As an attorney handling Car Accident Injury cases, “Work Comp” cases and Social Security Disability claims, I find it challenging to balance the demands which are made on my time.  First, it is important to accomplish results.  As an attorney, you may be a nice guy, but you were hired to accomplish the best possible result for your clients.  This requires meticulous attention to detail.  Every day pages and pages of medical records run across my desk for review.  In addition, time needs to be made to think through a game plan for determining how each case needs to be approached.  You must be more prepared than your opponent, and not paying attention to detail can cause heartache to an attorney, or perhaps, even worse, a heart attack!  Also, a lot of time must be spent when legal research needs to be done.  Secondly, time has to be spent reading and keeping up with developments in your field because the law is constantly changing and being reinterpreted by the courts.  When you meet with someone, they aren’t interested in what the state of the law was six months ago, they want to know how good their case is now.   Thirdly, it takes time to manage your own personnel,  to make sure that you are complying with all of the requirements of running a law office, and to evaluate the directions and trends in your field.  After all, you must manage people, pay their salaries and benefits, pay your taxes and make sure that you are in compliance with numerous requirements of running a law office.  Fourthly, you must allow time for evaluating new cases and meeting with new people.  Unfortunately, what is often missing is giving personal attention to clients.  There is no easy way to put the “personal“ back in personal injury claims.  It requires a consistent effort to take time out of every busy day in order to report back to the people who are placing their trust in you.  Any true personal injury attorney will only get this done working long days, including weekends.  In short, the only way to put the personal in personal injury  is through dedication and hard work.  Come to think of it, this is no great secret and it is the common ingredient in all successful businesses.  So the question is “Is your attorney too busy to call you back?” Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

St. Louis bankrupcy attorney, Robert Healey, has helped countless numbers of clients with Chapter 7 and Chapter 13 bankruptcy filings over a number of years. In conjunction with helping clients with debt relief, he has launched an aggressive Fair Debt Collections practice aimed at curtailing harassment and abusive practices. Many debtors are unaware of their rights to collect money damages when they are the victims overzealous and unethical practices. Our goal is to educate people of their rights and to obtain compensation where appropriate. Visit our website for more information. FREE CONSULTATION 314-481-7778

There is a myth that the Missouri Worker’s Compensation system is a liberal, give-a-way system which is laden with all kinds gratuitous perks for anyone who happens to be” lucky enough” to strain their back a little after a hard days work. The image that insurance companies have created is that of lazy employees being coddled by doctors until eventually they are served up with  “pot of gold” settlements on the backs of struggling bussinesses and honest insurance companies. It is clear that no industry  in this country does a better job of promoting their propaganda than insurance companies. Do we really believe that  adjusters are out there handing  checks to  homeowners just before a tornado is ready to hit their homes. These are the same adjusters who won’t return my phone calls for three weeks when my client’s comp check is late. These companies  would have us believe that we need to drastically limit work comp benifits  to those who end up in wheelchairs, but will defend twenty-five million dollar executive bonuses because “we need to provide incentives to retain good people”. The gap between myth and reality us especially clear in the Missouri Work Comp system. For example , an insurance adjuster gets to pick your doctor with no say-so whatsoever on your part!  If the adjuster doesn’t like the doctors’s opinion, then he can choose another doctor. However, if you question the doctors opinion, be aware that you are not legally entitled to  a second opinion. In addition, when it comes to scheduling appointments, the adjuster can choose to set up a time when you will   miss work. The best part is that you won’t get paid for it!  You may be able to use your own vacation time or personal time, but you will have no control over that either! If you have a twenty-five year old chid, for example, who has no wife or children and they are killed on the job because of company negligence, you will not, with few exceptions, be able to bring a civil suit against the company. Furthermore, under the Work Comp Law , you will be given burial expenses and well- thats about it!  Under the new law , almost everyone over thirty-five years of age will hear that their back injury should be discounted due to natural “degeneration”, even if the injured worker never sought any treatment before or ever had any complaints. In criminal cases, people are presumed innocent until proven guilty.Not necessarily in work comp. In fact, some work comp judges will discount what  injured workers say based on the sole reasoning that  workers have an “incentive” to exaggerate. Meanwhile, the motives of  doctors who receive hundreds of thousands of dollars of bussiness every year  is overlooked. In addition, all of the Legal Advisor positions have now been eliminated and judges are prevented from telling claimants when they getting an unfair settlements. Despite the great number of  things which are tilted against the injured worker , the propaganda machine just keeps rolling and we are told that “something needs to be done” to protect us from  injured workers who get their own attorney. Obviously, what a terrible thing it is when an adjuster can’t keep and injured worker in the dark and then simply steamroll them!  �Submitted by Jeff Swaney  FREE CONSULTATION 314-481-7778

Over the years I have represented alot of “claimants” with knee injury cases. There are alot of different kinds of injuries that I see frequenly. One of the most common injuries is the “torn cartlage”. This will normally result from a twisting motion. The cartlage on the inside of the knee is the “medial meniscus”. The cartlage on the outside of the knee is called the lateral meniscus. A torn medial meniscus is normally diagnosed with an MRI and is frequently repaired through “arthroscopic surgery.” Medial meniscus tears seem to be much more common in “work comp” cases than lateral meniscus tears. Another frequently seen injury is the “anterior cruciate ligament tear” which is commonly refered to as an “ACL tear”. These injuries often result in either arthroscopic surgery, or an “arthrotomy” which is a more open and invasive procedure. The recovery time is usually significant with an “ACL tear” and there is ordinarily a significant amount of “permanent impairment” involved. “Knee replacement surgery” is typically an even more drastic procedure which is performed when the “articular cartilage” under the knee cap has deteriorated significantly. Worker’s Compensation insurance companies will typically try to argue that some of these injuries are degenerative. If your case is denied and you are told that your knee injury is not work related, you should contact an experienced “work comp” attorney, rather than accepting the decision of an insurance company claims adjuster. If you are told that your injury just involves a “knee strain” or “sprain”, you should consider seeking a second opinion, particularly if there hasn’t been an MRI performed. If you have a dangerous job like being a “roofer” and your knee gives out, you should perhaps consider another career alternative. Finally, when you are considering a settlement for permanent partial disability (PPD) ,you should consider having an independent evaluation in order to determine whether your knee would be prone to future detioration and perhaps surgey at some point.   Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Anyone who watches television has seen a comedy show where someone fakes a “whiplash” injury and tries to collect money that they don’t deserve. Jack Lemon did a movie called “The Fortune Cookie” where he hires an attorney nicknamed “whiplash Willie” because he knows all sorts of tricks to help fake an injury. “Whiplash injuries” may actually be diagnosed as back or neck “sprains” or “strains.” When an accident victim is thrown forward in a violent manner during a motor vehicle accident, the result is oftentimes “soft-tisue” damage. “Soft- tissue ” damage  generally  consists of “muscle injury” and” ligament injury” which cannot be observed on X-rays or other diagnostic tests. A doctor will often note “muscle spasms” where there is a tightening of muscles in the injured area. It is difficult to quantify or measure “soft tissue injuries” which result from “whiplash.” “Whiplash” injuries are usually treated with physical therapy , or a chiropractor may treat these injuries with “chiropractic manipulations.” People suffering from “whiplash” find them to be far from funny. From a legal standpoint, it is important to get treatment for these injuries as soon as possible since diagnostic testing doesn’t always make your case. Unfortunately for “whiplash victims the media has created an image of “whiplash” victims as schemers ,fakers and opportunists. As a “spine injury attorney “it is my job to overcome the predjudice which has been caused by movies and television shows. As I said – “Whiplash is no laughing matter.” Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Very few injuries that we commonly see can change a claimant’s life as dramatically as a “herniated disc”. Many similar terms are used almost interchangeably like “ruptured disc” , “disc protrusion” and “herniated nucleous pulposis”.Doctors often describe disc as being like a”jelly donut” between the vertebrae.When the disc material inside of the disc leaks out and touches on the”sciatic nerve”, severe pain often travels down the injured worker’s leg. Sometimes other structures are affected, like the “spinal cord” or the “spinal canal” .Disc injuries are most common found in the low back and neck and rarely occur in the mid-back. We see alot of lumbar “laminectomies”in workers who do alot of heavy lifting. A laminectomy or a micro -discectomy will often produce good results and in many instances injured workers will be able to return to rigorous  work. If surgery is unsucessful,  a lumbar or cervical “fusion” may be needed. This often occurs with a condition called “spondylolithesis” which involves a slippage o   a vertebrae. In order to diagnose a disc problem an “MRI” is usually needed. If a condition is diagnosed as a “disc bulge” doctors wil normally try treating the condition with physical therapy or steroid injections.If the MRI is negative, doctors may determine that they are dealing with a strained or sprained back or neck. Where surgery is contemplated, doctors will normally do a test called a “myelogram’ with a “cat scan” in order to get the best possible look at the problem. In those cases where multiple surgeries have been performed and a “fusion’ is the ultimate outcome, some injured workers may become “permantly totally disabled” which means that they are unable to work or compete in the “open labor market”. Everyone is different and it is difficult to generalize. I once had a client who had five surgeries, including a disc fusion,who had a body like Charles Atlas and was running 5 miles a day! In any event, if you are confronted with a serious back or neck injury, it is important to ask your attorney about the reputation of the doctor who is treating you.  submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

As a Missouri and Illinois “work comp” attorney, I have reached thousands of settlements on behalf of “claimants” (Missouri) and “petitioners” (Illinois) . Many claimants and/or petitioners will often compare their settlements to other injured employees when a comparison may not be appropriate. It is important to first understand that there are two types of “permanant  disability” settlements under the Missouri and Illinois Workers’ Compensation laws. A “permanant partial disability” settlement is based on the injured worker being able to “compete for employment” in the “open labor market”. These settlements are based on the injured employee being able to earn a livelhood, even if it is in a diminished capacity. llinois has some “wage differential” provisions which can enhance the value of an employee’s case where the employee has a “diminished earning capacity”. Missouri has no similar provisions which take into account “lost earning capacity” , but “Missouri Workers’ Compensation Administrative Law Judges” will generally be sympathetic and will usually take into the claimant’s circumstances.”Illinois Arbitrators”, however, can directly consider lost earning capacity. On the otherhand, Permanant total disability means that the injured worker cannot compete for employment in the open labor market. As attorneys representing “total disability” clients, we will usually also file for Social Security Disablity on their behalf. In the vast majority of these cases , our clients will be adjudicated as being totally disabled under both systems. Oftentimes we will try to settle Permanant total Disability cases in Missouri and Illinois “work comp” cases in order to avoid a potential “offset” reduction in “Social Security Disability” benifits. Ask your attorney to explain the potential settlement value of your case versus letting a judge decide and whether you may have a “Social Security offset” problem .You may also ask your attorney whether you may benifit from “vocational rehabilitation” if you cannot return to your former employment. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Our office has been working with “Social Security Claimants” for over two decades. Most Social Security applicants don’t understand what is involved in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can’t work at your last job. Instead you must prove that you have a “medically determinable disability” which prevents you from engaging in any “substantial gainful employment”. The word “substantial” is important because you can earn a small amount of wages and still be eligible for disability benifits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benifits.Secondly, there are regulations which Social security attorneys refer to as “the Grid”. The Social Security Administration recognizes different standards for claimant’s of different ages, levels of education and  work backgrounds. Once the appropriate standards are determined,  an attorney can determine whether the medical recods are adaquate to support the claim for disability. If not, an attorney may pose specific questions to a claimant’s treating doctor[s]. Thirdly, it is  important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, “How much can you lift”. A bad answer would be “not very much”. An answer like this doesn’t help to describe the claimant’s limitations. It should be noted that  Social Security judges refer to something called “The Dictionary of Occupational Titles” for job information. This source describes the exertional requirements of all classified jobs which exist in the national economy. It is up to the claimant’s attorney to prove that his client can’t perform any substantial work for which he is qualified. In addition, “Social Security Judges” will often bring “vocational rehabilitation counselors” into a hearing in order to get clarifications as to the claimant’s “work background”, “work restrictions” and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor’s testimony through effective cross-examination.Finally,  Social Security Hearings are informal and usually take about an hour, although they can vary in length , depending on the judges fomat and the complexity of the case. Your attoney will know the various judges at the “Downtown SSA Office” and the “Creve Couer SSA Office”.  Be sure to dress appropriatly, as it is important to create a favorable impression.  In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Over the years, I have handled numerous Missouri and Illinois “work comp” injury cases. It often surprises injured workers to find that they can pursue their case in both states.  Sometimes we will have an injured worker who is employed in St. Louis, but who is injured, for example, in Belleville, Alton, or Granite City, Illinois. Under these circumstances, the worker can pursue their case in both Illinois and Missouri. As an attorney, I will usually file a claim in both states and eventually determine which state is most favorable.  In Illinois Workers’ Compensation cases, a worker can choose their treating doctor, which is certainly an advantage.  There are also more favorable circumstances where an emloyee can’t return to their former employment and needs vocational rehabilitation.  In addition, there are higher maximum rates for temporary total disability, permanent partial disability and permanent total disability benefits.  However, for employees who are not as highly paid, the permanent partial disability rates are based on 60%, rather than 66 2/3%, as is the case in Missouri.   Missouri Workers’ Compensation also has a special benefit called the “Missouri Second Injury Fund” which often provides extra compensation for a wide variety of pre-existing conditions.” Illinois Comp” tends to favor highly compensated workers who are seriously injured.  “Missouri comp” tends to favor less highly compensated workers and workers with significant pre-existing disabilities.  If you qualify for benefits in both states, it may be helpful to hire an attorney who is licensed in both states. There are a multitude of other factors which may come into play, such as attorney’s fees which are 20% in Illinois versus 25% in Missouri.  Also the venue, or place where your case comes up for hearing, will influence your attorney’s strategy.  My advice- ask your attorney if he practices in both states! Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

The Swaney Law Firm would like to announce that, even though our office hours are limited from 8:30am to 5pm Monday through Thursdays and 8:30 am to 4pm on Fridays, we are available and flexible to meet new Personal Injury and Work Comp clients on evenings and weekends. While there may be scheduling conflicts on occaision, we will provide free consultation to all individuals who are interested in retaining us .