Posted by & filed under Uncategorized.

According to the National Highway Traffic Safety Administration, the U.S. had the highest rates of traffic deaths since 2008.  Last year an estimated 35,200 died on U.S. roadways.  This is a 7.7% increase in total traffic deaths from 2014 to 2015.

There are a number of factors contributing to the increase in fatal collisions.  These include: increased vehicle usage; increased driving as a result of lower fuel prices; increased speed limits; failure to use seat belts, distracted driving; and driving while impaired.  The NHTSA is studying the results of the study and will present safety recommendations later this year.

If you or a loved one have been involved in an auto collision and would like more information regarding 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.

Posted by & filed under Auto Collisions.

I can’t emphasize enough how important it is to investigate a truck collision as soon as possible.  When a truck driver is involved in a collision he will immediately notify the trucking company dispatcher.  Experienced truck investigators and insurance company investigators will immediately be sent to the scene of the collision.  I have seen cases where the trucking company investigators arrive at the scene before law enforcement does.

The scene of the collision should be photographed as soon as can be done.  Photos of the truck and other vehicles should be obtained before they are moved or towed away.  The black box data from the truck should be obtained.  Witnesses should be interviewed before crucial details are forgotten.  Logbook and other documents should be requested before they are destroyed.  The failure to obtain this information in a timely fashion may be the difference between a successful personal injury claim or one that can not be proven.

If you or a loved one have been injured in a truck collision, you can obtain additional information about the personal injury claims process by requesting 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.

If you have been injured in an auto collision and want to pursue a personal injury claim, the selection of a personal injury attorney is critical.  You should choose an attorney who will strive to secure maximum compensation for you, even if that means taking your case to trial.  An attorney experience in personal injury trials will know the best way to investigate, prepare and litigate your case.  You should avoid lawyers who operate a settlement mill.  These are lawyers who have a high volume of cases and settle these cases quickly for small amounts.

To know that you are selecting the right attorney for your case, you should look to see whether the attorney regularly tries cases and has been recognized for his or her expertise in representing personal injury clients.

To avoid a lawyer that runs a settlement mill you should look for the signs of a settlement mill.  These include: heavy advertising; little contact by the lawyer representing the client; rarely trying cases to maximize recovery; little accident investigation; being unwilling to spend the money to properly prepare a case for settlement or trial; and settling cases very shortly after signing up the client.

If you or a loved one have been injured in an auto collision 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.

Posted by & filed under Auto Collisions.

Essential to the success of your personal injury claim is the attorney you choose to represent you.  To assist in selecting the right lawyer, here are some questions you want to ask.  First, does the lawyer specialize in personal injury so that they have significant experience in dealing with cases similar to yours.  Second, does the lawyer have the time to dedicate to your case.  Third, has the attorney been recognized with awards and reviews for their work in representing personal injury victims.  Fourth, will the lawyer be handling your case personally or will the bulk of the representation be done by a young associate or paralegal.  Fifth, the proper preparation and trial of a personal injury claim can requires a great deal of expense.  You should ask whether the attorney has the necessary resources to adequately prepare and litigate your case.  Finally, you should have a level of comfort in the lawyer you choose as you will be spending a great deal of time with your attorney.

If you have been injured in an auto collision and would like more information about pursuing 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 call Mike at 913-789-7477 to ask for a free consultation.

Posted by & filed under Auto Collisions.

Referring to an auto collision as an accident is wrong.  An accident implies a sudden event that happens by chance or that it was an unavoidable situation.  An accident ignores the fact that car crashes occur because one or more drivers were at fault.  A car wreck should be referred to as a collision or crash because these terms reflect the concept of negligence as the cause of the collision.  It is time that we use language that reflects the responsibility of one driver for causing a collision.  It is hoped with this change in terminology there will be a change in behavior that will ultimately reduce traffic injuries and death.

If you or a loved one have been injured in a car crash 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 request a free consultation.

Posted by & filed under Auto Collisions.

The law in every state in this country provides that, if you had a pre-existing condition that was aggravated or made worse by an auto collision, you are entitled to compensation.  To do otherwise would mean that it is ‘open season’ on those who are not one hundred percent health and would allow negligent driver’s to escape accountability for their negligence.  Obviously, the negligent driver’s insurance company is not responsible for the physical condition that existed prior to the car wreck.  They are, however, responsible for the increase in your condition that they caused.

The negligent driver’s insurance company will try to use the pre-existing condition to deny that their insured’s negligence caused your current physical condition.  For this reason you must tell you personal injury attorney about all of your physical conditions and, particularly, any pre-existing condition that you may have.  A skilled personal injury lawyer will know how to demonstrate how the car wreck aggravated or made your condition worse.  Primarily, your lawyer will compare pre-accident medical records with post-accident records.  This process will prove how much your injury has been worsened and how much damages you may be entitled to.

If you or a loved one have been involved in an auto collision and would like more information about the persona 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 request a free consultation.

Posted by & filed under Uncategorized.

There are numerous factors that go into determining the value of your case.  The first is the nature of your injury.  It is obvious that a broken bone, nerve injury, or traumatic brain injury is of greater value that a sprain or strain in your neck or low back or a short-term headache..  The value of your case also depends on the severity of your injury.  The more severe the injury the greater value your claim has.  Another factor is the ‘permanency’ of your injury.  For example, a headache from hitting your  head on the steering wheel that lasts a few days or weeks and then goes away has value but not significant value.  On the other hand, if you develop a traumatic migraine headache from hitting your head on the steering wheel that may last the rest of your life, the value of your personal injury claim is much greater.

Still another factor in the value of your case is how the injury impacts your ability to function.  If your back injury prevents you for performing your job duties, doing your activities of daily living, or enjoying your life, the value of your case is enhanced.

Finally, the economic damages that you suffer (medical expense and lost wages) must be factored in to the value of your claim to insure that you receive adequate compensation for your injury.

If you or a loved one have been injured in an auto collision and would like more information about pursuing 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 call Mike at 913-789-7477 to schedule a free consultation.

Posted by & filed under Medical Malpractice.

Doctors at the prestigious Johns Hopkins Medical Center have published a study showing that there are at least 251,454 deaths due to medical errors in the U.S. each year.  Medical errors, as a cause of death, trail only cancer and heart disease as the highest cause of death.  This number is significantly higher than that of over one hundred thousand hospital deaths from medical errors published by the Harvard School of Public Health.

This number of deaths caused by medical errors is the equivalent of over two jumbo jets crashing in the United States every day.  It is shocking that there are not more efforts to address medical errors and hold health care providers accountable for their mistakes.

If you or  a loved one have suffered serious injury or death as a result of a medical error and would like more information about making a claim, you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Auto Collisions.

If you have not been able to settle your personal injury claim with the insurance adjuster, it will be necessary to file a lawsuit.  To begin a lawsuit, your lawyer will prepare and file a Petition.  The Petition must contain information about the parties to the lawsuit, the facts of the events (car wreck), the damage you have sustained, and the type of relief you are seeking (money damages).  The Petition is filed with a filing fee and then the lawsuit is served on the defendant.  The service is usually in person and can be by the local Sheriff’s office or a private process server.  The Petition is accompanied by a summons, which contains the date by which an Answer must be filed and other information about the lawsuit.

A lawsuit must be filed with the appropriate court.  In most instances this is where the collision occurred.  However, there are other locations where the lawsuit may be filed, such as where the defendant does business, or where the defendant can be served with a copy of the Petition.  The selection of the court where the lawsuit is filed is extremely important because some counties are more plaintiff friendly than others and the law of some states is better than others.

Frequently, the Petition is filed and served on the defendant along with written discovery.  Examples of written discovery include Requests for Production (asking the defendant to produce copies of documents, photos, etc.) and Interrogatories (written questions for the defendant to answer under oath).  Obtaining the discovery information early in the case is advantageous in preparing the case for trail.

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

Posted by & filed under Auto Collisions.

Both Kansas and Missouri have time limits for the filing of a personal injury lawsuit in an auto collision case.  If a lawsuit is not on file by the expiration of the time limit, you will be prohibited from filing a lawsuit and will be barred from obtaining any compensation for your personal injury claim.  In Kansas, the time limit for filing a lawsuit is two years from the date of the car wreck.  In Missouri, any personal injury claim arising out of an auto collision must be on file within five years of the date of the collision.  If the collision resulted in a death, Kansas requires that the wrongful death lawsuit be filed within two years of the collision.  In Missouri, there is a three year wrongful death statute of limitations.

Because a lawsuit and personal injury claim takes time for your lawyer to properly prepare, it is highly recommended that you contact an attorney as soon as possible.

If you have any questions 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 on Kansas & Missouri Auto Accidents Victim’s Guidebook or you can call Mike at 913-789-7477 to request a free consultation.