It’s a blur of emotion, questions and pain. And while the loss of a loved one is always painful, it’s even worse when the circumstances of that loss seem to have been unnecessary, avoidable and in many ways, wrong. These deaths are often sudden, senseless, confusing and painful for those left behind who often find themselves asking “Why?” and feeling lost.

And in many cases those survivors are left facing psychological trauma and financial hardship, which only add to the feelings of loss.

Too often, survivors don’t think about their legal options in the aftermath of a sudden loss and may not realize the situation is a wrongful death, that is a death caused intentionally, accidentally or through negligence. They may not know what qualifies as a wrongful death deserving of legal action and they may hesitate to consider legal options.

But they would be wise to do just that.

Examples of Wrongful Death

Medical malpractice is a common type of wrongful death. These cases may involve negligence on the part of a healthcare practitioner, medical errors, birth trauma, avoidable death in a long-term care facility or a host of other situations.

Automobile accidents, especially those involving impaired drivers, are another frequent cause.

Company vehicle accidents or accidents involving pedestrians, motorcycles or bicycles frequently lead to wrongful death suits.

Occupational hazards involving hazardous chemicals, substances or working conditions are also frequent causes of wrongful deaths.

Time is of the Essence

With the stress, emotion and confusion following the death of a loved one, many people may hesitate to contact an attorney or they may put off considering legal action while they deal with their grief. But delays can lead to a loss of legal options in wrongful death.

This is because state laws establish statutes of limitations on wrongful death claims.  That is, a limit on how long a survivor has to file suit against the party responsible for the death. These statutes of limitations vary from state to state. Some states allow a one year period while most have a two- or three-year statute of limitations on the initiation of a wrongful death suit. Other states have established longer time frames. Generally, once that statute of limitations has been reached no lawsuit may be filed.

It’s also important to note that when the statute of limitations “clock” begins ticking varies from state to state and by the circumstances of the death. In some cases the statute of limitations begins before the death of the wrongful death victim. Also, in most states the statute of limitations on a minor filing a wrongful death claim does not begin to “count down” until that minor’s 18^th birthday.

Legal Counsel Can Make a Difference

Wrongful death claims are highly technical, with countless legal variables which vary by state and circumstance. And in the aftermath of the loss of a loved one, survivors often face serious emotional challenges to thinking analytically in such a stressful situation.

The pressure is great. These cases often involve the death of a family member who was financially responsible for children or others. Verdicts or settlements involving compensation for the lost future earnings of the deceased, and compensation for pain, suffering and expenses associated with a wrongful death eventually reaches those dependents.

Allowing the statute of limitations to expire, failing to consider a wrongful death suit or underestimating the financial losses associated with the wrongful death of a loved one can be devastating.

It is extremely important that survivors seek experienced legal counsel in the aftermath of a possible wrongful death. These attorneys can evaluate and analyze the case and present survivors with the full scope of their legal options, then help them make the best decisions possible.

Don’t hesitate. Don’t let time run out. Contact Marler Law Partners for a complementary consultation today.

The post Should You Hire a Wrongful Death Attorney? appeared first on Marler Law Partners.

Today, roughly 40 percent of vehicles on U.S. roads are company owned. As those vehicles are often in operation eight hours per day or more, they log well over 40 percent of the miles driven daily (nearly 8 billion miles per day) on U.S. roads.

Company vehicle drivers average between 20,000 and 25,000 miles driven per year, nearly twice the mileage driven by drivers of non-company vehicles. Obviously, this means a significant percentage of traffic accidents involve company vehicles.

A Company Vehicle Accident Can be Different from Accidents Involving Private Parties

A grocery store parking lot fender bender can be rather simple to settle in terms of liability. One party or the other admits fault; that party’s insurance company is notified and handles compensation for damage to the vehicles, rental cars, medical expenses and any other losses incurred by either party in the accident.

If the two drivers cannot agree on who was at fault, the insurance companies may analyze the accident and assign fault to either driver or divide fault. Liability, that is, who bears financial responsibility for damages is then assigned accordingly.

But liability for damages associated with accidents involving a commercial or company vehicle can be less than clear. If you’re driving a company vehicle for company purposes (such as making a delivery or picking up supplies for example) and are involved in an accident, you most likely will not be held personally liable for damages to any vehicle involved in the accident or for any injuries caused by the accident.

Was the Driver of the Company Vehicle “On the Job?”

Even if you’re driving a company vehicle for example, to go to lunch and stop to pick up something for your employer and are involved in an accident, you will likely not be held liable.

However, if you’re driving to work or heading home from work and are involved in no work-related activity on the drive, you may be held personally liable for damages caused by the accident – if it is determined you were negligent. And in some cases employers have sought to recover damages from their own employees in these cases.

Doesn’t Insurance Take Care of Everything?

While some companies are self-insured, most carry insurance on their vehicles, but that doesn’t always simplify matters. If you were involved in an accident with a driver of a company vehicle who was driving the vehicle outside of normal work-related functions, that driver’s personal insurance company may be liable for your damages – or a portion of them.

In addition, some insurers are extremely aggressive in denying claims in order to reduce their costs. It is not uncommon for a driver who was involved in an accident with a company vehicle to end up facing delays in being compensated while the insurance company “investigates” the accident and works to determine who was negligent.

You’ve Been Involved in an Accident with a Company Vehicle; What Should You Do?

Keep in mind the above information is a brief overview of liability in accidents involving company vehicles. Volumes could be – and have been – written on this area of law.

This is because countless variables enter the “liability equation.” Was the vehicle being driven for work-related purposes? Was the driver of the company vehicle at fault? Did he or she violate any traffic laws and cause the accident? Was the driver of the company vehicle impaired? And remember; laws affecting liability in an accident involving a company vehicle can vary from state to state.

The bottom line though is you may have been injured, you may have missed work, you may be disabled, your vehicle has been damaged or destroyed, you’re stressed and confused. There is a great deal at stake, too much to risk going it alone against the company that owns the vehicle that struck you or your vehicle and their insurance company – both of whom have teams of lawyers protecting your interests.

You need to at least consult with a lawyer or law firm who has extensive experience with these accidents and who can effectively protect you and your interests. Contact Marler Law Partners today for a complimentary consultation.

The post Who is Liable in a Company Vehicle Accident? appeared first on Marler Law Partners.

In reality, that insurance company is usually doing its best to limit losses and expenses for itself and its insured party. Your interests are hardly a priority.

You can be certain the insurance company has a well-staffed, experienced legal department whose sole objective is limiting the company’s payments and compensation to you.

Personal Injury Suits: A Powerful Tool

In many personal injury cases, victims at some point may become frustrated by their mounting expenses, the disruption to their lives and the lack of cooperation by the negligent party’s insurance company and will then consider suing the liable party or parties.

But that frustration may take some time to build as insurance companies employ delaying tactic after delaying tactic, all while the injured party continues to incur more expenses.

Too often victims of personal injuries feel increasingly overwhelmed and may delay talking to an attorney about a suit. Unfortunately, those delays can be a serious mistake as every state has laws establishing time limits known as statutes of limitations on filing suit for personal injury claims.

This means waiting too long to file suit for a personal injury claim can prevent a victim of a personal injury from ever filing suit.

In addition, injured parties who immediately enlist the help of experienced personal injury attorneys are less likely to be “pushed around” by insurance companies.

What are the Statutes of Limitation?

Statutes of limitations on personal injury claims are determined by individual state law and vary by state.

In Missouri, the statute of limitations on personal injury cases is five years from the date when the injury is discovered. However, In Illinois the statute of limitations on personal injury cases is two years from the date of the accident in the majority of cases.

The limitations range from one to six years, with one year in states such as Kentucky and Tennessee to six years, as in Maine and North Dakota.

In some states, the statute of limitations for plaintiffs who are minors at the time of their injury begins when the minor plaintiff turns 18. This means a 17-year-old in a state with a five-year statute of limitations has until five years after his or her 18^th birthday (23 years old) to file suit.

When the Injury is Discovered Matters

When the statute of limitations “clock starts” for filing suit can be impacted by when the injury is actually discovered.

Following some surgeries, a patient may be bothered by persistent pain or discomfort for months or even years before discovering that the surgeon who performed the surgery left a sponge, temporary bandage, or other foreign object in the body, causing ongoing health problems and pain.

In these cases, most state’s statutes of limitations would be determined based on the date on which the foreign object was discovered.

Time is Not the Plaintiff’s Friend

While there are exceptions that can change a statute of limitations, victims of personal injuries should realize that the negligent party’s first – and best – line of defense is going to be the expiration of the statute of limitations for filing a claim.

So putting off seeking legal counsel and as a result, being slow to file suit can mean you have legal remedy. This is not an unusual situation as many potential plaintiffs feel overwhelmed by their injuries, financial issues related to medical expenses and inability to work regularly if at all and other stresses associated with these life-altering events.

Seek Experienced Legal Counsel

Given the immense stresses and expenses, and the complexities in various state laws affecting personal injury claims, working with an experienced personal injury attorney is essential.

Rest assured, the insurance company with whom you’re dealing has a large team focused on limiting the company’s payouts to injured parties. Marler Law Partners has extensive experience with personal injury cases and treats every client with understanding and compassion.

Contact us today for a complimentary consultation regarding your specific situation.

The post Your Personal Injury Case Can’t Wait Forever: Personal Injury Matters Have Statutes of Limitations appeared first on Marler Law Partners.

If you or someone you know finds themselves in this worst-case scenario, you need to consult experts.  And you need to do it quickly.  Time is of the essence in evidence and fact gathering that will enable you to hold people accountable.  Consult with professionals who have handled these situations before and consider these steps you should take if the worst were to happen:

Get Someone To The Scene Of The Crash As Soon As Possible

Evidence from car, truck and other crashes disappears quickly.  Police officers, tow truck drivers, Highway Department employees don’t always know what is and what isn’t important at a crash scene.  We know what’s important and can help get people to the scene quickly.

Police officers and highway patrol will also take photos as part of the accident report, but with evidence, you can never have too many photos.   The photos taken by others don’t always show what’s important.  If you’re at the scene, take photos, but also call our office!  We can help get high quality photos of things like tire skid marks, damage to the surrounding property and land, and of course, the vehicles involved.

Find out where the vehicles are being taken—The “Black Box”

Today’s cars and trucks hold a wealth of information from a crash in their “black box.”  But all too often, that black box information disappears.  Finding where every vehicle in the crash is taken enables us to get an engineer to the scene to download and preserve the information from each car.  This information is invaluable, as it often contains vehicle speed, brake pedal application information, airbag deployment information and other data that can make or break a case.  We can get experts to the vehicle before it disappears.

Talk to the Witnesses

Police and Highway Patrol officers will talk to witnesses, but often at a surface level.  We need details to prove your case.  Recorded statements are always best.  Make sure to get all contact information for each witness, because we usually talk to our witnesses multiple times during a case.  We need their story.

DON’T talk to Insurance Companies

While it is fine to tell your or your family’s insurance carrier that there was a crash, DO NOT give them any kind of a statement.

Get A Copy Of The Accident Report

Before you leave the scene of the accident, make sure to get the contact information for the officers who first reported to the scene.   They should give you a card or a piece of paper detailing where you can obtain the full accident report.

Obtain Medical Records and a Death Certificate

If the death is reported at the scene of the accident, a coroner may be called to the scene.  More often, an injured person is transferred by ambulance.  Death certificates and coroner’s investigations can show how the accident or injuries in the crash caused the death of your loved one.

Contact A Wrongful Death Attorney—Let us take the burden off of your family

Car, truck and work crashes that cause a death are obviously serious situations.  They are also stressful and emotional for everyone.  In order to alleviate the burden and protect your family’s legal rights, consider talking to an experienced attorney as soon as possible.  Our wrongful death and insurance attorneys have experience, investigating, coordinating and filing these types of claims in the state of Missouri and Illinois and can guide you through the process.

The Attorneys at Marler Law Partners are experienced in handling all aspect of Wrongful Death Cases and Claims nationwide, but handle Missouri and Illinois cases in St. Louis, Southern Illinois and Eastern and Southeast Missouri areas. Contact our office today for a free consultation.

The post What Do I Do If My Loved One Is Killed In A Car Crash? appeared first on Marler Law Partners.

Because so often at our firm and in our day to day lives, we encounter people who have been in car accidents but don’t bother to follow up with an attorney. Or they go the extra step and file a claim with their insurance company. Or they pay the fines versus going to court to dispute.

We hear, “Well it was just an accident. It happens to everyone.”  Yes, it does happen to everyone. But most of the time, a car accident is due to the negligence or an action by one (or both) of the drivers.

Who Is At Fault?

A common misconception is that if you are at fault in a car accident, you can’t recover damages for your injuries.

This is not necessarily the case. Missouri law uses a Comparative Fault system, which decides how the damages from the crash will be divided among all parties (both the defendant and the plaintiff drivers).

This requires each party to take responsibility for the damages incurred during the accident.

Based on the damage location on the vehicle, accounts taken from eyewitnesses and the crash report, the insurance company could determine that one person was 100% at fault.

However, if this was a multi-vehicle collision or there was negligence from both drivers, the fault could be split accordingly amongst all the parties.

For example, let’s say both drivers were looking at their phones at a stop sign and they ran into each other in the intersection. Based on the damage to the car, the negligence of both drivers and injuries occurred, the insurance company decided it was a 50/50 split on fault.

That means Driver A’s insurance company would pay 50% of the damages and injuries incurred for Driver B and Driver B’s insurance company would pay 50% for Driver A’s damages and injuries.

But I Don’t Want To Sue Anyone…

We addressed this last year in our blog “But I don’t want to sue my friend…”

Take it from Scott Pecher, who spoke with a friend who didn’t want to pursue action over a crash fatality. He explained to them that filing a claim with insurance was not the same as suing someone over the accident.

“The conversation continued as I explained that filing a claim with an insurance company does not equal a lawsuit.  A lawsuit usually only happens when the insurance company has denied or undervalued a claim, you think they’re wrong, and you choose to file paperwork in Court.  That’s a lawsuit!  A claim, meanwhile, is basically a discussion with and evaluation by an insurance company.”

Even though dealing with an insurance company does not require you to use an attorney, we recommend you at least consult with one so that you can maximize your return.

Remember, you don’t pay us unless you get paid!

Were you in a car accident in Southeast Missouri? 

Contact Marler Law Partners Today For Your Free Consultation

The post It’s Not An Accident If It Was Someone’s Fault appeared first on Marler Law Partners.

However, there are several factors insurance companies will consider that you should keep in mind before giving an attorney a call. 

Who Caused The Accident / Who Was At Fault?  

An insurance company will only pay for injuries that are its responsibility. If a police report or witness statement doesn’t match up with yours, you may need an attorney to step in and make sure the insurance company has the correct information pertaining to your case.  

Some important questions to help determine liability include: 

• Did you get rear-ended? 
• Did the other driver obey the traffic signal/stop sign? 
• Are there witnesses? 
• What does the police report say? 

Make sure to grab the contact information of any witnesses so that your claims can be backed up. 

How Bad Is The Damage / Your Injuries? 

The insurance company will evaluate how much your claim is worth based on the extent of damage to your car and your injuries.  

Your medical records – and not just those pertaining to the accident – will be used, as well as your bills and any documents of further treatment. The more documents and receipts you have tied to your injury, the better value you get in your case. 

It’s also good to account for other indirect costs related to the injury. The unpaid days you had to take off of work, the cost of renting or using another car, the cost of childcare during doctors’ appointments and more can all factor in. Be sure to document the following: 

• Did you see a doctor/ go to the emergency room? 
• Did you have follow up treatment or medication? 
• Did you have to take time off work? 
• Was this injury already existing and now needs more attention?  

When in doubt, bring your expenses from the weeks and months following the accident and Marler Law Partners can determine if the costs can be considered related to your injury or car accident.  

Other Factors That Affect Settlement Value: 

In addition to the facts of the case, there are a number of other considerations that influence a settlement. Some of these include:  

• Your age 
• Your social media profiles 
• Your health/condition prior to the accident 
• Unsafe actions by you or the other party (texting and driving, no seatbelt, etc.) 
• Reliability of your account – did your story change? What about the other party’s? 

When in doubt, it’s always best to consult with an attorney – after all, it’s free to consult with your friends at Marler Law!  

If you’ve been in an accident in St. Louis or Southeast Missouri, Scott Pecher is one of the best attorneys in the region. He’s been on both sides of the table, representing insurance companies and as well as countless clients like you.  

If you’re going up against the big insurance companies, you are much better equipped with someone who knows how they manage their claims and calculate what injuries are worth. 

If You’ve Been In A Car Accident, Schedule A Free Consult With The Attorneys Of Marler Law Partners Today! 

The post What’s My Car Accident Injury Worth? appeared first on Marler Law Partners.

Before you give a statement, there are some things you will want to consider:

1. Is the claim more likely to be against you or on your behalf?
2. Is the adjuster part of your insurance company, or the other party’s?
   a) If it’s the other party’s, be very cautious as they have the financial motive to manipulate your statement in a way that favors their driver.
3. Have you first consulted with your own insurance company?
4. Is it a serious enough claim (for example, personal injury to you or the other party) that you would need to consult with an attorney?
5. Do you have all the information in front of you that the insurance adjuster has, such as a police report?

Whenever in doubt, it is always best to consult with an attorney before you file a claim or give a recorded statement. If the case does involve personal injury, your attorney will likely want to be present and participant in any statement you give or will not want you to give a statement

Attorney Scott Pecher of Marler Law Partners has not only handled cases and claims on behalf of injured people; he previously worked for a large insurance company handling cases and claims for them. He knows how insurance carriers examine claims, handle their investigations and how to maximize your recovery!

Call Marler Law Partners at 573-747-4532 for a free, no-obligation consultation today.

The post Insurance Claims: Should You Give a Recorded Statement to the Insurance Company? appeared first on Marler Law Partners.

I suggested to my friend that the passenger’s family file a claim with the driver’s insurance company.

My friend responded, “No, they don’t want to sue him – they know him.” 

A Claim is NOT a Lawsuit

I completely understood where he was coming from, and before I was an attorney, I may have had the same reaction.  However, I was able to tell him, “You know, filing a claim is not the same as filing a lawsuit?”

The conversation continued as I explained that filing a claim with an insurance company does not equal a lawsuit.  A lawsuit usually only happens when the insurance company has denied or undervalued a claim, you think they’re wrong, and you choose to file paperwork in Court.  That’s a lawsuit!  A claim, meanwhile, is basically a discussion with and evaluation by an insurance company.

As anyone who has had a close family member or friend tragically pass away knows, there are so many unexpected costs and financial impacts that arise when someone tragically dies. And, just when you think it’s all settled, that’s typically when the medical bills start rolling in. 

If you or someone you knew was in this scenario, wouldn’t you want to help your family’s financial stress by filing a claim?

What to Expect

If the driver was at fault, the insurance company in a death case might write a check and settle the case.  Depending on the policy limits of the at-fault person, sometimes the process is pretty efficient.  The settlement proceeds can be used to pay for a funeral, for medical expenses, or to take some time off work to grieve. 

So, repeat after me: “A claim DOES NOT EQUAL a lawsuit!”  You will not be suing anyone if you decide to file a claim. It doesn’t cost anything to learn about your options.  And it doesn’t cost anything unless we collect for you.

Need An Injury Attorney In Southeast Missouri? Contact Marler Law Partners Today For Your Free Consultation.

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