Missouri Injury Attorneys Answer Your Commonly Asked Questions
Frequently Asked Questions: St. Louis Personal Injury
If you have been injured in an accident, you are likely facing expensive medical care and lost wages, as well as mental and emotional anguish. With the help of a Missouri personal injury lawyer at our firm, you will have the opportunity to receive fair compensation for medical bills and pain and suffering. Of course, we are happy to answer any questions that you have during a free consultation, but we have included some frequently asked questions for your convenience. We hope you find them helpful.
Please note that many questions cannot be answered by a simple FAQ section of a website. For example, there are 'statute of limitations' that differ from state to state. A statute of limitations operates in such a way to completely bar a potential claim if it is not presented to the appropriate court in a timely manner. Therefore, we highly recommend that injury victims use this section as a reference only and to contact a skilled Missouri personal injury attorney at Schultz Legal Group immediately for a detailed case consultation.
What should I do following an automobile accident?
If you have been injured in any type of car accident, it is critical to immediately preserve evidence at the scene which may shed light on what happened, especially if you have a viable personal injury claim. Contact the local police department and request a crash report, collect contact information of any witnesses present on the scene, take photographs of the area and vehicles, and note the facts of the collision on a piece of paper. If you are injured, make certain to seek the appropriate diagnostic medical treatment immediately, which will become valuable in proving your case later on. In regards to medical attention, you should seek medical attention immediately even if you feel that you are not seriously injured. Injuries may be internal and often manifest themselves at a later date.
You should also call a Missouri injury attorney at Schultz Legal Group as soon as possible to help preserve any evidence and present your case to the parties liable. Remember, the insurance companies have lawyers on their side evaluating your claim. Don't be left without legal representation. Also be aware that Missouri has statutes of limitations in place that may forever bar your claim if it is not presented to the appropriate court in a timely manner.
Contact our personal injury lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form for immediate assistance.
What shouldn’t I do if I have been injured?
If you or a loved one has been injured, it should be your first priority to consult an experienced Missouri injury attorney following immediate medical treatment. There are several things you should not do, as they will likely have disastrous effects on your case such as:
Don't sign anything with anyone or any insurance company. Don't try to negotiate with the other person's insurance company, they don't make billions each year by fairly paying out claims. Don't make a statement of any kind, even if you are told it will be "off the record." Don't downplay your injuries or say they are not serious, as they may be worse than you think. The bottom line is that insurance companies often use unfair negotiation tactics before our attorneys get involved in the case. We find that on occasion the insurance claims adjuster clearly acted in bad faith or unethically in the handling of our client's injuries.
It is best to get advice from a skilled Missouri injury lawyer at Schultz Legal Group before taking any kind of action beyond seeking medical attention. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Am I required to give a recorded statement to the insurance company for the other party involved in the accident?
Absolutely not. You are not legally or otherwise obligated to give a recorded statement to the insurance company. More importantly, even the most sincere recorded statements are later used against the victim in an attempt to force an unfair settlement or deny liability completely. Occasionally our Missouri injury lawyers are retained after a recorded statement has been given to the defendant's insurance company. We understand this as a rookie mistake and luckily we have ways of preventing these statements from being used as admissible evidence against our clients.
Once a lawyer from Schultz Legal Group is on the case, our attorneys communicate with the insurance companies on your behalf so that all conversations protect your legal interests down the line. We do the negotiating, you do the recovery.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
How do I choose a Missouri injury attorney that is right for me?
This is a very serious consideration. Choosing the "right" Missouri injury lawyer is both an important and personal matter. Any injury victim likely has mounting medical bills, lost wages, and is suffering emotionally AND physically. Studies show that the primary concern of any injury victim when considering legal representation is the likelihood of a favorable outcome.
Unfortunately, not every lawyer can handle every type of case, even if they say they can on a television commercial or radio advertisement. Some firms handle each and every type of legal matter that walks in the front door. The problem here is that it is practically impossible to specialize in every area of law. Personal injury law itself is actually a very complicated area of practice which embodies broad Federal and Missouri state statutes, rules and ordinances. The Missouri injury lawyers at Schultz Legal Group only represent injury victims, and we are experts in this area. In fact, many of our colleagues refer us their injury cases because of our well-known reputation of obtaining
superior results.
The bottom line is that you should research the right lawyer and law firm to represent your particular interests. Stephen Schultz invites any potential injury claimant to call his office to personally discuss whether Schultz Legal Group is the right firm to prosecute your injury claim. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Can I deal with the insurance company myself?
In almost every situation, an injury victim will benefit from retaining a skilled attorney to represent their interests. Statistics prove that those who retain an injury attorney for representation consistently receive 6 times the amount recovered by those who choose to "go it alone" against the defendant's insurance company. If you decide to go it alone, we encourage you to first read inside information on how insurance companies evaluate bodily injury claims. In that regards, click here to learn more about how insurance companies regularly undervalue and/or deny bodily-injury claims.
Insurance companies hire skilled adjusters, and along with injury evaluation software programs such as Colossus they work diligently in minimizing any claim. Rest assured that insurance companies have staff attorneys investigating these claims as well. Dealing with a claims adjuster on your own is comparable to bringing a knife to a gun fight. Our motto at Schultz Legal Group is "don't be victimized twice." Our Missouri injury lawyers advocate on a contingency fee agreement, so clients never pay attorneys' fees unless we are successful in the prosecution of their claim. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Is Missouri a “no-fault” state?
No, Missouri is not a no-fault state, meaning that vehicle owners are required, by law, to have automobile insurance with certain limits of liability:
- $25,000 coverage per person for bodily injury
- $50,000 coverage bodily injury per accident
- $10,000 coverage for property damage per accident
Uninsured motorist coverage is also required: $25,000 for bodily injury per person and $50,000 for bodily injury per accident.
Also in regards to fault, Missouri is a pure-comparative fault state as it applies to liability and fault apportionment. In other words, even if a plaintiff is 60% at fault for causing the incident which triggered an injury, that plaintiff may still recover 40% in damages. This is favorable to the plaintiff who is concerned that they may be considered partially to blame for the incident. Other states, such as Illinois, have modified-comparative fault laws in place which bar recovery if the plaintiff is more than 50% at fault. Missouri personal injury lawyer Stephen Schultz and his attorneys carefully investigate the circumstances of each individual injury claim in order to address what fault, if any, could potentially be apportioned to our client. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
How long will it take to resolve my case?
This question is impossible to answer without specific knowledge of the particular facts and circumstances of each claim. However, our injury lawyers can typically provide an idea of whether the claim could potentially settle or whether the filing of a lawsuit will be required to obtain fair compensation. Either way, the client is ultimately empowered as final decision-maker when considering whether to accept or decline a settlement offer (if one is given by the insurance company).
Our Missouri injury lawyers are skilled in pre-litigation settlement and often obtain substantial compensation for clients without the need for filing a lawsuit. We always make a good faith effort to resolve any matter before engaging in the risk and expense of protracted litigation. Settlement can be achieved even if a lawsuit is filed, and in fact only 8% of our cases are taken through to a jury verdict. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Will I have to go to court?
That will obviously depend on whether our lawyers are able to obtain fair compensation prior to the commencement of a trial. If a jury trial is necessary to achieve a fair disposition, then your attendance will be required in the courtroom.
Some personal injury lawyers just try to settle your claims quickly and do not want to go to trial. If the insurance company refuses to pay the acceptable amount, then we have to proceed in court to protect our clients’ interests. Our experienced Missouri accident lawyers know how much you’re entitled to and do whatever we can to make sure you’re fairly compensated for your injuries and losses, even if that requires a trial. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Will I have to submit to a deposition?
While a deposition is a very serious matter, it is a proceeding that both client and attorney are well-prepared for weeks in advance of deposition day. Depositions are exchanged only upon the filing of a lawsuit. They will involve your attorney, a defense attorney, and a court reporter. All deposition testimony is recorded by the court reporter and becomes part of the "record" of the lawsuit.
Having a deposition taken is one of the most terrifying parts of personal injury lawsuits for most people. However, it may be necessary to facilitate an expeditious resolution to your injury claim. Often times the defense attorney just wants to see what type of plaintiff you are and whether you come across as 'believable' or 'sincere'. The Missouri accident attorneys at Schultz Legal Group have taken hundreds of depositions so we know how to properly prepare our clients for what is to come. Careful preparation often results in a successful deposition.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
How much is my case worth?
There is no exact formula for determining what your personal injury case is worth. Every accident and injury is unique. For instance, your claim may be worth more or less depending upon how severe your injuries are, the level of pain and suffering you experienced, the cost of medical care, and amount of wages you have lost.
Only after a thorough investigation and evaluation of the facts and medical treatment can our attorneys provide an 'estimate' of what each claim may be worth. It may also depend on the cause of action. For instance, in Missouri the spouse of an injury victim may be entitled to compensation for Loss of Consortium. Recovery pursuant to this theory is often more limited in scope when compared to recovery for the injured victim himself. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Who will I meet with during my free consultation?
Many law firms conduct initial client interviews with a paralegal or a caseworker. At Schultz Legal Group, you will personally meet with an experienced injury attorney to discuss all aspects of your claim. Stephen Schultz prefers to meet with each new client, often times in their own home. He finds that clients are more comfortable in their own environment which results in valuable exchange of information. Moreover, Mr. Schultz is able to visit with the entire family and thus able to better advocate against the insurance companies on a more humanistic level.
During a new client consultation our attorneys can address any questions you may have regarding your case and even coordinate appointments with doctors that specialize in the treatment of your specific injury. As previously indicated, our attorneys are happy to meet with clients in our office or their home, office or hospital room. We go out of our way to make speaking with an injury attorney comforting and convenient. After all, the experience of being seriously injured is traumatic enough itself. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Will you take my case?
At times, we will be able to let you know if we can help you immediately during a telephone or office consultation. However, often times our attorneys and support staff we will need to conduct a thorough investigation of your accident and injuries to determine whether we can take on your case. If we cannot, we will do our best to refer you to an attorney who may be able to help. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Who pays for the handling of my case?
Schultz Legal Group advances all costs and expenses associated with our clients’ cases and does NOT charge a fee until there has been a monetary recovery. This arrangement is called a "contingency fee agreement". It is common practice in the area of personal injury law. The benefits of this type of arrangement for the client are numerous. Even though our injury attorneys are well-respected and could charge several hundred dollars per hour, we choose to offer our services for free unless recovery is obtained. That way even potential clients without the means to pay a large retainer have equal opportunity to take advantage of our legal services.
All consultations, whether in our offices or your home or hospital room, are FREE. We never charge for consultations or case evaluations. Therefore, you will NEVER get a bill from my law office. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
How long do I have to file my case?
In Missouri, you typically have five (5) years from the date of a car accident to file a claim, two (2) years to file a medical malpractice claim and three (3) years to file a wrongful death claim. There are some variations, depending upon the actual specifics of your accident; thus it is absolutely critical to consult a lawyer as soon as possible to see how long you have to file a claim.
Another important aspect of certain personal injury claims is that some case types, such as wrongful death, can only be brought by a specific "class of persons." We recommend that an injury claimant does NOT rely on internet research or friendly advice alone...take the time to contact a licensed injury lawyer to discuss the factual circumstances of your case in order to know for sure who, when, how, and where a claim can be brought.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
Can I handle my own claim for the property damage to my car?
Many times you can settle your own claim regarding property damage to your car. The law allows you to deal directly with the other driver's insurance company or work with your own insurance company to repair or replace a damaged vehicle. If you have purchased collision coverage, your insurance company should file a claim with the defendant's insurance company and then reimburse you for your deductible. In the event your car was determined a 'total loss', we recommend you research the value of your vehicle to make certain the insurance company offers fair value for the loss. You can determine vehicle value by researching such websites as www.edmonds.com and www.nada.com., which are also commonly used by the insurance companies themselves.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What if a person dies before bringing a personal injury lawsuit?
The outcome of this situation will vary depending upon whether the victim lost his or her life as a direct result of injuries sustained from the accident or because of an unrelated cause. A victim's heir may be able to bring a wrongful death case to civil court if the victim has lost his or her life as a result of injuries from the accident. Wrongful death laws in Missouri are codified in Missouri Revised Statute, Section 537.080, commonly referred to as the Wrongful Death Statute. The wrongful death statute is extremely particular in regards to who is entitled to bring a civil action for the death of another person. Our St. Louis injury attorneys initiate a preliminary investigation to ascertain who is entitled to enforce a wrongful death claim in each factual situation involving a fatal injury. As an aside, an executor or representative of the decedent's estate may continue an existing personal injury claim if the victim dies of unrelated causes.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What is personal injury law?
Personal injury can occur anywhere: at work, in your car, in the hospital, at a restaurant, on the sports field or simply walking down the street. Each year many thousands of people in the United States are seriously injured or killed due to the negligence of another person or company. Any injury, whether physical or emotional, may form the basis for a personal injury claim depending on whether liability attaches.
Often times people are injured as a result of their own fault or no one at all. However, when someone else creates a danger which ultimately causes injury, the liability insurance industry is there to compensate the injury party. If you suspect someone else is to blame for your injuries, it is important to seek a free consultation from a licensed St. Louis injury lawyer. The personal injury lawyers at Schultz Legal Group are knowledgeable in a wide range of personal injury case types and have numerous strategies to use in obtaining fair compensation that you are legally entitled to. Our trial lawyers work on a “contingency basis", meaning there are no legal fees due unless your case has been won.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What is negligence?
Negligence arises from the failure to act with "reasonable care." However, it is important to bear in mind that only persons who owe you the 'duty' to act with reasonable care can be found negligent. The definition of reasonable care varies from state to state, but this phrase basically encompasses using a reasonable level of caution and care and acting in an acceptable way by today's standards. When a person fails to use reasonable care and someone is injured as a direct result, a personal injury claim may be filed to collect compensation for injuries and suffering.
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What is insurance “bad faith”?
In 2006, U.S. homeowner and auto insurance companies made a record $44.8 billion profit, even in the aftermath of Hurricane Katrina and other disastrous events of 2005.
Insurance companies are in business to make a profit, and profit they do. However, the recent influx of insurance litigation suggests that many carriers sacrifice policyholder interests for those of company shareholders. Insurance policies are intentionally confusing and ambiguous, giving insurance companies the edge over consumers and businesses. Under the covenant of good faith and fair dealing, implied in all insurance contracts, this mistreatment or fraud is termed “bad faith.” Bad faith occurs when the insurance company does not abide by the terms and conditions of the insured’s policy and willfully refuses to pay a legitimate claim for damages. The seasoned attorneys at Schultz Legal Group are experienced in handling complex insurance litigation and will work hard to obtain an expeditious resolution in your favor. Remember, "don't be victimized twice".
Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What are compensatory damages?
Compensatory damages are damages meant to compensate, resulting in payment for actual losses that you have experienced because of someones negligence. Coverage varies from state to state and may only include economic losses (such as medical expenses or lost income) or may encompass emotional or mental pain and suffering. To calculate your compensatory damages, you must add up all the medical bills for treatment related to the injury PLUS any wage loss and special damages. Charges from medical institutions provide the basis for treatment costs, NOT what was ultimately paid pursuant to a contract between the provider and your health insurance carrier. The purpose of compensatory damages is to place the injury victim back into a position he/she was prior to when accident occurred.
Missouri has statutes in effect that cap certain types of damages in various types of personal injury cases which is why it is important to consult with a local injury attorney to discuss the aspects of your particular case to determine whether these statutes apply. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.
What are punitive damages?
Punitive damages are intended to punish the defendant and to discourage others from engaging in the kind of negligence involved in your particular case. Some states have eliminated or “capped” punitive damage awards. Fortunately, Missouri legislature has not completely eliminated punitive damages but courts often closely scrutinize excessive jury verdicts.
Did the defendant in your case act "in conscious disregard for the safety of the public"? Call St. Louis injury lawyer Stephen Schultz to find out. Contact our personal injury lawyers 24 hours a day for a
FREE CONSULTATION at (866) 840-3636 or complete the online case contact
form for immediate assistance.