St. Louis Personal Injury Lawyer Stephen Schultz Discusses the Elements of a Missouri Personal Injury Claim for Compensation

United States of America -- Free-Press-Release.com-- Jun 14, 2010 -- Personal injury claims for compensation in Missouri involve complicated areas of law. When the injury results from a tractor-trailer accident, both federal and state law are implicated. A Missouri personal injury lawyer must prove certain elements of negligence in order to win the case for his or her client. First and foremost, the lawyer must prove liability, a.k.a "fault." To recover compensation, a plaintiff can still be partially at fault for the cause of the accident that resulted in injury. In fact, a plaintiff can be up to 99% to blame for the incident. Once the jury determines the comparative fault of the plaintiff, the compensation awarded is reduced by the percentage of fault. For example, if a plaintiff is awarded $100,000 in compensation by a jury, but 50% at fault for causing the incident, the plaintiff is still entitled to $50,000 in compensation.

Second, the plaintiff must actually have been injured. An injury victim in Missouri can recover compensation in a personal injury claim for both physical and emotional injuries. Physical injuries are relatively clear, as they can be proven with medical records and deposition of treating doctors. Emotional injuries, on the other hand, can be tricky to prove. Serious car accidents and tractor-trailer accidents can cause a fair amount of emotional distress, even for a strong-willed plaintiff. Younger children can be particularly susceptible to post traumatic stress disorder and other emotional disorders following a car accident or truck accident. A Missouri personal injury lawyer may call upon a psychologist or psychiatrist to testify on behalf of the client and explain this type of injury to the jury.

Third, a personal injury victim must prove "damages" in order to get compensation for a claim. In Missouri, the courts recognize two types of damages. Economic damages are the ones that can be proven by medical bills, receipts, and out-of-pocket expenses. Catastrophic injuries from a car accident or truck accident can result in medical bills into the hundreds of thousands. The negligent driver is responsible for compensating the victim for all medical bills, EVEN if the bills were paid for by health insurance. In fact, whether or not a victim has health insurance is not admissible in court. Non-economic damages consist of pain & suffering. There is no magic formula to determine what pain & suffering is worth. Compensation for pain & suffering consists of many factors, including the type of injury, age of plaintiff, whether the injury is permanent, and other considerations. A Missouri personal injury lawyer will usually call witnesses at trial who are close to the plaintiff to testify on exactly how the ordeal has affected the life of the victim. Siblings, parents, friends, teachers, and even co-workers are very effective at explaining to the jury how someone has suffered following a traumatic incident.

If you have been injured in a Missouri car accident, tractor-trailer accident, motorcycle accident, or by a defective product, it is critical to keep detailed records of the incident and your recovery. Insurance claims adjusters are highly trained to minimize or deny personal injury claims for compensation, especially if the victim does not present the evidence necessary to prove the claim if the case went to court. Keeping itemized spreadsheets of medical expenses, lost wages, fuel costs for transportation to doctor's visits, and all other economic damages is crucial if you want to recovery compensation for these damages.

St. Louis personal injury lawyer Stephen Schultz is a member of the exclusive Multi-Million Dollar Advocates Forum, an elite organization consisting of the top 1% of trial lawyers in the United States who have obtained single verdicts and settlements in excess of two million dollars. Mr. Schultz is also recognized by the American Trial Lawyers Association as a Top 100 Trial Lawyer in the state of Missouri. Stephen Schultz is a founding partner of Schultz & Myers LLC, where he is exclusively dedicated to representing the victims of serious vehicular accidents, truck accidents, medical negligence, products liability, and slip & fall claims throughout Missouri.

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Schultz Legal Group
Stephen Schultz
(866) 840-3636
http://www.schultzlegalgroup.com/