Frequently Asked Questions

Traumatic brain injury (TBI) occurs when a sudden physical assault on the head causes damage to the brain. A closed injury occurs when the head suddenly and violently hits an object, but the object does not break through the skull. A penetrating injury occurs when an object pierces the skull and enters the brain tissue. Brain injury can happen in a car, fall or motorcycle accident. This type of injury most often occurs when sudden impact with a dashboard, window, a severe fall or outside object at high speed happens.

Two commonly injured ligaments in the knee often caused by car accidents, motorcycle accidents or trip and falls are the anterior cruciate ligament (ACL) and the posterior cruciate ligament (PCL). The ACL is most often stretched or torn (or both) by a sudden twisting motion. The PCL is usually injured by a direct impact, such as in an automobile accident or football tackle.

The medial and lateral collateral ligaments are usually injured by a blow to the outer side of the knee. This can stretch and tear a ligament.

Ligament injuries are treated with:

• Ice packs (right after the injury) to reduce swelling
• Exercises to strengthen muscles
• A brace
• Surgery (for more severe injuries).

If someone you love has been killed in Missouri as the result of someone else's negligence, you may be eligible for compensation in a wrongful death claim. However, there are specific rules on who is eligible to make a wrongful death claim in Missouri. If you have questions on whether or not you can make a claim, you can get the advice of a wrongful death attorney.

The only person who can make a wrongful death claim is the deceased's personal representative. This representative must make the claim on behalf of the deceased's estate, and on behalf of each individual survivor. In this case, survivors may include:

• the deceased's spouse,
• the deceased's children;
• the deceased's parents;
• the deceased's blood relatives; and
• in some cases, their adoptive relatives.

Under Missouri statutes, survivorship is to be determined at the time of the deceased's death. Furthermore, statutes specify what type of damages each type of survivor may recover. In a Missouri wrongful death claim, damages may include the deceased's medical expenses, their funeral and burial costs, and specific losses that were suffered by the survivors.

If you want to file a wrongful death claim or want to know more about who can act as a deceased's personal representative, call us for a FREE case review at 314.344.0800.

You have already been in an accident, sustained serious injuries, and may be unable to work. Now your credit could also be damaged because you can’t pay your medical bills.

If you have sustained injuries in any kind of accident, then you are bound to have thousands of dollars in unpaid medical bills. But the fact is, no matter who was at fault, you are still accountable for your medical bills. If your bills go unpaid, your credit could be damaged.

If you have health insurance, then you need to ensure that your bills are paid through that policy, as health insurance companies receive a discounted rate on services provided. Your insurance company will then be reimbursed from your settlement, leaving more money for you.

If you do not have health insurance, then you need to contact a St. Louis accident attorney at Castle Law Office-314.344.0800. These situations can be very complicated, and you don’t want to be stuck with medical bills that should be paid by the negligent party.

Not necessarily. It is not always clear what has truly happened after an accident. In some instances, it may look as if the driver was not wearing a seat belt. If the seat belt was defective, however, it may have come off during the accident, leading to the death of the driver. That is why it is essential to keep the car for proper inspection after an accident. Not everything is as it seems when it comes to accidents. It is always best to contact an attorney experienced in auto defects to truly understand what may have happened during an accident and if you are entitled to compensation.

In Missouri, a wrongful death case can be filed by the spouse, children, surviving descendants of any deceased children, father, or mother. If none of those are able to bring up the suit, a brother or sister of the deceased has the right to file a suit.

There is also no cap on the damages that can be awarded in Missouri. If you feel that a relative of yours was killed wrongfully in an accident, you would be well-advised to contact an attorney who can understand your claim and file it properly.

Not necessarily. You will definitely want an attorney to review other possible sources of payment. Was the other driver working at the time? Did he live with someone else? Does your policy have UIM/UM coverage? If you are unsure, click here.

You would be well-advised to still speak with an experienced auto accident attorney. You may not know for sure that the accident was partly your fault. Though it may have looked that way in your eyes, the other driver may have been doing something of which you were unaware. It could be in the police report. It might come out in a recorded statement or it might even come out in a deposition once your attorney questions them.

Even if you are partially at fault, Missouri uses the principle of comparative fault which lets you recover the amount of damages you weren't responsible for. For example, if you were responsible for 20% of the accident, your award will be reduced by 20%. Again, you may not actually have as much fault as you think and it is best to contact an attorney experienced in car accidents in order to fully understand your options.

A: Absolutely!!

If you have been injured in a St. Louis car crash, you can be reimbursed for your time off of work due to medical restrictions or doctor's appointments. You should not have to use your sick time or vacation days to pay for the pain someone else has caused you. In order to make the best case possible, be sure to keep good records of all time off and the cause of this inability to work. Keep all doctors' appointment slips and medical documentation from your doctor that states you are were unable to work. Also obtain a report from your workplace that shows your lost time, days marked off, and anything else that shows you have lost wages.

A: No, you need to be patient. Even if you think a quick settlement will help you pay off your bills, it is in your best interest to give it some time. Waiting will help you make sure you've made all the right moves.

A: Different states have different time limits on how long after an accident you can pursue your claim. An experienced injury attorney can help you make sure you file a claim in time, so you receive the treatment and care you deserve.

A: If you are in a car accident, you may experience an injury that is common to the neck called whiplash. A whiplash injury occurs from sudden jerking or backward or forward acceleration of the head which most commonly causes pain in your neck. If you are in a vehicle that is suddenly or forcibly struck from the rear, you may experience whiplash injuries.

A: Yes! You need to take note of anything you saw the other driver doing while driving. If the other driver who caused you to get into a car accident was driving distracted taking note of this can help prove details in your Missouri car accident case.

A: Obviously, when greatly exceeding the speed limit you are very likely to cause danger to other motorists on the road, as well as a potential Missouri car accident. But, what you probably don't realize is that while driving even a measly 5 mph over the speed limit, you as well as motorists around you are still at risk.

Use this pedestrian accident caused by minor/moderate speeding as an example of how dangerous this can be.

If a pedestrian walks onto a crosswalk with a car approaching at 30 mph, and the driver breaks 45 feet away from the pedestrian, the driver has enough room to stop without hitting the pedestrian. If the driver is going 35 mph, then this radically changes the situation. At 35 mph, and again with the pedestrian 45 feet away, the car will not have time to stop without hitting the pedestrian. So, the pedestrian will be hit by a car that is going around 18 mph, which can cause injuries or even a fatality that wouldn't have been caused if the car had only been driving the speed limit.

A: Uninsured and underinsured motorist coverage are forms of insurance that protect you in the event that you are injured by someone who does not have adequate insurance to compensate you for your injuries. I recommend asking your insurance agent how much it would cost to increase this type of coverage to protect you in case you are involved in an accident with an uninsured or underinsured driver.

A: You should always make sure your mirrors are properly adjusted before driving. Although many people think they follow this step and do adjust their mirrors, they don't do it properly. By adjusting your mirrors to eliminate blind spots, you save yourself from checking over your shoulder and taking your eyes off the road, which can then decrease your chances of being involved in a Missouri car accident.

In order to eliminate blind spots, you should follow the Blind Spot Glare Elimination (BGE) method. The steps are as follows:

1. Place your head against the driver's side window. Adjust the driver's side mirror so that you can barely see the driver's side of your vehicle.
2. Move your head to the center of your vehicle, between the driver's and passenger's seats. Adjust the passenger's side mirror so that you can just barely see the passenger's side of your vehicle.
3. Adjust your rearview mirror so that it is centered.

In order to check your BGE settings, watch as a car passes you in an adjacent lane. You should be able to see it in the side mirror before it leaves the inside rearview mirror. You also should be able to see the vehicle in your peripheral vision before it leaves your side mirror.

Adjusting your mirrors using the BGE method may take some time to get used to, but, if used consistently and properly, it could help minimize the occurrence of Missouri auto accidents.

A: Headlights are vital pieces of equipment on your vehicle that allow you to see - and be seen by -other drivers. This can, in turn, prevent Missouri auto accidents. The benefits of having headlights on greatly outweigh any risks, which is why many vehicles are equipped with daytime running lights. These lights are always illuminated when the vehicle is on, leading to increased visibility for both the driver and other motorists on the roadway.

However, some vehicles do not have this feature, which can leave drivers in a predicament if they are driving at a time during which their lights are supposed to be illuminated - especially if they aren't aware of the headlight laws in their state.

Missouri's headlight laws are pretty similar to other states in the nation, and are not nearly as strict as many. They require that headlights be used in the following situations:

• One half hour after sunset to one half hour before sunrise;
• Any time when there is not enough visibility to clearly see people or objects at a distance of 500 feet;
• Any time in which the use of windshield wipers is necessary due to inclement weather.

By following these headlight laws in Missouri, you will make your path easier to see as well as make your vehicle more visible to other drivers on the roadway.

A: According to the National Highway Traffic Safety Administration (NHTSA), there are three types of distractions:

• Visual: Taking your eyes off the road.
• Manual: Taking your hands off the wheel.
• Cognitive: Taking your mind off the road.

Distracted driving is defined as any non-driving activity that a person engages in while operating a motor vehicle. This includes things like texting, talking on a phone, eating, and daydreaming. In a nutshell, distracted driving consists of anything other than the necessary actions for driving your car.

The NHTSA has found that 80 percent of accidents are caused by some sort of driving distraction. Most of the time, these accidents occur when someone reaches for something while the vehicle is moving.

The NHTSA is currently trying to combat the problem of distracted driving by implementing its new multi-year Distraction Plan and Research Agenda. It will further examine driver communications and electronic devices, like cell phones and GPS systems, to learn more about how the distractions from these devices affect the driver, as well as what can be done to help alleviate the problem.

A: There are a lot of "answers" out there on this topic.  I've heard as young as 5 years old and as old as a teenager. The truth is that age is a bad way to determine this. A better way of determining if your child is large enough to leave a booster seat is height and weight.  Your child should be AT LEAST 4 feet 9 inches tall and pass the following criteria:

• Can they sit all the way back in the car's seat?
• Do their knees bend comfortably at the edge of the seat?
• Does the bottom part of the seatbelt rest naturally on their stomach, touching the top of their thighs?
• Does the shoulder belt rest across the middle of their shoulder and chest?
• Can they stay seated that way for an entire trip?

Generally a child will be able to fulfill all of these requirements between the ages of 8 and 10. As for the front seat, 13 is probably a good minimum cutoff, again depending on size.  The reason front seats are so dangerous (more dangerous than the backseat in fact) is that the child is more likely to collide with the dashboard or be thrown into or ejected through the windshield. Airbags are also, at times, quite dangerous to children who aren't big enough to ride up front.  Their deployment can cause extreme head and neck injuries, even death.

A: Yes. Car accidents are by far the most common type of accident in which children are injured. About 250,000 kids are hurt every year in car and truck accidents nationwide.  That's about 700 kids a day. Moreover, about 2,000 of those kids are actually killed in those car accidents.  Children make up about 5% of the total yearly car accident fatalities.  In Missouri for children aged 2 to 14 car accidents are leading cause of death.

A: Roughly 35,000 people are killed in car accidents every year. About ONE HALF (17,000) of these deaths could have been avoided by wearing seatbelt. When used properly seatbelts also reduce the number of serious injuries in traffic crashes by 50%. Why do seatbelts reduce so much damage? Because an unfastened person weighing 160lbs in a 30mph collision can strike another passenger, crash through the windshield, and/or slam into a vehicle's interior with the force of 4,800lbs.

A: Airbags are also present in cars to help reduce the devastating effects of these secondary collisions, but did you know that airbags are designed to work WITH seatbelts, not in place of them? In fact, without a seatbelt you could actually be thrown too rapidly into an airbag. Such a forceful movement could cause injury or even death. Airbags, just like seatbelts, if not employed properly, can actually become dangerous and even deadly.

A: Is it legal? Yes. Is it smart? Definitely not.

Just like driving while eating, talking on your cell phone, or texting while driving, driving with a pet in your lap is a distraction that could lead to a Missouri auto accident. According to the American Automobile Association (AAA), one in five dog owners admit to driving with a pooch in their lap, but this doesn't make it okay. It just makes it a rising problem that needs to be addressed.

Some states, such as Hawaii, have taken action by prohibiting drivers from operating a vehicle with an animal in their lap. However, very few states have strict rules regarding the issue. Regardless of whether it is legal or not, it is still an issue that should be addressed.

Not only does driving with a pet in your lap put you at risk for involvement in a Missouri car wreck, but it also could cause serious harm to you, your pet, and any other occupants in the vehicle if a sudden stop were to occur.

Play it safe and restrain your animal each and every time you drive.

A: Missouri drunk driving crashes are different than most other types of accidents, as more than one party may be held liable.

First of all, the driver can be held liable for the accident, so long as it can be proven that he or she was at fault.

The other party that may carry some of the burden is the bar or establishment where the driver was served alcohol. If it can be proved that the patron was served alcohol when already visibly intoxicated, or if the driver was a minor, then the establishment may be held liable for damages.

If someone you love has been seriously injured by a drunk driver in a Missouri auto accident, you should not try to handle the case on your own. You can be certain that the drunk driver, his or her insurance company, and the bar or restaurant will all have lawyers fighting for them.

You need experienced representation on your side to ensure that you are awarded the compensation you deserve from all responsible parties. Contact Castle Law Office at 1-866-990-8989 to schedule your free case evaluation with a St. Louis drunk driving accident lawyer.

Also, be sure to order your free copy of I Survived!: The Crash Victim's Guide to Dealing with the Aftermath, written by St. Louis injury lawyer James Brown.

A: There isn’t a certain age at which your elderly loved ones should stop driving. However, if you start noticing signs that they may not be as safe as they used to be, including involvement in a Missouri auto accident, then it may be time to have a talk about limiting or discontinuing driving.

In Missouri, license renewal requirements become stricter at age 70. Starting at 70, a Missouri driver’s license must be renewed, in person, every three years. A vision test is required during this renewal. However, a driving test is not required unless the license was expired for more than six months. Because a driving test is not required, it is extremely important that you take a proactive approach to ensuring the safety of your elderly loved one as well as others on the roadways.

A: Not only do you not have to talk to the other driver's insurance company, you should not talk to them without first consulting with a Missouri accident attorney.

Insurance adjusters may seem like nice people who really want to help, and this is exactly what they want you to think. Now, I'm not saying that insurance adjusters don't care or are inherently bad people, but the thing to understand about insurance adjusters is that they have a job to perform. And that job is to settle your case for as little as possible in order to protect the assets of the insurance company.

In order to do this, they may try to paint a different picture of how the accident actually happened, may try to make you admit responsibility and may try to make you feel guilty for the outcome.