I recently saw the new commercial by All-State.  The scene is set in a court room just as a verdict is announced.  The defendant is a young man about the age of eighteen.  After the $100,000.00 verdict is read, the plaintiff's attorney walks over the defendant's counsel and indicates that they will begin collection immediately.  The very caring and concerned defense counsel then indicates that they "may not" have enough insurance to cover the judgment.  The ruthless plaintiff's attorney then goes on to say that he doesn't care, they know that the family has money somewhere, perhaps in the youngster's college savings. 

This commercial cannot possibly be a more disgusting misrepresentation of how it really works, and it is clearly aimed at forcing the so-called need for "tort-reform."  First of all, the defense attorney would never know if the insurance "may not" cover.  One of the first things we always ask in the beginning of a case is how much coverage there is.  Everyone knows this exact number straight from the outset.  Second, as a plaintiff's personal injury lawyer in St. Louis, if we think the verdict may exceed the insurance coverage, we will send a request to settle for the amount of the insurance coverage immediately.  However, it is often the insurance companies who refuse to pay the insurance limits, even when there is no good reason not to.  Thus, there are many occasions when we will take a case to trial and obtain an excess verdict, however, it is not to take money from the defendant personally, and I have never heard of one occasion where any plaintiff's attorney has done this.  Instead, we then sue the insurance company directly in what we call a "bad-faith" lawsuit.  Actually, it is not the injured client who sues, but the defendant who sues their insurance company.  The theory behind a bad faith lawsuit is that the insurance company refused to protect the defendant by failing to settle the case for the limits of the insurance coverage when they had a chance.  The insurance company can then be held liable for the entire verdict.  If you think that this type of thing happens just once in a blue moon, you are entirely wrong.  In fact, it happens all the time, and there is a whole industry of law and lawyers devoted to bad-faith lawsuits.  However, many times, it doesn't even have to get as far as a bad-faith lawsuit, as the insurance companies will often pay the excess verdict because the know they are liable for the bad-faith lawsuit as it is anyway, and they don't want an additional lawsuit on the books. 

Long story short, it just never happens the way this commercial makes it out to be.  Unfortunately, the plaintiff's attorneys often work individually or with small firms, and we just don't have the resources like the billion-dollar insurance industry to put out our own commercials to tell the truth.

Whether they call me a workers' compensation, workman's comp, or work comp lawyer, every potential client has the same question.  They want to know my win percentage.  This is only natural for every new client to wonder how good their lawyer is and certainly, they should not just trust anyone.  By defining a "win" as obtaining recovery for my clients, either through settlement or final hearing, my win percentage is 100%.  Simply put, I have never taken a work comp case where I was unable to recover for my client. 

This statistic is always a good mark to evaluate a St. Louis work comp lawyer, but it certainly is not the only question you should be asking.  The problem for most people who are looking for a lawyer is that they are unsure of how to go about finding a good one.  For most, they have never had to hire a lawyer before, at least not a Missouri workers' compensation lawyer.  The two most important questions you should be asking when deciding who to hire for your work injury is first whether the attorney specializes in injury law, and second whether they have tried workers' compensation cases. 

As to the first issue, I know of several very good attorneys who work in multiple areas of law.  Unfortunately, I know of many more who are bad.  The fact is, no matter what area of law in which you needing representation, you always need to find a specialist.  Never go with a "jack of all trades" lawyer.  Even I am still surprised sometimes at some of the elementary questions I get asked by these lawyers when it comes to the Missouri work comp system.  Along this same line, you need to make sure that your attorney is going to personally handle the case.  Because we specialize in only injury law, we have a number of attorneys who refer us cases.  I am certainly not complaining about this situation, as it is a good business arrangement for me and I always know that the client will be well taken care of, the fact is, client's are always best to go straight to the expert. 

As for the second question, I think it is extremely important to hire a work comp lawyer who has tried both workers' compensation cases and St. Louis personal injury cases.  If they have never tried a work comp case, then they simply just cannot fathom how to put the case together.  Although the vast majority of workers' compensation cases settle, the only good settlements arise when the case is properly prepared for a hearing and the defense attorney sees that.  As for trying personal injury cases, well, they are just much more difficult and complex.  Personal injury trials give the lawyer a much deeper analysis of the case presentation and how to properly persuade the decision maker through their trial story.

Of course, not every workers' compensation case requires a lawyer.  However, if you are going to handle your case alone, you do need to know the facts.  That is why I have written an informative new book free to injured employees about the Missouri workers' compensation system.  It is called "The Ultimate Missouri Work Comp Book," and it explains how the system really works.  I can guarantee you there is no other resource like this available to injured Missouri workers. 

Additionally, if you would like to speak with an attorney about your Missouri work comp claim, call St. Louis workers' compensation attorney Josh Myers.  It is always free to discuss your case. 

In a tragic situation, Shirley Riffe, 47, of Barnhart, MO, was recently killed in a collision with a tractor-trailer.  Riffe was a passenger in a SUV which was stopped on the shoulder of highway 50 in Franklin County.  At approximately 1:40 pm, Shirley stopped the SUV to change a flat tire.  The tractor-trailer, driven by Faron L. Billeck, of Centerville, TX, drove off the road and struck the SUV, as well as the boat it was towing.  The collision caused the boat to become airborne.  The boat then struck Shirley, who was pronounced dead at the scene. 

This situation again shows how deadly semi-truck collisions can be on the road.  They are essentially moving missiles.  Had the driver just stayed on the road, none of this would have happened.  It needs to be immediately investigated why the driver of the tractor-trailer drove off the road.  A common issue in trucking cases is that drivers drive more than the allotted DOT hours, and they become tired and fall asleep at the wheel.  A good Missouri trucking accident attorney can discover these facts by analyzing their logs and comparing that to the GPS positioning systems that most major truck carriers use.  Additionally, the trucking company itself should be investigated as to whether it should have even hired Faron Billeck in the first place, or whether they improperly trained him. 

Josh Myers is an experienced trucking accident attorney, exclusively handling serious injury cases throughout Missouri and Illinois.  If you would like to discuss a potential case, feel free to contact him.  It is always free to discuss a potential case.

In mid-September, a trucker was given a written citation for following too close after he caused a four vehicle pile-up.  He was following a Ford truck on highway 17 when the Ford slowed to make a turn.  The semi-truck then hit the rear of the Ford and swerved into an oncoming lane, where it hit a mail truck head on.  The tractor trailer then overturned in the highway. 

At that point, a Ford Expedition following the semi-truck swerved to avoid the wreck and ended up in a ditch. 

In addition to proving that the truck was following too closely, it should also be investigated whether the trucking company was negligent for hiring this truck driver in the first place, or negligent in properly training him.  Trucking accidents are much more complex than normal car accidents, and should not be left to an attorney who does not specialize in injury law. 

If you have been injured in a car accident or truck accident, feel free to contact St. Louis personal injury lawyer Josh Myers to discuss your case.  It is always free to talk about your case. 

For the past several weeks, I have received a handful of calls from employees hurt on the job.  The problem that has me increasingly disgusted is that they are being flat-out lied to by their employers.  Under the Illinois Workers' Compensation laws, employees have the right to go to their own doctor and the insurance company has to pay.  In fact, they actually get the choice of two separate doctors under the law.  However, in all the calls I have received in the past few weeks, the employees have been treating with the employer's doctor because they were specifically told that they had to if they wanted the work comp insurance to pay.  This goes beyond merely misinforming the injured employees.  This is flat out lying to them.  All Illinois employers are required by law to be familiar with the work comp laws and to accurately advise their employees.  Obviously, this is not happening. 

As an attorney who specializes in injury and workers' compensation cases, it is clear to me why this is being done.  The doctors that the employees are being sent to are kept on a pretty tight leash by the work comp insurance companies.  In fact, the insurance companies basically control the care.  More importantly, at the end of every Illinois work comp case, the injured employees are entitled to a lump sum disability settlement.  However, this amount is often based on the type of treatment, and the amount of treatment.  What I often see is that when treatment is restricted to the doctor chosen by the insurance company, the employee gets less treatment that what the otherwise should.  Not only does this affect their health, but it also affects the final payout.  In these cases, we are immediately getting the clients to more objective doctors of their choosing.  This seems to be a big problem in Illinois work comp cases and all employees need to know their right to choose their own doctor.

If you are injured at work and are looking for an Illinois Workers' Compensation attorney, feel free to contact Josh Myers.  It is always free to discuss a potential case, and there is never an hourly fee. 

A new press release has been issued concerning the publication of my book, "The Ultimate Missouri Work Comp Book".  The release can be viewed at here.

St. Louis Workers Compensation Attorney Joshua P. Myers announces the release of "The Ultimate Missouri Work Comp Book".

For_Immediate_Release:

United States of America (Press Release) October 19, 2008 -- St. Louis injury attorney

Joshua P. Myers announces that he has published a free book for Missourians injured at work. The book, titled "The Ultimate Missouri Work Comp Book," addresses a number of issues that all injured employees need to know before talking with the insurance company or retaining an attorney. Specifically, it discusses who is entitled to make a claim, how long they have to make a claim, and the three main benefits available to all injured workers.

"I wrote the book because I was tired of seeing the same old tactics used by the work comp insurance companies. If you think they will treat you fairly, you are sadly mistaken. They will try to keep you in the dark about your rights. I might not be able to represent every injured worker out there, but through this book, I can educate workers about how the system really works," says attorney Joshua P. Myers.

The book can be obtained by visiting http://joshmyerslaw.com/Free_Books.aspx or by calling (888) 956-2487.

Joshua P. Myers is a St. Louis personal injury attorney focusing his practice exclusively on plaintiff's personal injury and workers' compensation. He is accepted to practice law in all courts throughout Missouri and Illinois. He is also a member of various organizations, such as the Missouri Association of Trial Attorneys, Bar Association of Metropolitan St. Louis, Illinois State Bar Association, and the American Association for Justice. More information about him and his practice can be obtained at www.joshmyerslaw.com.

We are now in the process of filing suit against our client's insurance company.  In 2007, our client was struck by an uninsured driver.  This is a common occurrence, and many drivers think that they are out of luck if the defendant driver does not carry insurance.  In fact, this is untrue.  If you have your own policy of car insurance or you live with a relative who has car insurance, you are completely protected.  By state law, every insurance policy must afford you uninsured motorist coverage.  This is a type of coverage which kicks in if a driver hits you that is uninsured.  In our case, we submitted all of our client's medical bills as well as the police report to his insurance company, and requested reimbursement for his bills and injuries.  After a month went by, we received no response.  Then one day, I received a voicemail from the adjuster claiming that they were sending the file out for additional review.  Another month then passed without any word.  We tried to be reasonable with the insurance company by giving them two months to review a small stack of records, but yet they had not done anything on the case.  Moreover, under Missouri law, they can be liable for vexatious refusal to pay by failing to pay the claim within thirty days after their receipt.  In our case, we gave them double that amount of time, and still have not heard a thing. 

Now, we are going to sue them not only for his injuries, but also for additional penalties provided under the statute. 

Many attorneys that do not specialize in injury law are unaware of these statutes.  This is why it is critical to retain an attorney who specializes only in injury law.  We know all the ins and outs and we know how to prevent the insurance companies from playing their games.  If you have been injured in a car accident and would like to speak with a St. Louis injury attorney, feel free to contact Josh Myers.  It is always free to discuss your claim. 

At the end of September, a jury awarded a $1.5 million to Ronny Martinez and Kenneth O'Neal.  The two were injured in 2006 when they were riding in a car that was struck by a semi-truck. 

The men filed suit against both the truck driver and the trucking company, Celadon Trucking Services.  The truck driver was sued for his own negligence, while the trucking company was sued for the negligence of its driver, as well as being negligent in their decision to hire the driver in the first place.  Ultimately, the jury found against both the truck driver and the trucking company.  They also attributed some fault to Martinez, who was driving at the time.  In their verdict, they awarded $750,000.00 for medical bills, and an additional $750,000.00 for personal injuries. 

In semi-truck accident cases, it is necessary to investigate both whether the trucking company was negligent in their hiring practices as well as their training practices.  There is no doubt there are a lot of unsafe drivers on the road.  However, a lot of these collisions can be avoided by not putting them behind the wheel of a tractor trailer to begin with. 

When you are searching for a truck accident attorney, this is why it is so important to hire a lawyer who specializes in nothing but injury law.  They have to be familiar with pracices of trucking companies as well as the Department of Transportation's federal regulations. 

If you are searching for a truck accident lawyer, feel free to contact injury attorney Josh Myers.  We specialize in injury law and handle truck accident cases from all across the country.  It is always free to discuss your case. 

The U.S. Government Accountability Office recently reported that over a half-million drivers are rated as 100% disabled by other U.S. agencies.  The study was instigated as a result of a request by the House Transportation sub-committee because they wanted to know the scope of the problem of medically unfit truck drivers on the road.  Approximately 85% of the disabled drivers have active commercial driving licenses. 

The report also gives several egregious examples: 

A Virginia truck driver, disabled since 1995 for numerous medical issues, including an amputated leg.  The truck driver said that his doctor tested his ability to use the prosthesis by pushing the doctor around the office in a rolling desk chair.  Shockingly, that doctor has since had his medical license revoked.  Incidentally, the driver's truck rolled over in a 2006 truck crash. 

A Maryland truck driver, disabled since 2001 because of severe lung problems, last renewed his CDL in 2007.  The driver had a medical certificate from a doctor; however, that examiner later indicated that the report was forged. 

A Virginia school bus driver, disabled since 1998 for multiple sclerosis, had never even undergone a CDL medical examination.  However, Virginia renewed the driver's CDL in 2006.  Later that year, this driver was cited as the cause of a three car collision that injured sixteen people. 

A Florida bus driver, disabled since 1994 for lung problems, admitted to investigators that he occasionally blacks out.  That driver continues to serve as a substitute driver. 

This study only scratches the surface when it comes to the medically unfit truck drivers on the road.  Given the latest reform, it could not identify drivers who are just as medically unfit, but who had never applied for disability benefits. 

If you have been injured in a collision with a semi-truck, it is essential to consult with an injury attorney specializing in truck accident cases immediately.  While it may seem clear that the driver was negligent, often times the reason as to why they were negligent is not.  A good truck accident attorney will investigate these issues.  Often times, we sue not only the truck driver, but also the trucking company for hiring that driver in the first place. 

If you have been injured in an accident with a semi-truck, feel free to contact St. Louis trucking accident attorney Josh Myers.  It is always free to discuss your case and there is never any fee until we recover on your behalf. 

Millions of Americans are treated for traumatic brain injury (TBI) every year.  In fact, it is the leading cause of death for those under 45.  It can be caused by a direct impact to the head or from severe shaking or whiplash from a car accident.  This is known as a contra-coup injury.  Additionally, traumatic brain injury can be caused by exposure to toxic substances.  This generally occurs when the toxic substance depletes the oxygen available to the brain, resulting in cell death within the brain tissue. 

Many people think it is easy to recognize someone suffering from a brain injury.  To the contrary, it is often very difficult to diagnose.  This is especially true when the brain injured person has not experienced bleeding from the brain or a loss of consciousness at the time of injury.  Additionally, many diagnostic scans, such as CT and MRI, fail to detect the injury.  In a lawsuit, we thus often rely on the testimony of the treating doctor to explain to the jury exactly how their patient suffers from brain injury. 

If you believe you have suffered a traumatic brain injury due to the fault of another, contact St. Louis brain injury attorney Josh Myers.  It is always free to discuss your case and we never charge any fees until we recover on your behalf.