Missouri Personal Injury Attorney Blog

From personal experience, I know the overwhelming grief and sorrow associated with losing a family member as a result of a tragic accidental death. I understand that the family of the deceased needs various forms of comfort and assistance to help them through this trying time.

As well, in the wrongful death cases I have handled, I am always concerned with sparing the family the agonizing process related to the official investigations, reports, and the legal process as a whole.

This is why early legal consultation and representation are vitally significant. While the legal recovery may be the last item of consideration to the grieving family members, in the weeks and months to follow the legal case will be tremendously important and may be the only source of
justice for the family.

From my professional experience, I know that early independent investigation is of chief importance in most cases of wrongful death or serious disabling injury. This is especially true in car and truck accidents, or in any fatality that occurs on the roadway. While many people rely upon Highway Patrol or local police investigations, these investigations are often done quickly under adverse circumstances. Moreover, because of the legal issues that will eventually arise in the case, an investigation of the accident scene is the preferred way of securing physical and photographic evidence.

Physical evidence such as surface conditions, obstacles, sun position, skid marks, etc. all may have a bearing on the investigation and fault aspects of the case. In some cases, an expert in accident reconstruction or a dangerous condition expert may be necessary to solidify the fault. Beyond the physical evidence, an early law firm investigation can identify all types of witnesses. In our past cases, witnesses identified in the early investigation have made a substantial difference in the case.

Over the years our law firm has successfully handled a number of wrongful death cases, including deaths arising from all types of car accidents, truck accidents, motorcycle accidents, medical malpractice, and hazardous/dangerous conditions. Additionally, we handle death cases arising from work injuries, falls, explosions, electrocutions, and chemical/toxic exposure.

Because every case has special considerations, I am prepared to help as soon as possible. Please contact me directly through secure e-mail at dhorn@hornlaw.com.

If you have ever been victim of a car accident, you are aware of the frustration and uncertainty
associated with the insurance claim process.

At the outset there is the claim involving the damage to your car. This is commonly referred to as the property damage claim. Most property damage claims can be settled directly with an insurance company adjuster because the fair value of the vehicle or the car repairs can be easily determined. However, in some property damage cases, legal consultation with a car accident attorney can be helpful to sort issues concerning release documents, title issues, rental car coverage, etc..

If you have suffered an injury as a direct result of a car accident, legal representation by an attorney is necessary in order to obtain a fair and full settlement of an injury claim. This is because injury victims are entitled to compensation for their medical treatment expense, lost income, pain, suffering, discomfort, disability, emotional damages, etc., and the calculation of the total claim value can be involved. Moreover, the legal and medical issues are complex which demands legal representation from a lawyer who concentrates in personal injury law.

Although nothing takes the place of talking to an injury attorney about your claim, following are several considerations to take into account.

First, it is important to realize that insurance company representatives and claim adjusters are not working for your best interests. Instead, claim adjusters are interested in “adjusting” your claim and paying you a “discounted settlement.” While the insurance company is contractually bound to protect their insured (usually the other driver), their ultimate goal is to settle the claim quickly and cheaply thereby saving their company thousands of dollars in claims settlements.

When an attorney is hired on behalf of the injured client, the client immediately gains leverage over the settlement process. What I mean by “leverage” is that a capable attorney can file the case in the proper court of law if the insurance company refuses to pay the full value of the claim. Over the years I have exercised this leverage and court litigation is one way I obtain full compensation for my injured clients.

However, it is important to note that, in most cases, before I file a lawsuit in an injury claim case, I attempt to fully exhaust settlement possibilities with the claim adjuster.

It has been my experience that most insurance company adjusters are well trained in the claim process and have a basic understanding of medical and rehabilitation treatments and procedures, including chiropractic treatment and physical therapy. Thus, in preparing the case for productive settlement negotiations we are diligent in putting together a package of investigative and medical documentation that establishes the full value of our client’s case. We take into account every aspect of our client’s daily life and the future prognosis.

All economic and non-economic aspects of the case must be considered and sometimes this requires expert opinion. We never lose sight of the longer-term aspects of a client’s injury, including the various ways the injury has effected our client’s quality of life. For instance, there are very few instances of injury to the head, neck, back, or extremities that do not impact my client’s future pain, suffering, discomfort, or their ability to work and enjoy life.

Factors relating to my client’s ability to work in their employment are also important. In many cases, my clients co-workers and/or supervisors have been very valuable in establishing my client’s pre-accident abilities in comparison to their ability to do their work after an accident. Because these type of “health witnesses” are not usually related to my client, co-workers make credible witnesses.

One final point. Over the years our clients have asked me to estimate how much their case is worth. In this regard, some have gotten the idea that their case is worth 3 or 4 times (or 5 times) the total medical expense. In my opinion this is a terrible way to evaluate any personal injury case. The case value is dependent on a number of different factors and total medical expense is only one factor that should be considered.

As the economic downturn deepens, expect a rise in truck accidents to cause a greater number of personal injury and wrongful death claims across the nation.

It can not be denied that the risk of motor vehicle accidents, including motorcycle collisions, are substantially increased as a direct result of business and industry budget cuts, particurlarly in the trucking business.

Specifically, as trucking firms reduce costs to keep their profitability margins, proper truck maintenance, safety programs, and driver training fall by the wayside.

For instance, when truck tires and wheels are not been properly inspected and maintained, the results can be tragic, especially at highway speeds. Tire underinflation, mechanical wear, and mismatched dual assemblies are common semi-truck tire maintenance issues that can cause tire failure and blowouts. Further, other internal truck malfunctions, such as those occurring in the steering mechanism and brakes, also increase as those are maintenance issues that can not be easily spotted in routine inspections.

Safety training and other company programs to help new and existing truck drivers with the safe operation of a tractor-trailer are also neglected when times get tough. Trucking companies know that safety and driver education programs all contribute to safe truck operation, but they are willing to put their own truck drivers and the public at risk as the pressures mount to keep costs down.

In a depressed economy, as firms try and limit transportation and delivery costs, semis and other trucks are frequently improperly loaded. When a semi-truck is not properly loaded or carrying too much weight the potential for collisions, tip-overs, or accidents with other vehicles greatly increase.

Moreover, as cutting costs becomes paramount, truck drivers are more fatigued as they drive longer hours with less breaks. Their ability to be alert is compromised and they tend to be irritated and will drive more aggressively at a higher than safe speed.

In the trucking cases we have handled, we always hold the trucking firm responsible for maintenance, safety, and driver education cuts, breakdowns, and failures. While it is too late to save our client from injury and/or tradegy at the point Horn Law gets involved in a trucking accident, we can make a difference by aggressively pursuing the case and giving the trucking company the clear incentive to invest in safety.