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If you were in an auto accident severe enough to send you to the hospital, the hospital may claim a lien on your personal injury settlement if you did not have insurance.

Missouri: A hospital, and other health care providers, may claim a lien on up to fifty percent (50%) of the amount that the patient would receive from any personal injury settlement or verdict.

Kansas: The hospital may claim and be paid up to $5,000.  If the lien is for an amount in excess of $5,000., the hospital is entitled to claim only the amount that is an equitable distribution from the amount of the settlement or verdict.

If as a result of an auto accident, a hospital is claiming a lien in your personal injury claim, and you would like more information about the validity or the amount of any lien, please call Mike at 913-789-7477 to speak with him about your claim.  If you would like more information about personal injury claims as a result of an auto accident, you can obtain a copy of Mike’s book, Kansas and Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at the number above to schedule a free time to discuss the evaluation of your claim.

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According to the National Highway Traffic Safety Administration, more than 37,000 Americans died in motor vehicle crashes in 2016.  Motor vehicle collisions are now the leading cause of death in the United States.  This number represents a 7.2% increase in traffic deaths from the prior year and the largest year-over-year increase since 1966.  No doubt a large percentage of this increase comes from impaired driving, speeding, failure to use seatbelts and distracted driving.  Unfortunately, distracted driving is becoming a deadly trend in the United States.

A neglected aspect of the increase in traffic deaths is the civil justice system.  One of the important aspects of civil jury trials is holding negligent drivers responsible for their conduct and deterring irresponsible driving.

If you or a loved one have suffered a serious injury or death in an automobile collision, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 for a free case strategy session on your case.

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There are many actions we take that can harm a personal injury claim caused by an auto collision.  First, it is essential that the police be called to the scene of the collision.  This is true whether the collision is severe or minor.  It is also true whether you believe you have been injured or not. The police will investigate the cause of the collision and then prepare a report.  This report becomes a significant piece of evidence in establishing the fault of the driver that caused the collision.  Without this evidence it is very difficult to prove which party was negligent in causing the car wreck.

Second, if you fail to initially seek medical treatment it will be hard to prove the nature and extent of your injury.  Many people hope that they will not have an on-going injury.  Others do not want to pay for medical care.  If you do not seek medical care at the time of the injury, the insurance company, and potentially jurors, will assume that you were not injured in the collision.  You should make sure that you seek appropriate medical care and follow the instructions of your health care providers.

Third, you will harm your personal injury claim if you do not seek immediate legal advice. You should know your rights and let an experienced personal injury attorney assist you in the claims process.  Before your speak to the insurance adjuster for the other driver’s insurance company, find out from a personal injury attorney if you should do so.  It is also important to seek representation of a personal injury attorney quickly so that your lawyer can investigate the collision and preserve any evidence that will assist in your claim.

If you or a loved one have been injured in an auto accident and would like more information about the personal injury claims process, you can contact Mike for a free copy of his book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.

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For decades talcum powder was marketed, particularly to women, for genital use.  In 1971, researchers found talc in 75% of the cervical tumors they studied.  In 1982, a researcher concluded that women who use talcum powder could be three times as likely to develop ovarian cancer.  By the year 2000 another ten epidemiological (medical science of determining cause of a disease) studies have found a link between use of talc and cancer.

From 1971 through today the manufacturers of talc have continued to dispute the evidence of a relationship between baby powder and cancer and have continued to market talc without any warning of the risk of its use.

Currently, there over a 1000 cases filed against filed against Johnson & Johnson alleging talcum powder caused ovarian cancer. Within a four month period of time in 2016, Missouri juries returned verdicts of $72 million and $55 million against baby powder manufacturers.

If you or a loved one have suffered from ovarian cancer and regularly used talcum powder, please call Mike at 913-789-7477 for a free consultation.

Posted by & filed under Auto Collisions.

Until 2015 there had been a steady decline in the number of highway fatalities.  Last year the number of highway fatalities jumped by the largest percentage in over 50 years.  And in the first six months of 2016, traffic deaths rose 10.4%, to 17,775, over the same period in 2015 according to the National Highway Traffic Safety Administration.  The cause of this drastic jump in traffic deaths is the smart-phone.  Using a smart-phone to carry on a conversation, check e-mail, text, surf the web, or using any of the many apps on the phone results in distracted driving.  And distracted driving is the major cause of auto collisions and highway deaths.  Distracted driving has reached epidemic levels and will need to be addressed by the government.  Voluntary limits on use of the smart-phone have not been effective despite the fact that its use is dangerous.

If you or a loved one have been injured or suffered the loss of a loved one and would like more information about personal injury and wrongful death claims, you can obtain a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Auto Collisions.

In general, you do not have to pay taxes on any money you obtain for injuries from an automobile collision settlement.  The only exception to this rule is if the only injury sustained in the collision is long term emotional damages.  The IRS considers any settlement for emotional damages, only, to be taxable.  Also, any amount in the settlement for medical expense to treat the injuries is also not taxable.

A settlement is different from trial where there will be an itemized verdict form.  If a jury itemizes damages for emotional damages (anxiety, depression, mental anguish, post traumatic stress disorder, etc.) these damages are taxable.  If the jury itemizes an amount of damages for lost wages, these are also taxable.

Whenever you settle a personal injury claim you will be required to sign a Release of Liability.  It is important that a lawyer review the Release to insure that you are properly protected.

If you or a loved one have been injured in an auto accident and would like more information about the personal injury claims process, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to obtain a free consultation.

Posted by & filed under Medical Malpractice.

There is growing medical evidence that improperly performed chiropractic adjustments of the neck can cause a stroke.  A properly performed adjustment of the cervical spine should be directly from side to side.  If, however, there is any upward movement of the head during the adjustment, a vertebral artery can become dissected (inside of artery is torn).  This results in blood filling into the tear which prevents blood blow to the brain.  When blood flow to the brain is restricted blood clots can form which further reduce blood and oxygen reaching the brain.  The stroke can occur while the patient is on the table or it can occur over the next several days as a small tear in the artery gradually becomes larger to the point where blood flow is restricted.

If you or a loved one have suffered a stroke as a result of a chiropractic adjust, you can call Mike at 913-789-7477 to request a free consultation.

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If you have been in an auto collision caused by the fault of the other driver, you have the right to pursue a claim/lawsuit for all of your damages.  These damages include economic (lost wages and medical bills) as well as noneconomic damages (pain, suffering, disability, mental anguish, and disfigurement.  However, that may not be true in Kansas.  In another attack on victims of negligent driving, the Kansas Legislature enacted a statute (KSA 40-3130) limiting the victim’s ability to collect full compensation for their injuries.  This statute prohibits anyone who does not have “no fault” insurance from being able to collect noneconomic damages.  If the victim does not have this insurance they are only able to collect their medical bills and lost wages from the negligent driver’s insurance company.

If you or a loved one have been injured in an auto collision and would like more information about a personal injury claim, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can request a free consultation by calling Mike at 913-789-7477.

Posted by & filed under Auto Collisions.

A common complaint following an auto collision is of chest pain.  There are a number of reasons why a car wreck can cause chest pain, ranging from extremely serious to a mild injury.  The most common cause of chest pain is pressure and bruising from the restraint of the seatbelt.  A seatbelt can cause simple bruising but it can also cause broken ribs.  A fractured rib can cause pain in the chest or rib area, pain when taking a breath or a sharp stabbing feeling with movement.

Abdominal injuries can also result in chest pain.  Trauma to the abdomen can result in damage to the spleen, liver, aorta, and kidneys.  These injuries require immediate testing because they can cause internal bleeding and are potentially fatal.  Even though the injury is to an organ in the abdomen, the sensation is one of lower chest pain and can represent a true emergency.

Lung injuries can also occur during an auto collision.  Broken ribs or any penetration of the chest can cause a pneumothorax where air escapes from a hole in the lungs.  The result is air in the chest that can result in collapse of the lung.

The most serious cause of chest pain is injury to the heart muscle.  The trauma of a collision can cause a heart attack.  The chest striking the steering wheel or dash can cause bruising of the heart muscle.  Because a contusion of the heart muscle can lead to abnormal heart beat or a heart attack, complaints of chest pain – even minor chest pain – should be reported to the law enforcement officer responding to the scene of the collision.  This complaint should result in emergency medical care and appropriate treatment.

If you or a loved one have suffered an injury as a result of a car wreck and would like more information about the personal injury claims process, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike for a free consultation at 913-789-7477.

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The State of Kansas enacted no-fault insurance over forty years ago.  The no-fault law provides that, no matter who was at fault in causing the auto collision, you have certain benefits available to you.  These include: medical benefits ($4,500 minimum); lost wage benefits; and rehabilitation benefits.  For instance, if you are injured you should give the health care provider your own auto insurance information and the bills will be sent to your insurance carrier.  Unfortunately, Kansas law requires that you re-pay these benefits to your insurance company in the event you are able to obtain compensation from the negligent driver’s insurance company.

To file a personal injury lawsuit, you will need to have medical bills in excess of $2,000 in order to pursue a claim for pain, suffering, mental anguish, disability, or disfigurement.

If you or a loved one have been injured in a car wreck and would like more information about the personal injury claims process, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can request a free consultation by calling Mike at 913-789-7477.