Archive for December 28, 2011

Wrongful Death Damages Apportionment

Wrongful Death

In Missouri, Wrongful Death cases may only be brought once against any one defendant and whenever damages are recovered it is the job of the Court to apportion the damages throughout the class of parties able to recover damages for the Wrongful Death.  Due to the nature of this it is always advisable to have a Personal Injury Attorney ready to work on your behalf.

When the Court receives notice that damages have been agreed upon in a Wrongful Death case it will then break up the total amount of damages and spread those to the parties entitled to recover, as set forth by the classes in the Missouri Wrongful Death statute, this is apportionment.  The way the Court performs this function is by holding a hearing on the issue of damages and their apportionment, this is where the aid of a Personal Injury Attorney can mean the difference between receiving a significant portion of the damages and little to no portion.

At the hearing the parties within the class will be able to present evidence as to how the loss caused by the Wrongful Death has impacted them.  Your Personal Injury Attorney will present evidence in the form of documents and testimony that illustrate this loss; this can include funeral expenses, loss of income and in some instances the nature of the relationship between you and the person that was lost in the Wrongful Death will need to be shown to the court to make the best case possible for a greater proportion of the Wrongful Death damages.  Without a Personal Injury Attorney there to guide you it will be difficult to present the best picture possible to the Court.

If you have a Wrongful Death case and would like to speak with a Personal Injury Attorney contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.

Underinsured Auto Accident Coverage

Auto Accident

In Missouri insurance policies contain both uninsured motorist coverage and underinsured motorist coverage.  In either case it is advisable to consult Auto Accident Lawyers to make sure that when you deal with your insurance company, your position is being fully represented.

Underinsured motorist coverage is a part of your auto insurance policy that is in place to make sure that in the event of an Auto Accident where you suffer injuries, you will be fully compensated for the damage, pain and suffering.

Normally, after an Auto Accident your Auto Accident Lawyers negotiate with the other driver’s insurance company and if no settlement is able to be agreed upon your Auto Accident Lawyers will then file a lawsuit against the other driver, which their insurance company will defend with their own Auto Accident Lawyers.  However, it is not uncommon that the insurance company has agreed to certain limits with their insured and as such, they are able to pay an agreed upon maximum amount under the insurance policy.  Unfortunately, there are instances when the policy limit is less than the amount you may be due as a result of your accident.

In these situations it is very important that you have Auto Accident Lawyers that can help you seek additional compensation under the underinsured provisions of your own auto insurance policy.  In that situation, your own insurance is substituted as the “defendant” and your Auto Accident Lawyers will negotiate with them to make up the difference between the original insurers policy limits and the actual amount of compensation due to you.

If you have been injured in an Auto Accident and would like to speak with Auto Accident Lawyers contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.