Frequently Asked Questions

1. Should I "bother" the lawyers all the time?
The relationship between you and your lawyer is a confidential and professional one. Many clients feel that a call on the telephone might be interpreted by their lawyers as an attempt to "bother" them. We are delighted to hear from you and expect to hear from you at regular intervals. However, since most of our time is spent either in actual trial, or preparation for trial, it may not always be easy for you to reach us on the telephone. When something concrete or specific happens in your case, we will advise you. Otherwise, you can be assured that your case is following the normal course of preparation. If you are unable to reach us personally on the telephone, leave your message with our secretary or write us a short note. Quite often, we will return your calls in the evening, or on weekends, if you are unavailable during the day.

2. Should I keep a list of my days off from work or my expenses?
Yes, complete lists of all dates that you are unable to work, as well as complete lists of each and every item of expense that you attribute to your accident, must be kept and will greatly aid us in recovering your losses and in handling your case. In addition, the defense will request complete substantiation under oath of all of these items sometime during the pendency of your case.

3. Will the other party's insurance company pay me for my automobile damage?
Most insurance companies will not pay piece-meal for certain portions of your total claim, e.g. property damage, medical bills, wage loss, etc. The property damage claim will be disposed of at the time of final disposition of your personal injury claim.

4. Should I have my car repaired now under the deductible collision policy, in which event my insurance company pays for the loss over the $100 or $200 deductible, or should I let my lawyer collect it as part of the lawsuit?
If you are protected with collision insurance, by all means make your claim against your own company now for the loss. Your own company will in turn be reimbursed eventually for the amount that you were paid by them. The $100 or $200 that you lose may be included as an item of damage in your claim. If you do not wish to claim under your own policy for collision damage, the amount of your property loss will be included by us in your lawsuit. We must know quickly, however, whether you intend to collect from your own company or not.

5. If I elect to have my automobile repaired, should I obtain pictures of it before it is repaired?
Yes, snapshot, Polaroid or digital pictures are very helpful.

6. What is my case worth?
Volumes have been, and can be, written about the worth of claims. Something is worth what someone else will pay for it. The "marketplace" for determining the value of your case is the courtroom. Identical injuries are worth more or less depending upon many different factors.

By far, the most important of these factors are:

1. The nature and extent of your injuries, for example: whether they are temporary or permanent; the amount and kind of medical treatment you received; whether your injuries have disabled you from work, etc.
2. The amount of fault the other party played in causing your injury. In product liability cases, the important factor is the dangerousness of the product.
3. The amount of fault on your part, if any.
4. The amount of your expenses and losses.

There are many other less important factors that nonetheless play a significant part in the ultimate question of case value, including:

1. The type and kind of witness that each party would make before a jury. In Missouri, a jury is not informed of the presence or absence of liability insurance. In fact, it is improper for anyone to mention it. Sometimes in cases involving individual defendants, as opposed to corporations, juries are led to believe that a defendant's personal property or home will be taken away in the event of an adverse judgment.
2. The place where a jury case is tried. The place of filing suit depends upon where the accident happened, where the parties live, and where the defendant can be found.
3. The amount of insurance coverage of the defendant.
4. The availability or unavailability of the various witnesses.
5. The ability of expert witnesses to convince a jury.
6. The availability of testimony of your physicians to substantiate the extent of your past and future problems, and their relation to your accident.

7. Will my case go to court?
It has been our experience that most cases are settled without trial. Some cases can be settled without the even filing suit. However, if the insurance company makes no offer, or makes an offer that is unacceptable to you, suit will be filed and your case will be set on a trial calendar and will eventually proceed to trial before 12 jurors (6 jurors in the Federal Court system). The jury is made up from people from all walks of life residing in this area, whose names are picked at random. After hearing evidence from both sides, and applying guidelines and instructions of the judge, the jury renders its decision.

8. How much money would a lawsuit seek?
Under our rules in Missouri, a plaintiff may not set out the specific amount desired in a petition or complaint. The suit can only be for "fair and reasonable" damages, as opposed to a specific monetary amount. A petition contains allegations setting out the reasons why the plaintiff is entitled to recover from the defendant and ends with what is termed a "prayer" for damages but not a specific amount. Our opportunity to request a specific amount of damages from a jury is in the closing arguments during trial.

In Missouri, as in some other states, a jury award must be fair and reasonable and somewhat uniform, or in conformity with other verdicts for similar injuries. The standard or fairness and reasonableness is based upon all of the facts brought out in evidence. If the trial judge believes that a verdict is against the weight of the evidence, the judge may cut the size of the verdict and reduce it after the trial. If the verdict is still too high in the opinion of the insurance company's counsel, the reduced verdict may also in turn be appealed to an appropriate Appellate Court for further review and a possible further reduction. Therefore, under our system of legal and appellate review, it is virtually impossible for anyone to recover too much.

9. Would I sue the insurance company?
If suit is filed on your behalf, it will be filed against an individual, company or corporation, but not in the name of the insurance company that stands behind the defendant. Insurance is a contract of indemnity and the insurance company stays in the background until a settlement or judgment is entered into or rendered against the named insured under the insurance policy. Your case will be entitled Jones vs. Brown, Jones vs. Dr. Smith and ABC Hospital, and not Jones vs. State Farm Insurance Company, etc. The jury is not supposed to be advised of the presence or absence of liability insurance. In fact, to mention the name of an insurance carrier that may be involved in a given case usually results in a mistrial and starting over. There are exceptional cases which do involve suing an insurance company directly. For example, uninsured motorists cases and suits against life insurance companies, etc. But for the most part, lawsuits which are brought on behalf of injured people in Missouri and Illinois do not permit the naming of the insurance company as an additional defendant in the case. The indemnifying insurance company, however, employs defense counsel to defend the case.