Schultz Legal Group, P.C.

Frequently Asked Questions

If you have been injured in an accident, you are likely facing expensive medical care as well as mental and emotional anguish. With the help of a Missouri personal injury lawyer at our firm, you may be able to get compensation for your 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.

• What should I do following an automobile accident?
• What shouldn’t I do if I suffer a personal injury?
• Do I have to give a recorded statement to the insurance company for the party that was at fault in the accident?
• How do I choose a Missouri injury attorney that is right for me?
• Can I deal with the insurance company myself?
• Is Missouri a “no-fault” state?
• How long will it take to resolve my case?
• How much is my case worth?
• Who will I meet with during my free consultation?
• Will you take my case?
• Who pays for the handling of my case?
• Will I have to go to court?
• Will I have to submit to a deposition?
• How long do I have to file my case?
• Can I handle my own claim for the property damage to my car?
• What if a person dies before bringing a personal injury lawsuit?
• What is personal injury law?
• What is negligence?
• What is insurance “bad faith”?
• What are compensatory damages?
• What are punitive damages?

What should I do following an automobile accident?
If you are injured in a car accident, the most important thing you can do is collect and keep any available evidence that might show what happened. Obtain the names, addresses and phone numbers of witnesses, take photographs, and make a journal of exactly what happened. This evidence can be crucial to presenting your case. Police reports, medical records, business records, or other information can also be useful. If you need medical attention, make arrangements to get treatment as soon as possible. Make sure to tell your healthcare providrs that your injuries were caused by the accident.

You should also consider consulting with 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.

What shouldn’t I do if I suffer a personal injury?
Don’t sign anything without consulting an experienced personal injury attorney. Don’t attempt to negotiate with an insurance company without consulting a personal injury attorney. Don’t make any kind of statement, even one the insurance company representative or other party tells you is “off the record”, without consulting your attorney. Don’t downplay your personal injuries before you know the extent of then; it’s not always immediately apparent how serious your personal injuries are, and if you’ve said you were “fine” at the scene, that may come back to haunt you. 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.

Do I have to give a recorded statement to the insurance company for the party that was at fault in the accident?
No. You are under no obligation to give a recorded statement. Many times the insurance company of the ‘at fault party’ will contact you and request a recorded statement before you have had time to consult with an attorney about your legal rights. Some adjusters use this approach so your statement may be used against you at a later date. That is why it is critical to contact our attorneys immediately following an injury. We will take over and negotiate with the insurance companies on your behalf, leaving you to concentrate on recovery.

How do I choose a Missouri injury attorney that is right for me?
Personal injury cases are serious matters. They often involve grave injury, permanent disability, and even death. Victims depend on the financial damages they are awarded to cover their medical treatments, replace permanently lost income, and compensate for their pain and suffering.

Without a qualified, experienced personal injury attorney, their chances of receiving fair compensation plummet. Our attorneys are not afraid to go to trial and we will keep fighting to get you the monetary damages you deserve.

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.

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.

Insurance companies have trained and experienced persons whose goal is to pay as little as possible to resolve your claim. You should have someone with experience on your side. Our attorneys handle every detail of your case. We will deal with the insurance company, your creditors, medical providers, and your employer. This allows you to concentrate on getting your health and family back in order. Initial consultations to discuss your claim are free. If you hire our firm, our services and expertise cost you nothing out of your pocket. We advance the costs of presenting your case and are paid a fee only if we collect money for you.

By hiring an attorney, you can concentrate on the important issues, such as recovering from your injuries and getting your life back in order. Furthermore, you will be freed from the anxiety and uncertainty of dealing with an insurance company.

Is Missouri a “no-fault” state?
Missouri is NOT a no-fault state. Missouri law requires all motor vehicle owners to carry auto insurance with liability limits of $25,000 per person for bodily injury, $50,000 for bodily injury per accident and $10,000 for property damage per accident. Missouri law also requires uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

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.

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. Less than 25% of personal injury cases go to trial and most of those settle before the trial ends. However, some cases must be tried before a jury. These cases typically involve questions of liability or fault and medical issues about whether the accident caused a particular injury.

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.

Will I have to submit to a deposition?
A deposition, although not occurring in the courtroom, is a formal judicial proceeding at which sworn testimony is taken from a witness in the form of a question-and-answer session. As a deponent (the person who is being asked questions), your responses to questions become a part of the “official” records of a 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.  

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. Case value can depend on the manner in which you were injured and the extent of the injuries or impairment, degree of “pain and suffering,” amount of past and future lost wages, and medical expenses. Only after a complete investigation can we assess the compensation that you may be due and assign a monetary value to your case. Our attorneys review and discuss each case as a team to determine the reasonable value of your case. If the insurance company or opposing party is not willing to pay a reasonable amount, then we take your case to trial and present it before a judge and jury.

Who will I meet with during my free consultation?
Many law firms conduct initial client interviews with paralegals 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.

Will you take my case?
Sometimes this question can be answered almost immediately. In other instances, our attorneys need additional time, effort and investigation to make the decision. If you have been seriously injured, we will use all of our resources to try to help you. If we cannot do so, we will do our best to direct you to another attorney or law firm who may be able to undertake your case.

Who pays for the handling of my case?
Personal injury litigation is one of the few areas of the law where even the poor have equal access to justice. The reason for this is the contingent fee agreement. The fee a client will pay will ordinarily be a percentage of the total amount of any recovery in their claim, whether by settlement, jury verdict or some other alternative dispute resolution procedure. The “contingent” aspect of the fee means that if there is no recovery, there is no attorney fee. The contingent fee is to be distinguished from expenses, which ordinarily remain an obligation of the client, although in many cases the attorney will advance expenses during the time the case is pending and will deduct the expenses from the client’s share of any recovery at the conclusion of the 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.

How long do I have to file my case?
The length of time you have to file a case depends upon many factors, including the type of case and where your claim needs be filed. Some states provide that a claim for personal injuries must be filed within one (1) year of the date of the accident. However, many states, including Missouri, contain statutes of limitations that vary depending on the type of injury claim.  Regular injuries sustained from car accidents must be filed within five (5) years, wrongful death claims within three (3) years, and medical malpractice claims within two (2) years.  The statute of limitations in Missouri starts to run when damage is sustained and is capable of ascertainment. 

Determining when your claim must be filed is complicated and is best evaluated by an experienced injury attorney. For example, most claims against governmental entities require claim notices to be sent to the governmental entity within 180 days of the accident. Failure to forward such a notice will bar your case and prevent you from receiving fair compensation. Our law firm cannot advise you as to when your case’s notice requirement or statute of limitations runs out without complete information. Our attorneys are available for a free initial consultation to assist you and if we are hired to represent you, we will make sure your claim is filed in a timely manner.

Can I handle my own claim for the property damage to my car?
In most cases, you can settle your property damage claim on your own. You may decide to deal directly with the responsible person’s insurance company or you may wish to settle under the collision portion of your own policy. If you settle with your insurance company, your company should make a claim against the responsible person’s insurance company and reimburse you for the deductible. This is part of the service you pay for when you buy collision coverage. If your car was a total loss in the accident, there are several methods to help calculate the fair market value of your car, such as researching www.edmonds.com and www.nada.com.

What if a person dies before bringing a personal injury lawsuit?
It depends on whether the person died as a result of injuries from the accident, or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases, and may be brought by the executor or personal representative of the deceased person’s estate.

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 thousands of people in the United States are seriously injured or killed due to serious accidents and negligence. The resulting injuries are termed “personal injuries” or “torts.” A personal injury is typically an injury to your physical or emotional being, resulting from the negligence of another. A personal injury may be caused by negligence, accidental wrongdoing, or strict liability. If you have suffered as the result of another you should contact a personal injury attorney.

In a survey conducted by the National Safety Council in May of 2006, it was determined that “national personal injury statistics show that far more unintentional-injury deaths and nonfatal injuries occur in and around the home than in the workplace.” The survey also found that a majority of people stated that they felt the safest in their homes and that it is the one place they would choose to be in any type of emergency or disaster. This proves that people are not fully aware of the dangers and threats that are present in their homes. Defective household products, children’s toys, tainted food, automobiles, and many other items that are found through or around the house pose a major risk of injury or death.

As a victim of a personal injury, it would be in your best interest to consult with 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”, meaning there are no legal fees due unless your case has been won.

What is negligence?
The law requires us to act with “reasonable care.” The specifics of what constitutes reasonable care vary somewhat from state to state and from situation to situation. When someone fails to act with the reasonable care required by a given circumstance, this is considered to be negligence. In order to recover for most personal injuries, our attorneys must prove that another person or a business was negligent, and that the negligence caused your personal injuries.

What is insurance “bad faith”?
The companies that provide Americans with their homeowners and auto insurance made a record $44.8 billion profit in 2006 even after accounting for the claims of policyholders wiped out by Hurricane Katrina and the other big storms of 2005. While premiums for homeowners insurance have increased by more than half since the early 1990’s, coverage has shrunk. Historically, insurers covered a little more than 60 percent of total losses in disasters, according to Robert P. Hartwig, chief economist of the Insurance Information Institute. During the 2004 hurricanes in Florida, they covered less than 50 percent, and during Katrina, they covered about 30 percent.

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.

What are compensatory damages?
Compensatory damages are damages meant to compensate. They pay you back for your actual losses. In some states, compensatory damages may cover only actual economic losses, like medical bills and lost income. In others, compensatory damages may include compensation for things like pain and suffering and loss of enjoyment of life. The purpose of compensatory damages is to put you – as nearly as possible – back in the position you would have been in had the defendant’s negligence not occurred.

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.