Posted by & filed under Auto Collisions.

If you are a Kansas resident and are injured in an auto collision, you have medical benefits from your own automobile insurance to pay for treatment of your injuries.  As a No-Fault state, Kansas requires auto insurance companies to provide Personal Injury Protection (PIP) benefits.  One of those benefits is for medical treatment.  At a minimum, you have $4,500.00 in medical benefits to use for your care.  You can purchase additional PIP medical coverage above the $4,500.00 minimum.  If you are not sure how much PIP medical coverage you have, call your insurance agent who can tell you what amount of coverage you have.  To obtain these benefits, call your insurance agent and ask for the PIP forms that you will submit to the health care provider.

PIP medical benefits cover treatment for: ambulance services; hospitals; physicians; psychologists; chiropractors; laboratory tests and x-rays; dentists; prosthetics; and in-home nursing services.

You are required to use your PIP medical benefits first.  After exhausting the $4,500.00, or more if you have greater benefits, you can then submit any bills for medical care to your health insurer.  Kansas law requires that, upon receiving compensation from the other driver’s insurance company, you re-pay your insurance company.  However, if the value of your claim exceeds the amount of automobile liability coverage that the negligent driver had, repayment of the PIP medical benefits can be waived.

If you have questions about Kansas PIP medical coverage, you can find additional information in Mike’s book, The Kansas & Missouri Auto Accident Victim’s Guidebook.  A copy of the book can be requested by clicking here, or you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Auto Collisions.

In almost all cases an adjuster or investigator from the negligent driver’s insurance company will contact you shortly after the collision.  The adjuster will want to obtain a statement from you and, if possible, record your statement of how the collision occurred.  Never give a recorded statement.  You have no legal obligation to give a detailed statement.  It is sufficient to give a brief explanation (e.g. – “your insured ran the stop sign and hit me”).  The reason the adjuster wants to get a statement from you is to see whether there is any blame that can be placed on you for either causing or contributing to cause the collision.  Because both Kansas and Missouri has comparative negligence, any settlement or verdict will be reduced by the amount of your fault that contributed to cause the collision.  When you give a detailed statement without the benefit of your lawyer being present you risk inadvertently saying something that could hurt your claim later.  It is always best to contact an experienced personal injury lawyer before you have any contact with the negligent driver’s insurance adjuster

The insurance adjuster may also ask about your injuries.  I suggest that you decline to answer the questions.  Injuries and physical conditions change over time.  Many times you will get better but sometimes your injury gets worse and your condition deteriorates.  The sole purpose in getting information from you is to try and minimize the amount of compensation they will have to pay you.

If you have been injured in an auto accident and want more information about making a personal injury claim, you can request a copy of Mike’s book, “The Kansas & Missouri Auto Accident Victim’s Guidebook” by clicking here or you can call Mike at 913-789-7477 for a free consultation regarding your claim.

Posted by & filed under Auto Collisions, Uncategorized.

Fibromyalgia is a rheumatological disease that affects the soft tissue around joints.  It is well recognized that the trauma from an automobile collision can trigger fibromyalgia symptoms.  The signs and symptoms of fibromyalgia include: pain, stiffness, and aching in muscles; presence of multiple tender ‘trigger’ points; sleep disturbance; localized abnormal skin sensation; leg cramps; perceived swelling of the hands; and a specific type of personality.

There are no lab tests or radiological tests that are able to diagnose fibromyalgia.  Often it is a diagnosis of exclusion – meaning that the physician excludes other known causes for the symptoms.  In 2010, the American College of Rheumatology established criteria for the diagnosis of fibromyalgia.  You can view these criteria by clicking here.

Fibromyalgia falls within the specialty of rheumatology and patients are normally referred to a rheumatologist for treatment upon diagnosis.  There is no cure for fibromyalgia and treatment options are limited.

If you would like additional information on auto collisions leading to fibromyalgia, you can request a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike for a consultation regarding your personal injury claim.

Posted by & filed under Auto Collisions.

To pursue a personal injury claim as a result of an auto accident, photographs of the scene of the collision are important.  You will want to photograph the scene of the collision from all angles, including any traffic control signs or signals.  If there are skidmarks, gauge marks in the pavement, or debris at the point of impact, photographs will help with later reconstruction of the collision.  Any trees, bushes, or other structures that impair vision leading to the scene of the accident are also important.  If you have a cell phone and are physically able to take photos at the time of the collision, you will want to take pictures of where the cars came to rest and any damage to the vehicles involved.

Even if the investigating police office takes photos you will want additional photographs to insure that the evidence needed to prove liability is available.

If photographs were not take immediately after the collision, you will want to either take them as soon after the wreck as possible or contact an attorney who will have photos taken.  An experienced automobile collision attorney will know what photographs are necessary to prove the negligence of the other driver.

If you would like additional information about preserving evidence in an automobile collision, you can obtain a copy of “The Kansas & Missouri Auto Accident Victim’s Guidebook” by clicking here or you can call Mike for a free consultation regarding your personal injury claim.

Posted by & filed under Auto Collisions.

If you have been involved in an auto collision, you should first stop your car where it came to rest and turn off the engine.  Do not move the car until a police officer instructs you to do so.

The most important thing is to check on the safety of your passengers and determine whether you or a passenger has been injured.  If you have neck or back pain do not move until you have been evaluated by trained medical personnel.  Any movement may result in further damage, paralysis or death.

If you or a passenger has been injured you should contact 911 and report the collision.  Let the 911 dispatcher know the location of the collision so that a police officer can be sent.  Also let the dispatcher know that there are injuries and medical assistance is needed.

The investigating police officer or an EMT will ask if you have been injured.  Because of the shock of being in a collision, the adrenaline the collision produces, and our hope that we have not been seriously injured, we often respond that we are not injured.  Later, after the shock of the collision wears off, we realize that we have pain and that our functioning is limited.  If there is any question in your mind of whether you suffered an injury, tell the police officer or the EMT about the pain you are having.  Let a trained medical provider determine whether you have or have not suffered an injury.

For further information about what to do at the scene of the collision, you can request a copy of Mike’s Kansas & Missouri Auto Accident Victim’s Guidebook by requesting a copy through this website, or you can call Mike for a free consultation.

Posted by & filed under Pharmaceutical/Medical Devices.

Xarelto is an anti-coagulant (blood thinner) approved for use in July 2011.  The drug is intended to prevent blood clots, pulmonary embolism, and stroke in patients undergoing knee or hip replacement surgery on in patients with atrial fibrillation.  However, reports to the federal Food and Drug Administration show that in some patients Xarelto may increase the risk of serious, sometimes fatal bleeding.  Unlike other blood thinners there is no known antidote or reversal agent for Xarelto so there is no effective way of stopping the bleeding caused by the drug.  In most people, blood will form a clot and help stop the bleeding but those patients taking Xarelto may not be able to form clots.  The serious bleeding from Xarelto can cause: cerebral hemorrhage; hemorrhagic stroke, GI bleeding; uncontrolled bleeding; and death.

Symptoms of Xarelto bleeding include: red or pinkish urine; vomiting of blood ; unusual bruising; rigidity at the site of the bleeding; bloody stools; and inflammation.  If you have any of these symptoms while taking  Xarelto, contact your physician immediately.  If it is confirmed that you have bleeding from Xarelto, notify the F.D.A.  You can contact the F.D.A. at: http://www.fda/gov/Safety/MedWatch/default.htm.

If you or a loved one have suffered serious bleeding while taking Xarelto, please contact Mike for a free consultation regarding your claim.

 

Posted by & filed under Uncategorized.

The success of a personal injury claim from an auto accident may depend on the gathering and preserving of evidence.  It is essential that the evidence from the site of the collision be obtained.  Photographs of skidmarks, debris from the collision, and condition of the roadway will document the evidence of the scene.  This evidence can be essential to proving who caused the collision and how the accident occurred. The vehicles in the collision should be inspected and photographed before the cars are sold for scrap.  If the negligent driver’s car has an event data recorder (black box) there is only a limited amount of time before that crucial evidence is no longer available.  Detailed statements need to be obtained from every witness to the collision while the events are still fresh in their mind.  Many intersections have cameras that make video recordings of a collision.  Nothing is better than an actual video-tape of the collision.  However, some of the cities do not maintain the videos for more than a few days or weeks.

An attorney experienced in investigating auto accidents will know what evidence needs to be obtained.  For this reason you should contact an attorney at your first opportunity – before the evidence is lost.

If you have been injured in an auto accident, you can request a copy of Mike’s book, The Kansas & Missouri Auto Accident Victim’s Handbook by ordering a copy from this website or you can contact Mike for a free consultation.

Posted by & filed under Auto Collisions.

Missouri automobile liability insurance policies offer the insured the opportunity to purchase medical payment (Med Pay) benefits. It is not required that the owner of the car buy Med Pay benefits but the vast majority of car owners do so. The starting point is a $2,000 benefit that you can use to pay for your medical bills. It is possible to purchase more than $2,000 in medical coverage and I strongly recommend that you do so. Many people injured in an auto collision caused by a careless driver chose to use their health insurance to pay for their medical bills and use their Med Pay benefits for any co-pays or other out of pocket expenses.

Unlike Kansas P.I.P. medical benefits, when you collect compensation for your injuries you do not have to reimburse your auto liability insurance carrier.

If you have questions regarding payment of medical bills from incurred from an auto accident caused by a negligent driver, please call Mike for a free consultation.

Posted by & filed under Auto Collisions.

Drivers of a motor vehicle in both Kansas and Missouri are required to carry liability insurance coverage. The minimum liability coverage is $25,000/$50,000 – meaning there is a maximum $25,000 available from the negligent driver’s insurance for any one person and $50,000 for all persons injured through the negligent driver’s fault.

It is also possible that the negligent driver may have purchased greater coverage than the minimum and have more liability insurance.

Additionally, Kansas resident will have Personal Injury Protection Benefits (lost wages, medical bills, rehabilitation, etc). Injured persons in Missouri may have “medical pay” benefits if purchased by the car owner.

If you have been injured in an auto collision and have questions about the insurance coverage available to compensate you, call Mike for a free consultation

Posted by & filed under Pharmaceutical/Medical Devices.

Paxil is an anti-depressant medication of the SSRI class. When taken during pregnancy Paxil has been shown to cause birth defects. Paxil has been classified by the U.S. Food and Drug Administration as a Category D drug, which is a category of drugs where research studies have shown a risk to the fetus when taken during pregnancy. Medical research has shown that, when Paxil was taken in the first trimester of pregnancy, newborn babies were up to twice as likely to have heart defects.

Birth defects associated with Paxil include: heart valve defects; lung defects; abdominal organs protruding from the abdomen; early closing of the sutures of the skull; club foot; anal atresia, where the anus is not open; and neural-tube defects.

Our office is representing a number of clients with birth defects associated with Paxil. If your child suffered birth defects after Paxil was taken during pregnancy, please contact Mike for a free evaluation of your claim.