how cautious you may be in your vehicle during your travels, there is nothing to do to control the driving behaviors of others. Though winter weather will frequently be a contributing factor to auto accidents this season, it is not an excuse from responsibility for the at-fault driver.

If you or someone you know is injured in an auto accident by a careless driver – in or out of winter weather conditions – our car accident attorneys are here to help. Call to discuss details of your injury claim with an expert who handles claims similar to yours on a daily basis. Consultations are free of charge and without obligation. We fight to help innocently injured drivers recoup what they are entitled to as a result of a motor vehicle accident. If you feel you have been wronged by an insurance company or careless driver, invite us to work with you to maximize your recovery.