Missouri
allows for a certain type of claim, or lawsuit, called Loss of Consortium. Essentially, this is the type of claim that a
husband or wife brings against the negligent party when their spouse is
severely injured. For example, if a husband is
rendered a quadriplegic because he was hit by a semi truck, he obviously has a
claim against the them for the injuries he has suffered. However, if the injured man is married, the
wife also has a case, or a lawsuit, against the truck driver for the injures
caused to her husband.
The
rationale behind these cases is that a marriage is sacred. There are many things that go into a
relationship that make a marriage. Thus,
when one spouse has been so severely injured that it changes the whole dynamic,
this is essentially a separate injury tothe other spouse.
So
what types of things are considered in a Loss of Consortium claim? Generally, the law says that we look at what
is known as loss of support, comfort, companionship, and services. This can incorporate a number of different
things. For instance, if one spouse
stays at home and was financially dependent on the other spouse, part of their
claim could be for the loss of that income.
Additionally, part of their claim can be for the loss of the comfort and
support that they would generally receive from their spouse. Also, another aspect is the inability to have sex. Certainly,
the sexual relationship is what takes any relationship out of the realm of
friendship and moves it into the romantic realm. When, this is suddenly taken out of a marriage because of physical disability, it can be very damaging.
As
a St. Louis, Missouri car accident attorney, I can tell you that, practically
speaking, most jurors will not award any money for a Loss of Consortium claim
unless the physical injury is very devastating.
The reason is that most jurors have a simple beliefthat when we get
married, it is for "better or worse".
Thus, they do not freely award compensation for injuries to someone's
spouse unless they have been horrendously injured. However, the claim does exist and should be
presented under the right scenario.
Joshua
P. Myers is President of Myers Injury Law, LLC.
Based in St. Louis, Missouri, his is a founding partner of Schultz &
Myers, LLC, the region's premier personal injury law firm. Handling cases throughout Missouri and
Illinois, the firm accepts only severe personal injury cases with an emphasis
on motor vehicle collisions. All cases
are accepted on a contingency fee, meaning that there is no money required up
front and the firm's fee will be taken as a percentage of recovery. If there is no recovery, no fee is owed. If you would like to discuss a specific case,
you can reach Josh Myers toll free at 888-956-2487 or through email at
jm@joshmyerslaw.com
I am proud to announce that this past Wednesday, a federal jury returned a verdict in the case of Burroughs v. Zurich American Insurance Company et al in the amount of five-hundred thousand dollars. As a Missouri Truck Accident Lawyer, this was especially gratifying given that the two insurance companies against whom we proceeded to trial thought that they had absolutely no liability. Of the two insurance companies, one refused to offer a dollar before trial, while the other offered a total of six thousand dollars. Ironically, before trial, I had told the insurer that offered six thousand that I would recommend settlement to my client if they would pay ten-thousand dollars. They refused to do so.
The case centers around a car accident that occurred on March 9, 2007. At the time, my client was working as an employer for the Flying J. He was hauling a tanker truck east bound on Interstate 70 near Bryan Road in Wentzville, Missouri. At that time, he was driving in the far left lane. In the lane to the right of him was another tractor trailer owned by Mackie Moving Systems Corporation. They are a trucking company out of Canada. As the two went under the Bryan Road overpass, the Mackie truck suddenly swerved into my client's lane. This caused my client to hit the brakes and also swerve over to the left in which he nearly missed the median. While doing so, he was fighting his wheel and jerking it back and forth to avoid a bigger collision. There were two eye witnesses from the scene. One of them explained what caused the Macki e truck to swerve over into my client's lane. That was a white car that was coming off of the Bryan Road overpass. As it got to Interstate 70, it swerved left into another lane when it had no room to do so. When it did this, it caused a red truck to swerve left into the Mackie tractor trailer. This caused the Mackie truck to swerve left into my client. The white car kept on going and no one knows the identity of that driver. Thus, under the law, is considered an uninsured motorist.
Thus, the case proceeded against Mackie Moving Systems Corporation and the two insurance companies. The reason that we were able to sue the two insurance companies was that both policies carried a type of coverage known as uninsured motorist coverage. This type of coverage will compensate a person for injuries caused by an unknown motorist-in this case the driver of the white car.
As a result of the incident, my client suffered a herniated disc. He endured fifteen months of medical treatment stretching out over fifty-five different doctor's appointments and culminating in a L5-S1 spinal fusion. At trial, the jury heard about the eighty-eight thousand dollars in medical bills charged to my client as a result of all of this medical treatment. The trial lasted three days and was very contentiously fought. During closing arguments, I asked the jury to send my clients home with nothing if they did not believe what I had been telling them throughout trial. However, if they did believe what I was telling them, I asked the jury to make the insurance companies to pay my clients every last dime of what they deserved. Specifically, I asked them to return a verdict for five-hundred thousand dollars. After three and half hours of deliberation, the jury did just that.
I am extremely pleased with the result and more importantly, I am extremely pleased for my clients. This was the culmination of two and a half years of litigation during which time they felt like they had been called liars by the insurance company they had been paying over the years to protect them. This case is just an example that if you fight hard, and have clients who tell the truth, jurors will still award a fair amount.
]]>Seated in Hill's 2004 Mazda were Jay Ballenger and Karen Ballenger of Tipton, Iowa. Also in the car was Lynn Fraker. Unfortunately, Fraker was killed in the accident and pronounced dead at the scene. Both Karen and Jay Ballenger were described as seriously injured and were taken by ambulance to the Audrain Medical Center.
Seated in Robert Becker's 2008 Chevrolet was the rest of his family which included Alexander Becker, Christopher Becker, Denise Becker, and Mackenzie Becker. The entire Becker family sustained injuries and were taken to the Audrain Medical Center except for Mr. Robert Becker who was later flown by helicopter to University Hospital.
The most disturbing part of this crash is that the man, who caused it all, Charles Howdeshell, was arrested and charged with numerous crimes including involuntary manslaughter, second degree assault, driving under the influence of drugs (DUI), possession of marijuana, and careless driving. Incredibly, he has been reported as posting $250,000.00 bail to get out of jail for the time being.
If Mr. Howdeshell was in fact driving under the influence of drugs, I hope they throw the book at him for all of the devastation he has caused. As a St. Louis, Missouri car accident lawyer, I have seen first-hand the damage that can be caused by driving under the influence. In this case, several people lives have been changed forever.
From a legal perspective, there are a number of things involved here. First, Mr. Howdeshell is listed as being insured by American Family Insurance. Undoubtedly, there is not enough insurance to go around to compensate for all of the damage caused by this. In these instances, a very smart personal injury lawyer would try to set American Family up for bad faith (which the way they operate, is not hard to do). This means that an unqualified settlement demand for the policy limits must be sent, giving them a very short time frame. If they don't pay it pursuant to those terms within the time given, the case can then proceed to a jury who will assess by their verdict the full amount of the damages for the destruction caused by Mr. Howdeshell. Later case can be pursed directly against American Family to make them pay the entire amount of that verdict. This is called a bad faith lawsuit.
Additionally, given that he has been charged with driving under the influence of drugs and was also in possession of drugs, a claim can be made against the owner of the vehicle for negligently allowing him to driver their vehicle. The only reason these types of claims are made is to find additional insurance coverage to compensate these injuries.
Finally, in these events where the defendant does not have enough insurance to pay for all of the damage, the injured parties may have underinsured motorist coverage on their own car insurance policy. Underinsured motorist coverage is specifically for this type of incident where there is not enough coverage to go around. Essentially, a claim is made against your own coverage for that additional benefit.
For now, our hearts go out to the Fraker family and we hope that everyone else recovers quickly from their injuries. Finally, we hope that the justice system does its part to ensure that Mr. Howdeshell never drives again.
Joshua P. Myers is a Premier Missouri Car Accident Attorney. Based in St. Louis, Missouri, his firm handles catastrophic car accident cases throughout the entire state. He is a member of the American Trial Lawyers Association as one of the top 100 trial lawyers in the state. He is also inductee of the Multi-Million Dollar Advocates Forum limited to those attorneys, which have achieved single case recoveries of two million dollars or more. He can be reached directly at 888-956-2487 or 314-720-2706. It is always free to call and talk about a case and there are never any fees or money required up front. Rather all fees are taken as a percentage of the recovery he obtains for his clients.
]]>Essentially, the law requires that the lawsuit for wrongful death be brought "by and in the names of the personal representatives" of the deceased person. Thus, technically, anyone who is entitled to be named a "personal representative" can file a wrongful death lawsuit in Illinois. However, this does not mean they are entitled to the money. Rather, the money recovered "shall be fore the exclusive benefit of:
Moreover, the Court will divide the total amount between these two classes in the proportion that the percentage of dependency of each person had to the deceased person.
What Can You Sue For
When discussing what you can sue for, or what you can obtain money for, Illinois Wrongful Death Lawyers call this "damages". Essentially, this refers to the type of things a person can talk about during trial and the type of evidence that can be presented. In wrongful death cases, the rules about what you can talk about and the evidence you can resent vary widely across the states. I happen to think Illinois has a good set of laws. Specifically, in an Illinois wrongful death case, you can present evidence as to the:
Of course, the ways to effectively present this to a jury vary widely. Wrongful death cases are unlike many other personal injury cases in that there is generally no physical pain, or complex medical procedures to talk about. Rather, the case is about what the loss of a loved one means to the plaintiff. If there is any type of case in which the Illinois Wrongful Death Attorney must show the true depth of the relationship and bring out human emotions, it is the wrongful death case.
Josh Myers is a founding partner of Schultz & Myers, LLC and President of Myers Injury Law, LLC. Based in St. Louis, Missouri, his practice is limited exclusively to serious personal injury and wrongful death claims throughout all of Missouri and Illinois. To further discuss a potential case, he can be reached toll-free at 888-956-2487. It is always free to discuss a case and there are never any attorney's fees until and unless his firm recovers on your behalf.
]]> St. Louis, Missouri Personal Injury Lawyer Joshua P. Myers (Josh Myers) has
been inducted by Missouri and Kansas Super Lawyers into its 2010 Super Lawyers Rising Star edition.
Only 2.5% percent of the lawyers in the state are named as a Super
Lawyers Rising Star.
Attorney
Joshua P. Myers Named As 2010 Missouri Super Lawyers Rising Star
The selections for this esteemed list are made
by the research team at Super Lawyers, which is a service of the
Thomson Reuters, Legal division based in Eagan, MN. Each year, the
research team at Super Lawyers undertakes a rigorous multi-phase
selection process that includes a statewide survey of lawyers,
independent evaluation of candidates by the attorney-led research staff,
a peer review of candidates by practice area, and a good-standing and
disciplinary check. Thomson Reuters, Legal publishes Super Lawyers
magazines across the country. In addition to the magazines, Thomson
Reuters, Legal publishes newspaper inserts and magazine special sections
devoted to Super Lawyers. In 2010, Super Lawyers will
reach more than 15 million readers.
"2010 has been a great year and and to be included in as a Super
Lawyer's> Rising Star is a crowning achievement", said Myers.
Super Lawyers was first published in 1991 by Law
& Politics and was acquired by Thomson Reuters, Legal in February
2010. Thomson Reuters is the world's leading source of intelligent
information for businesses and professionals. Super Lawyers can be found online at
superlawyers.com where lawyers can be searched by practice area and
location.
Charles was driving a 2005 Ford Focus at the time of the crash. It was one of three cars reportedly hit from behind by a semi tractor-trailer driven by Jay L. Valentine of Texas.
Our previous posts about this wreck include:
Mr. Valentine has not yet been charged in connection with this collision. However, that may still occur as the Missouri Highway Patrol continue to investigate the wreck. It is expected that it may be two more weeks before the report is finalized.
For now, our hearts and prayers go out to the families and loved ones of Charles Martin and Alana McKnight.
]]>28-year-old Alana McKnight has just been identified as one of the victims in Wednesday's fatal semi-truck crash on I-55 near McNutt Road in Herculaneum. Alana was killed when a tractor-trailer truck driven by Jay Valentine of Texas smashed into the rear of several cars, including hers. It is currently believed the wreck occurred because the semi truck driver was not paying attention. Previous posts about the accident can be viewed here:
Alana is a single mother who leaves behind a 10-year-old daughter. I thought the news coverage pictured above did a good job of capturing the lives she touched and the loss that will be left behind.
This is a senseless tragedy and my hearts and prayers go out to her family and most of all her young daughter. I would hope that someone will be setting up a fund to help support her daughter - if anyone knows of that, please leave the details here in the comment section.
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One name that is being reported is that of Jay L. Valentine from Texas. He is identified as the truck driver who caused the collision. Authorities have not filed any charges against him, however, the Missouri State Highway Patrol will continue their accident reconstruction investigation which is expected to take up to two weeks.
As for the legal analysis, there are multiple potential claims here. First, Missouri's wrongful death statute applies and grants the right for the families of those killed to file a lawsuit. Under Missouri law, potential plaintiff's are divided into three classes:
Essentially how it works is that any person in Class 1 has priority to file a wrongful death claim. If there are no persons who fit into Class 1, then members of Class 2 have priority. Wrongful death claimants are allowed to recover by law, not only for the loss of their loved one, but also for the loss of the financial support. This means that minor children can recover for all of the years worth of financial support they would have received. Obviously this money is put into a protected fund to make sure it is not squandered or wasted, but rather is there to provide for the child as he or she grows older. Additionally, spouses can recover by law the financial support that they have been deprived of. This is often the case when the breadwinning spouse is killed. The other spouse, often a stay at home mom, is left with no source of income. Missouri law allows the wife in that situation to recover for all of her husband's lost income.
As a specialized Missouri Truck Accident Lawyer, I know the games the truck companies and their insurance companies play after a tragedy like this. They know they will have to compensate these families. Rather, they try to severely limit the amount they will pay. It happens every day. A great attorney who knows how to handle a truck accident case will make sure that they do not get away with this and pay these families equal to what they took away.
Joshua P. Myers is a Premier Missouri Personal Injury Lawyer. He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC. His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) - click here for his Missouri Truck Accident Website. He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case. Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois. He can be reached toll-free at 888-956-2487. It is always free to discuss a potential case and there are never any upfront fees to retain his firm. Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.
]]>Tragically, one person was killed and three others were sent to the hospital. The names of the parties are being withheld until family members are notified. In reviewing the story online at Fox 2 News website, there are currently over 40 comments. What is driving me crazy is all of the comments that people are posting saying that it cannot be assumed that it was the truck driver's fault. They say that cars often cut in front of semi-truck and then slam on the breaks!?!?
Unfortunately, the people posting these ridiculous comments are also the same type of people who may someday be called to serve on jury duty on this case. They use insane logic to reach an insane verdict.
The fact that the truck driver essentially drove over the rear of these cars is undisputed. Of course it is the truck driver's fault! Not only is it common sense, but this is legally the case according to Missouri's rear-end collision doctrine which says that a driver who hits another in from behind is legally responsible as long as the driver in front did nothing to cause the accident.
Of course, what most people and even lawyers fail to consider is that semi-truck accidents such as these are not the result of momentary negligence. Rather, they are the culmination of an unsafe trucking company keeping a blind eye to an unsafe driver. Of course, unless these issues are aggressively brought to light, the public will never know. I guarantee that behind this crash is the trucking company's insurance company who already has an adjuster assigned who is working to limit its exposure to the families whose lives have been destroyed. As an experienced Missouri Truck Accident Lawyer, I know there are several steps that need to be taken immediately on behalf of these families. These include:
The reason that this is such a huge advantage is because the insurance companies try to direct you to their doctors. As an Illinois workers comp lawyer, I see this all the time. The insurance companies have a stable of doctors who do what they want. And of course all the insurance companies want is to pay out as little money as possible for that means more profit for them. So they save money in two ways.
First, the send you to a doctor who will treat you as little treatment as possible. Obviously medical treatment can be expensive, especially surgery. So they save money by sending you to a doctor in their back pocket who will be very reluctant to perform any type of expensive testing
Second, once your done with treatment, you are entitled to a lump sum disability settlement under the Illinois workers compensation laws. However, the amount of settlement is based in large part on your ultimate diagnosis and the amount and type of treatment you receive. Thus, if you are treating with a very conservative doctor who has the insurance company's interest in mind, he's going to give you a much more conservative diagnosis and will not prescribe all the treatment you need. In turn, this will drastically lower the amount of your workers compensation settlement. This is why I strongly encourage injured workers to contact an expert Illinois workers compensation attorney as soon as possible after the injury. We know the right doctors to direct you to who will not only fully treat your injuries, but will also be unafraid to testify against the insurance companies to fully explain to the judge the nature of your injury and the extent of the damage. If You were injured at work and have an Illinois workmen's comp claim, you have to understand that this is nothing more than a chess match to the insurance company. They are looking to make all the moves which will help minimize the value of your claim. If you would like to further speak with an Illinois worker's compensation attorney, please feel free to call Josh Myers toll-free at 888-956-2487. It's always free to discuss your case and there are no fees to retain a lawyer. Rather, our fees will be limited to a small percentage of what we recover on your behalf.
As a Missouri car accident lawyer based in St. Louis, I specialize solely in personal injury, such as those from car wrecks. One of the most common injuries I see is a herniated disc (aka bulging disc, pinched nerve, slipped disc). Unfortunately, these are often the most mishandled claims as well. In our practice, injuries resulting in herniated discs are routinely settled for more money than any other types of injuries except for obvious catastrophic injuries such as paralysis, amputation and severe brain damage. The reason that a herniated disc injury should settle for so much is because it is a very serious injury. By that, I mean it directly affects your nervous system which controls essentially every bodily function. A common reaction of the body in a car accident is to go through a whiplash type motion. This causes what is known as axial loading on the disc, which in turn causes them to deform and essentially press on either the spinal cord or the nerve roots exiting the spinal cord and leading to either the arms or the legs. These injuries should be immediately identified giving their common symptoms such as chronic back pain, numbness or tingling throughout the arms and legs, shooting pain down the arms and legs, or bladder control. Treatments for herniated discs depend on the severity of it and generally range from physical therapy, to epidural injections, to surgery. There really is no right line as to when surgery is indicated and when it is not, but rather it is always dependent on the person's symptoms. Of course, symptoms can continue to worsen over time so even though a person may not need surgery right now, they may very well need it two years into the future. Because of this, these options should never be left on the table when negotiating with the insurance adjuster. Additionally, if you have any of those symptoms, you should always be treating with an orthopedic spine specialist. It is the orthopedist who will determine whether or not you have a surgical condition and of course will be able to detail the costs of any potential surgery. If you are not seeing an orthopedic spine specialist, the insurance company will not take any of these possibilities into account when settling your claim. I have seen injuries resulting in severely herniated discs settle for less than $10,000.00 because the person was solely treating with a chiropractor. This is why I suggest everyone involved in a car accident be seen by an orthopedic specialist who can run an MRI and determine if there is any disc injury and any potential for surgery.
As for the value of these cases, it always depends on the amount of coverage that the defendant has. Frankly, I view every case in which there is a herniated disc as a policy limits case. In Missouri, drivers are required only to carry a minimum of $25,000.00 of liability coverage. Thus, if your defendant does have insurance, it is quite possible that they may carry an amount as low as $25,000 - $50,000. In those cases, I think the insurance company should pay every last penny of it once you have been properly diagnosed with a herniated disc. Once you get over $100,000.00 in coverage, generally the insurance companies will not pay their full policy limits unless we file suit and move forward. Of course, if there is only a potential surgery and you presently decline it, they will pay less than for those people who have undergone surgery. If you have undergone surgery for a herniated disc, and there is enough coverage, I think these cases usually settle anywhere from $150,000.00 to $300,000.00 in car accident cases. It is often much more if you are struck by a semi truck. We routinely settle herniated disc surgical cases in truck accidents in excess of $1,000,000.00. This is because there is often a level of punitive damages because truck drivers routinely violate federal safety regulations.
Our firm specializes in handling car accidents and specifically car wrecks resulting in herniated discs. Even if you do not have insurance, we have great relationships with a number of orthopedists that will see you, treat you and run MRI. Of course, they will have to be reimbursed out of the settlement. But this is a much better option than not trying to get the treatment in the first place or solely being able to treat with a chiropractor.
If you have been injured in a car wreck and have prolonged neck or back pain and feel that you may have possibly suffered a herniated or bulging disc, please feel free to contact us toll free at 888.956.2487 or locally at 314.720.2706. It is always free to discuss your case and there are never any attorney's fees until and unless we recover on your behalf.
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