After obtaining more than $25 Million in judgments and settlements for his clients, Fox 2 News called upon Joshua P. Myers to discuss his book about how to defeat the car insurance companies.
Founding Partners Stephen R. Schultz & Joshua P. Myers have been consistently pictured in St. Louis Magazine's Best Attorney's edition.
Founding Partners Stephen R. Schultz & Joshua P. Myers have been honored with induction into the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Less than 1% of U.S. attorneys are members.
In never working with a lawyer before, we were afraid that we wouldn’t even know if our lawyer was doing what he was supposed to be doing and that we would be confused throughout the process. These fears turned out to be completely unfounded. He was relentless in dealing with the other side and communicated the status of the case frequently so we were up to date on what was happening. We really appreciate all of his work and couldn't have asked for better representation.
Missouri
allows for a certain type of claim, or lawsuit, called Loss of Consortium.Essentially, this is the type of claim that a
husband or wife brings against the negligent party when their spouse is
severely injured.For example, if a husband is
rendered a quadriplegic because he was hit by a semi truck, he obviously has a
claim against the them for the injuries he has suffered. However, if the injured man is married, the
wife also has a case, or a lawsuit, against the truck driver for the injures
caused to her husband.
The
rationale behind these cases is that a marriage is sacred.There are many things that go into a
relationship that make a marriage.Thus,
when one spouse has been so severely injured that it changes the whole dynamic,
this is essentially a separate injury tothe other spouse.
So
what types of things are considered in a Loss of Consortium claim?Generally, the law says that we look at what
is known as loss of support, comfort, companionship, and services.This can incorporate a number of different
things.For instance, if one spouse
stays at home and was financially dependent on the other spouse, part of their
claim could be for the loss of that income. Additionally, part of their claim can be for the loss of the comfort and
support that they would generally receive from their spouse.Also, another aspect is the inability to have sex.Certainly,
the sexual relationship is what takes any relationship out of the realm of
friendship and moves it into the romantic realm. When, this is suddenly taken out of a marriage because of physical disability, it can be very damaging.
As
a St. Louis, Missouri car accident attorney, I can tell you that, practically
speaking, most jurors will not award any money for a Loss of Consortium claim
unless the physical injury is very devastating. The reason is that most jurors have a simple beliefthat when we get
married, it is for “better or worse”. Thus, they do not freely award compensation for injuries to someone’s
spouse unless they have been horrendously injured.However, the claim does exist and should be
presented under the right scenario.
Joshua
P. Myers is President of Myers Injury Law, LLC. Based in St. Louis, Missouri, his is a founding partner of Schultz &
Myers, LLC, the region’s premier personal injury law firm.Handling cases throughout Missouri and
Illinois, the firm accepts only severe personal injury cases with an emphasis
on motor vehicle collisions.All cases
are accepted on a contingency fee, meaning that there is no money required up
front and the firm’s fee will be taken as a percentage of recovery.If there is no recovery, no fee is owed.If you would like to discuss a specific case,
you can reach Josh Myers toll free at 888-956-2487 or through email at
jm@joshmyerslaw.com
The information on this St. Louis Personal Injury & Workers Compensation Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
The choice of a lawyer is an important decision and should not be based solely on advertisements. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialists designations. Past results afford no guarantee of future results and every case is different and judged on its own merits. All case results listed on this website were obtained by Joshua P. Myers or Stephen Schultz in cases in which they were lead or co-counsel.
