How Are Wrongful Death Proceeds Divided in Missouri?

Losing a family member is hard, and it’s even harder when their death is a result of negligent action. Wrongful death lawsuits help to ensure the victim’s family members are properly compensated during this difficult time; however, the way the proceeds are divided depends on the state. Here’s how wrongful death compensation is divided in Missouri.

How are Wrongful Death Proceeds Distributed?

In Missouri, the proceeds of a wrongful death lawsuit are paid to the individuals who filed the claim. Even if they weren’t directly involved in the lawsuit, whoever was included in the class must agree on how compensation is divided. Usually, it’s decided amongst the individuals how proceeds should be distributed, but attorneys can also be appointed to help divide the settlement. If the parties can’t come to an agreement with or without an attorney, the court can decide after hearing from everyone.

Who Can File for a Wrongful Death Suit?

Surviving spouses, children, parents, and siblings can file a lawsuit for wrongful death in Missouri. These parties can file for economic damages, such as lost wages, medical bills, and funeral bills, or non-economic damages, including pain, suffering, and loss. Punitive damages which punish the negligent party can also be included in the suit.

The Advantages of Hiring a Wrongful Death Attorney

A wrongful death suit can be a long and complicated process that adds extra grief and stress to an already trying time. There are specific time limitations to filing a claim, and there can be lots of legal hoops to jump through. Whether you’re just beginning to file your claim or need help dividing the benefits, you need a lawyer you can trust who understands the law and can fight for your fair compensation. To receive maximum benefits from your wrongful death claim, you need Lanzotti & Rau.

Experienced Wrongful Death Attorneys in Missouri

The lawyers at Lanzotti & Rau are here to help you navigate the wrongful death claims process and pursue legal action to receive the benefits you deserve. If you want to learn more about our legal services or how we handle our wrongful death cases, schedule a free case evaluation today by calling us at 573-335-9300.

5 Things to Look for in a Workers’ Comp Attorney

If you’re suffering due to a work-related injury, it’s a good idea to talk to a workers’ compensation attorney to see how you can increase your settlement. However, there are several things to look for when you’re considering which workers’ comp attorney to hire.

  1. Experience with Workers’ Compensation Cases

Obviously, the biggest thing to look for when hiring a workers’ comp attorney is their experience level with workers’ compensation cases. Attorneys with field experience will know all the ins and outs of workers’ comp laws and will help you file your claim on time for the maximum amount of benefits.

  1. Experience with Your Injury

Just as it’s important to hire a lawyer with experience in workers’ compensation, it’s important they also have experience with cases similar to yours. Different injuries could mean different types of benefits. If your injury is uncommon, you will need an attorney who is familiar with the full scope of compensation you can receive for your particular on-the-job injury.

  1. Good Community Standing

Lawyers with a good public image will be more reputable. Positive client testimonials and word-of-mouth recommendations from friends and family can be the best sources of information. Membership in a professional organization can also show an attorney’s office is in good standing and will serve you well.

  1. Provides Confidence, Positivity and Respect

Your lawyer should remain positive and proactive throughout the entire claims process. They should be genuinely interested in you and respect your time when you speak. By maintaining positivity and respect, a good workers’ comp attorney should instill a sense of confidence in you, so you know they’re ready to win your case.

  1. Excellent Service

Good customer service shows your workers’ compensation attorney isn’t in it for the money—they’re in it for you. Some law offices will offer a free consultation or won’t charge fees until your settlement is paid out. This shows they’re dedicated to your cause and want to see you succeed in court, no matter the cost.

Trusted Workers’ Comp Attorneys in Missouri

All of the above workers’ comp services are offered by Lanzotti & Rau. Our expert team is ready to help you pursue legal action and receive your due compensation for any work-related injuries. To learn more about our workers’ compensation services and how we handle our cases, schedule your free case evaluation by calling us today at 573-335-9300.

When to Hire a Lawyer After a Car Accident

Car accidents are unexpected events that can have lasting consequences on your physical and mental health. To receive the benefits you deserve, it may be a good idea to hire a car accident lawyer. Here’s when you should hire a lawyer after a car accident.

When Filing an Insurance Claim

Following a car accident, you should file a claim with your insurance company. Filing a car accident claim involves providing the insurance company with details of the accident as well as any potential injuries. This will help you determine how much your initial settlement could be.

Keep in mind, however, that this claim might not get you the maximum amount of compensation. Car accident injuries can take days or even weeks to appear, and there’s a chance the insurance company won’t provide you enough to cover the full extent of your pain and suffering. Additionally, your or the other driver’s policy may not be sufficient enough to cover the damages.

Soon After Your Car Accident

Generally, the sooner you consult with a personal injury lawyer, the quicker you’ll receive your benefits. While Missouri gives up to five years for car accident victims to file a personal injury claim, that’s much too long to wait. Most personal injury lawyers will provide a free consultation to determine if filing a claim is the best course of action, and they’ll be able to get to work right away. As soon as you realize you’ve been injured from a car accident, you should consider hiring a car accident lawyer.

In addition to getting your compensation quicker, the sum could also be higher. Some settlements can reach up to 3.5 times the initial amount if a car accident lawyer is involved. This includes compensation for medical bills, lost wages, and repairing or replacing your vehicle.

Rely on Experienced Missouri Car Accident Lawyers

If you live in the Southern Missouri area and have been the victim of a car accident, the lawyers at Lanzotti & Rau are here to help. Our local team of experts are ready to help you pursue legal action to receive compensation for your car accident injury. To learn more about our services and how we handle our car accident cases, call us today at 573-335-9300 and schedule a free case evaluation.

Who Can Bring a Wrongful Death Claim in Missouri?

Wrongful deaths occur when a person dies as a result of negligent, reckless, or intentional acts by another party. Under Missouri law, survivors can file claims to seek damages on the deceased’s behalf or to recover losses that occurred in connection with the wrongful death. Here is some information on who can and cannot file a wrongful death claim in the state of Missouri.

Who Can File a Wrongful Death Claim?

In short, surviving family members or representatives of the deceased can file a wrongful death claim in Missouri. The state divides claimants into two categories.

  1. Category one claimants have the highest priority and is comprised of immediate family. Spouses, parents, children and grandparents are all included in this first category.
  2. Category two is for decedents who don’t have any surviving spouses, children, grandparents, or parents. Under this category, the next living sibling or descendant can file the wrongful death claim. If there are no surviving family members, a representative of the deceased’s estate can file. The final type of individual included in category two is a plaintiff ad litem. According to Missouri law, a plaintiff ad litem must be suitable and competent to file a claim, and must be requested by someone who is entitled to the deceased’s benefits. A plaintiff ad litem is usually a court-appointed individual.

When Can I File a Wrongful Death Claim?

If you believe you’re entitled to benefits from a wrongful death, the wrongful death claim must be submitted as soon as possible. Most claims can be filed within one to three years, but there are many specific rules to follow that often require nuanced experience to navigate. In order to receive your full benefits in a timely fashion, it’s best to consult with a professional. A wrongful death attorney will know all the ins and outs of filing for a claim and help you receive the benefits you deserve.

Experienced Wrongful Death Claim Lawyers in Missouri

The lawyers at Lanzotti & Rau can help you through the wrongful death claims process and pursue legal action to receive compensation for your loss. To learn more about our legal services or how we handle our wrongful death cases, call us today at 573-335-9300 and schedule a free case evaluation.

How Long After Workers’ Comp Settlements Do I Get Paid?

If you’ve been injured on the job, you may be entitled to workers’ compensation. While workers’ compensation claims may seem straightforward, they’re a complicated process that could take weeks or months to settle. Here’s a timeline of when you can expect your workers’ compensation settlement after filing your claim and how workmans comp lawyers can expedite the process.

How Long Can Workers’ Comp Settlements Take?

While your workers’ compensation case starts as soon as you’re injured, it may take a few months before you actually see any benefits. This is because most people wait to settle their claim until after they’ve reached the point of Maximum Medical Improvement, or MMI. MMI is essentially the point at which you’ve healed as much as you can, and physicians have done everything to help. MMI is the biggest factor in determining how long your workers’ compensation will take because it’s based on the severity of your injury.

What Can Delay Your Workmans Comp Settlement

Essentially, the more severe your injury is, the longer you’ll have to wait for your workers’ compensation settlement. While some only wait a few days, others have to wait weeks or months. It’s possible in Missouri to settle before you reach MMI, but it’s not ideal. If you receive benefits before you’re fully recovered, you’re missing out on coverage for any additional recovery time or medical bills. Insurance programs won’t want to pay once you’re settled, meaning you may incur out-of-pocket expenses that won’t be reimbursed.

Other Factors That Affect Workers’ Compensation Claims

Even after you’ve reached MMI, it can take insurance companies several months to collect medical records and evidence to prove the extent of your injuries. Negotiations will also take time. Oftentimes, the initial settlement offer isn’t the one you end up receiving. Insurance companies, administrative law judges, and defendants all have to discuss your case, so your amount may change over time. In order for you to receive what you deserve, it could take up to three months.

Ultimately, the best way to get your worker’s compensation claim settlement in your hands within a reasonable amount of time is to hire an experienced workmans comp lawyer to negotiate the process on your behalf.

Effective Workmans Comp Lawyers in Southeastern Missouri

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your work-related injury. We will stay on top of all parties involved to ensure there is constant forward momentum in your case until your settlement is resolved.

To learn more about our workers’ compensation legal services or how we handle our cases, call us to schedule a free case evaluation at 573-335-9300.

How an Attorney Can Help with Your Car Accident Claim

If you’ve been in a car accident, you may be thinking about pursuing legal action. While it’s possible to represent yourself in filing a car accident claim, hiring an attorney is your wisest option. A good car accident attorney will know all the laws surrounding car accident claims and help you to navigate the process so you receive your benefits sooner.

Here are a few ways an attorney can help you with your car accident claim.

Handling Communication with Insurers

Insurance companies need to be in constant contact with defendants during car accident claims, but sometimes they won’t want to talk to the defendant directly. Instead of dealing with it yourself, an attorney can communicate with the other party’s insurance adjuster, ensuing lines of communication remain open, good relations are maintained, and information is easily accessible.

Obtaining Evidence

The most crucial part of a car accident claim is recovering and recording evidence. To receive maximum benefits and strengthen your claim, you must prove the extent of your injuries and that the other party is at fault. It can take a long time to collect and compile accident reports, photos, and videos of the accident scene and medical records. Attorneys can help streamline this process by contacting hospitals and local agencies to get quicker access to these records. Your car accident attorney will save you time and energy, so you can focus on recovery.

Negotiating Your Car Accident Claim

Negotiation is key to receiving a large settlement. Oftentimes, car accident claims will get settled out of court through a series of negotiations. It’s a very difficult skill to master, and insurance companies may try to take advantage of you if you don’t have a lawyer. A good negotiator will know how much your claim is worth and when to stand up and negotiate for you, so you’ll receive your benefits.

Southeastern Missouri’s Trusted Car Accident Lawyers

If you’ve been injured in a Missouri car accident, contact Lanzotti & Rau. Our lawyers have the expertise to help you pursue legal action to receive compensation for your car accident injury. If you want to learn more about our legal services or how we handle car accident claims and cases, call us to schedule a free case evaluation at 573-335-9300.

What Lawyers Look for in a Truck Accident

The aftermath of a truck accident can be difficult to deal with on your own. Therefore, hiring an experienced truck accident attorney to fight on your behalf is crucial. Trucking companies will work hard to look out for their interests and discredit your pain and suffering in order to ensure a minimal settlement.

To win your case, your truck accident lawyer will need to conduct a thorough review of the accident and resulting effects. Here’s what your attorney will look for in a truck accident case.

Truck Accident Documentation

The most important thing lawyers will look for in a truck accident is written and photographic evidence taken before and after the accident. A trucker’s hours of service log or GPS location tracker can tell the court if the driver was overworked or driving at an unsafe speed. It can also tell if the trucker tries to lie about the accident.

Witness testimony is another key factor. People who saw the accident, including parties not directly involved, can give a first-hand account of what happened. A good lawyer will be able to cross-reference all this information to create an accurate depiction of the accident.

Truck Accident Medical Bills and Insurance

Other factors that truck accident lawyers will look for when handling your case will be any personal medical bills incurred as well as the trucking company’s insurance information. It’s important for your lawyer to know every medical expense you’ve had because of the accident as well as lost wages due to injuries so they know how much your claim is worth.

Your truck accident attorney should also be familiar with the other party’s insurance policy. That way, they can hold the trucking and insurance companies accountable if they’re not providing you with full benefits.

What to Look for in a Missouri Truck Accident Attorney

Before filing a truck accident claim, you’re going to want to hire a lawyer you can trust. To defend your interests, your attorney should have experience settling truck accident cases and be familiar with the Missouri truck accident laws. A good attorney will be willing to work toward a fair settlement instead of taking a small payout from the insurance companies. Fortunately, the knowledgeable lawyers at Lanzotti & Rau are ready to take on your Missouri truck accident claim.

Experienced Missouri Truck Accident Attorneys

The team at Lanzotti & Rau has years of experience representing victims of truck accidents and will aggressively pursue legal action to receive compensation for your injury. If you want to learn more about our legal services or how we handle our truck accident cases, call us today at 573-335-9300 and schedule a free case evaluation.

How to Handle the Social Security Disability Reconsideration Process

Social Security disability (SSD/SSI) benefits can help if you can’t work due to a medical condition, but the majority of SSI claims are rejected when they’re initially filed. The first step in appealing is the reconsideration process where you can present new evidence to strengthen your SSI claim.

Here are a few tips on handling the Social Security disability reconsideration process and receiving SSI reconsideration approval.

SSI Reconsideration Approval Tips

  • Be Timely

    The Social Security disability reconsideration process can take anywhere from three to five months, so it is important to start this process as soon as you can. Once you receive the decision on your initial claim, you have 60 days to begin the appeal. Try to send in your reconsideration as soon as you can so deliberation can begin and so you can receive your benefits sooner.

  • Be Thorough

    The person who reviews your Social Security disability reconsideration is bound to the same laws as the initial reviewer, which means your initial claim was likely denied because there wasn’t enough information. The decision letter will tell you why your initial claim was denied. It’s a good idea to review the original decision and find if any information was left out.

Make sure all your forms are up to date with the latest information. You should provide any new medical information, including doctor’s visits, new treatments, and work you’ve performed. A letter from a medical professional explaining why you qualify for disability benefits can also strengthen your case.

  • Hire an Attorney

    The Social Security disability reconsideration process can be difficult and confusing to navigate alone. Not only does hiring a disability lawyer allow you to better understand the process, but the chances of you winning your claim increase.

Studies have shown that claimants with a disability lawyer are up to three times more likely to have a successful claim. Plus, an experienced attorney will be able to help you look through the paperwork and determine if anything is missing. That way your claim can be submitted and approved faster, and you can begin receiving the benefits you deserve.

Southeastern Missouri’s SSI Reconsideration Approval Experts

The lawyers at Lanzotti & Rau will help you navigate the Social Security disability reconsideration approval process and take legal action to receive the compensation you deserve. If you want to learn more about our legal services or how we handle our Social Security disability cases, call us today to schedule a free case evaluation at 573-335-9300.

What Is the Average Car Accident Settlement in Missouri?

If you’ve been in a Missouri car accident, you may be entitled to a settlement. These accidents can result in physical and psychological damage, and you may not be able to work while you recover. The average settlement payout of a car accident in Missouri is dependent on a number of factors, including severity, damages, resulting injuries, and lost wages. While there isn’t a fixed amount, there are averages of what your car accident settlement could be.

Average Missouri Car Accident Settlement Without Injuries

Many car accidents are simply fender benders where there is no serious harm done to either party, and the biggest damages are to the vehicles. Since there may be no injuries and no medical bills involved, these cases will settle for a smaller amount than a major accident.

The average settlement in Missouri for a minor car accident is between $3,000–$15,000. In this case, the amount of damage caused and the type of vehicle involved are the main considerations in determining the settlement amount. Missouri law allows defendants to receive compensation for repairs or replacement parts, so those bills may factor in as well.

Average Missouri Car Accident Settlement With Injuries

A major car accident can result in serious injury or even death. As a result, such an accident will produce a much different range of settlements. There are also a few more factors that play into this type of car accident. Physical pain and suffering, as well as the severity of your injuries, are two of the most important factors. Car accident claims can be strengthened by including medical bills that resulted from injuries sustained in the accident.

Missouri law also allows defendants to receive compensation for loss of income in the event their injuries cause them to miss work. Driving under the influence, without a license, or other cases of negligence are another factor that could increase settlement benefits. Overall, a major car accident settlement in Missouri can range from $15,000 up to more than $1 million if injuries are sustained.

Experienced Car Accident Lawyers in Missouri

Car accident claims can be complex. Since there’s so much at stake, you’ll want a lawyer with experience who’s not afraid to fight for your maximum amount of benefits. Fortunately, the lawyers at Lanzotti & Rau are ready to pursue aggressive legal action to receive compensation for your Missouri car accident injury.

To learn more about our legal services or how we handle our car accident cases, call us today at 573-335-9300 to schedule a free case evaluation.

Missouri Truck Accident Attorney

 

Semi-truck accidents can cause serious injury or even death to motorists and pedestrians, while often leaving the driver of the 18-wheeler unharmed. To add further insult to injury, filing a truck accident claim to receive compensation can be an uphill battle, especially without an experienced lawyer.

Fortunately, the experienced lawyers at Lanzotti & Rau are well-versed in the legal process to help you if you’ve been the victim of a Missouri truck accident.

What Causes a Truck Accident?

There are several types of negligence at work that lead to a truck accident. While the trucking industry has lots of safety codes, these laws often get violated. Some common causes of a truck accident include:

  • Negligent loading
  • Unqualified drivers
  • Driver fatigue or error
  • Skipped maintenance
  • Drivers not taking required breaks or being overworked

What to Do After a Truck Accident

Your first priority after being involved in a truck accident is your health. Immediately after the accident, check to make sure you and any other party involved is okay. If your injuries aren’t severe, it’s important to document as much of the accident as possible. Collect any sort of relevant information, including the driver’s name, insurance number, company, license plate number and driver’s license number. Take photos of the accident scene, and get a copy of the police report and witness statements.

It’s important you don’t talk to an insurance company or representatives of the trucking company. Instead, your very next step should be to call a truck accident attorney.

Why Should I Hire a Truck Accident Lawyer in Missouri?

Since truck accident claims are complex, insurance companies will try to settle or underpay a self-represented victim. Do not play their game. While it may be the easy way out, a settlement will barely entitle you to the money you deserve. Furthermore, it’s hard to get a fair outcome when you represent yourself.

When you hire a truck accident attorney, you are getting experienced support. Truck accident attorneys, like the experts at Lanzotti & Rau, know what evidence to look for because they’ve handled similar cases. Having a knowledgeable attorney in your corner also takes stress off of your shoulders, giving you more time to recover instead of standing up to major insurance companies on your own.

Missouri’s Top Truck Accident Lawyers

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your truck accident injury. We charge no upfront fees and don’t get paid unless you do.

If you want to learn more about our truck accident legal services or how we handle our cases, call us today at 573-335-9300 and schedule a free case evaluation.