Schultz Legal Group, P.C.
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 lawyer immediately for a thorough case consultation.
What should I do following an automobile accident?
If you have been injured in any type of car accident, it is important to gather evidence at the scene which will shed light on what happened, in the case of a personal injury claim. Collect the contact information of any witnesses present, take photographs and write down your account of the accident. Medical records and police reports will also likely be valuable in proving your case later on. In regards to medical attention, you should seek a consultation with a physician or doctor immediately, even if you feel that you are not seriously injured. Injuries may be internal or may present at a later date.
You should also consider consulting an auto accident attorney as soon as possible to help preserve any evidence and present your case. Be cognizant that Missouri has statutes of limitations in place that may forever bar your claim if it is not presented to the courts in a timely manner.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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 attorney, after you seek medical attention. There are several things you should not do, as they will likely have disastrous effects on your case:
Don't sign anything. Don't try to negotiate with the other person's insurance company. 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 worse than you think.
The bottom line is that it’s best to get advice from a skilled lawyer before taking any kind of action, outside of seeking medical attention.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Do I have to give a recorded statement to the insurance company for the party that was at fault in the accident?
Absolutely not. You are not legally or otherwise obliged to give a recorded statement to the insurance company, and in fact this may only result in your claim being denied or liability being placed on your shoulders - even when the accident was not your fault. Certain insurance adjusters or insurance companies may try to get you to record a statement with the intention of using it against you at a later date.
Your attorney can take over all communication with the insurance company to allow you to focus on recovery, rather than worry about legal matters.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
How do I choose a Missouri injury attorney that is right for me?
Choosing an attorney is an important and personal matter. You are likely depending upon the positive outcome of your personal injury claim so you have the money you need to pay for medical expenses and lost wages; therefore it is even more important that you choose an attorney who will be most effective in your unique case.
Unfortunately, not every lawyer can handle every kind of case, even if they say they can on a television commercial. The fact of the matter is: you should choose your lawyer only after you are convinced they will not pass your case off to another attorney if the case doesn't settle quickly. You should also be certain that the lawyer knows enough about your type of case. For example, my firm does not handle divorces or wills or speeding tickets (we do know several lawyers who do and we can give you their names). We don't handle these cases because we choose to stay abreast of the law in other areas and know we can do a much better job on cases we are familiar with; that is why we limit our practice and the number of cases we will handle. If you are not sure whether your case fits in one of our practice areas, please call us. We'll be happy to tell you and, if we don't handle your type of case, we'll be happy to recommend someone if we can.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Can I deal with the insurance company myself?
In most situations, injured persons benefit from retaining an attorney to represent their interests. In addition to dealing with complex legal issues, an attorney can help make sure you receive a fair result. Studies have shown that clients who hire an attorney to represent them in a personal injury case receive greater compensation than those who have not hired an attorney.
Many insurance companies hire individuals who are trained and understand how to evaluate claims and offer the lowest settlement amounts possible. After all, it is a fact that an insurance company will have a higher profit margin if it collects more premiums than it pays out claims. With a personal injury lawyer, however, you have someone on your side who can handle every detail of your case, deal with the insurance company and help you get the maximum settlement amount. Best of all, this will cost you nothing out of pocket when you work with Schultz Legal Group, as we will advance all costs and will not collect a legal fee unless we win your case.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Is Missouri a “no-fault” state?
No, Missouri is not a no-fault state, meaning that vehicle owners are required, by law, to have auto insurance with certain liability limits:
- $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.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
How long will it take to resolve my case?
Missouri personal injury lawsuits can vary in length from weeks to years in some instances. Our attorneys need to thoroughly investigate your claim to make sure you get all the money you are entitled to receive. Unlike other personal injury law firms, we welcome regular contact with our clients throughout the life of their claim. Our entire staff is available as a resource to our clients and will be there day or night to assist in any way possible.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Will I have to go to court?
If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, you don’t have to go to court. In fact, fewer than 25% of personal injury cases actually go to trial, and the majority of these settle before the trial even ends.
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 lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Will I have to submit to a deposition?
A deposition is a formal proceeding during which a sworn testimony is given by a witness in the form of a question and answer session. This does not occur in the courtroom, and the answers to the questions become part of the official records of your case.
Having your 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 claim. Depositions present an opportunity for injury victims to tell their side of the story and are often necessary for insurance companies to fully appreciate the extent of a claim. Our attorneys take great care in preparing clients for a deposition and are personally present at all times throughout the process.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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, with all information divulged by the client, can an attorney give an accurate estimate of what your particular case may be worth.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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. At that time, our attorneys can address any questions you may have regarding your case and even coordinate appointments with doctors that specialize in your specific injury. We prefer to conduct initial client consultations in our law offices, but our attorneys regularly make ‘house calls’ if more convenient for a potential client. We go out of our way to make speaking with an injury attorney comforting and convenient.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
Will you take my case?
At times, we will be able to let you know if we can help you immediately. Sometimes, however, we will need to conduct a more 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 lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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. All consultations, whether in our offices or your home or hospital room, are FREE. We never charge for consultations or case evaluations.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
How long do I have to file my case?
In Missouri, you typically have 5 (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 claims. There are some variations, depending upon the actual specifics of your accident; thus it is important to consult a lawyer as soon as possible to see how long you have to file a claim.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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 in an auto accident. You can deal directly with the other driver's insurance company or can settle with your own insurance company. If you have purchased collision coverage, your insurance company should file a claim with the other insurance company and then reimburse you for your deductible. If your car was totally destroyed in the accident and cannot be repaired, you can determine its value by researching such websites as www.edmonds.com and www.nada.com.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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 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. 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 lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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 serious accidents and negligence. A physical or emotional injury, caused as the result of negligence, accidental wrongdoing or strict liability, may be grounds for a personal injury claim.
As a victim of a personal injury, it would be in your best interest to consult an experienced personal injury attorney to advise you of your rights. 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 while representing you. Our trial lawyers work on a “contingency basis", meaning there are no legal fees due unless your case has been won.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
What is negligence?
Negligence arises from the failure to act with "reasonable care." 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 someone is injured as a result, a personal injury claim may be filed to collect compensation for injuries and suffering.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
What are compensatory damages?
Compensatory damages are damages meant to compensate, resulting in payment for actual losses that you have experienced. 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. The purpose of these damages is to help you get back into a similar situation that you were in before the accident occurred.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.
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. Where they are allowed, an award of punitive damages typically requires a showing of something more than mere negligence.
Contact our lawyers 24 hours a day for a FREE CONSULTATION at (866) 840-3636 or complete the online case contact form.