One of the most serious injuries that can occur in an auto collision is a head (brain) injury. Brain injury can occur when the head strikes an object in the car but frequently occurs without any kind of blow to the head. A brain injury without the head striking anything is often the result of the tearing of brain cells when the head is forced back and forth. This type of injury can occur in either low or high speed collision. Some of the more common initial diagnoses for a brain injury include a concussion and hematoma (blood accumulation). If someone experiences any of these symptoms they should immediately seek medical attention. Timely treatment can improve the outcome and prevent serious, long-term consequences. This will also provide documentation of the injury and the collision being the cause of the brain injury.
Brain injury can be difficult to prove because there is no outward evidence of injury. An attorney experience in handling brain injury cases can help assure that your injury is fully documented and can improve your chances of receiving adequate compensation.
If you would like more information on head injuries and personal injury claims, you can request a free copy of Mike’s book, The 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.
For almost three decades, the insurance industry and corporations have been promoting tort reform. The U.S. Chamber of Commerce, alone, spent of $50 million lobbying for tort reform. Included in this effort was capping the amount of non-economic damages (pain, disability, disfigurement, mental anguish) that a jury might award an injured victim – regardless of the severity of injury suffered. In Kansas, non-economic damages have been limited to $25,000 until recently when there was a minimal increase in the cap. In Missouri, victims of medical malpractice are limited to $350,000 in non-economic damages. Those without significant economic damages are disproportionately harmed. These include: children; elderly; disabled; housewives; and those currently not working.
By limiting the amount of damages a jury is able to include in its verdict, the injured consumer loses. At the same time, insurers and corporations reap enormous profits.
Please take the opportunity to let your legislator know that capping non-economic damages is anti-consumer, a violation of the 7th Amendment right to a jury trial, and antithetical to the American spirit.
The rate of semi-truck accidents and fatalities continues to escalate. The most recent data available from the Federal Motor Carrier Safety Administration is that, in one year, 3,757 people dies in collisions with truck. Nearly 11 million trucks travel the U.S. highways each year and accounted for 12.4% of all fatal crashes.
The increasing safety issue is driven by a faulty economic model. Truck drivers are compensated by the miles driven and not by the hours worked. These drivers are pushed to ignore safety measures, delay repairs, and to drive while fatigued. Despite the money devoted to trucking inspection, the task of reducing risks from dangerous truck is proving too much for regulators.
The civil justice system is vital in holding negligent trucking companies accountable, and provides compensation to those killed or injured by unsafe trucks. As the number and size of truck on U.S. roads grows, so does the danger to the other users of these roads.
If you or a loved one have been injured in a semi-truck collision, you can obtain additional information about pursuing a personal injury claim by requesting a copy of Mike’s book, The 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.
As seen by the U.S. Department of Justice creation of nursing home neglect/abuse task force, many nursing homes fail to provide the proper care their residents deserve. A congressional study found that almost 33 percent of nursing homes committed some form of abuse or neglect over a two year period of time.
There are warning signs that your loved one may not be receiving the level of care they are entitled to. First, you should look for any harmful physical effects. Evidence of neglect includes: sudden weight loss; unexplained injuries; bedsores; bruising; and dehydration. Should you notice of these signs, you should investigate. Second, proper care demands adequate staffing levels. If you observe a consistent lack of enough staff to care for your loved one, you should contact the nursing home administrator. If your loved one begins to display emotional changes, such as agitation, depression, or withdrawal, you should speak to your loved one and ask if there is something wrong. Finally, if you consistently get the impression that your loved one is not being properly cared for, of if there is a bad feeling about the home and its staff, you should consider a transfer to another nursing home.
If a loved one has suffered injuries as a result of nursing home neglect and you are interested in pursuing a claim, please contact Mike at 913-789-7477 to request a free consultation.
Bedsores, also known as pressure sores or decubitus ulcers, can occur when a bedridden patients lies in the same position for long periods of time. As a result, bony areas of the body, such as hips, ankles, and coccyx, are continuously exposed to pressure. Frequent turning of the patients will relieve pressure on these area. Once a bedsore develops, special care must be given to the patient. Care for a patient with a bedsore may require applying medication to the wound, evaluation by a wound care specialist, and use of special mattresses that reduce the pressure on the wound.
The development of a bedsore may be the result of negligence if the nursing home staff does not regularly reposition the patient. Expansion and worsening of the bedsore may also be caused by negligence if special care is not provided to the resident.
If a loved one has developed a serious bedsore, you should inform the nursing home administration to insure that proper care is provided. If the bedsore continues to expand and grow deeper, you should consider moving your loved one to another home and evaluating a nursing home neglect claim. To discuss the possibility of a nursing home neglect case for a loved on, you can call Mike at 913-789-7477 for a free consultation.
Automobile traffic collisions account for twenty percent of the traumatic brain injuries and are the number one cause of traumatic brain injury deaths. According to the Center for Disease Control, 1.7 million American sustain traumatic brain injury each year. This number shows that brain injuries are more common than most people think. Head injuries have long-term effects ranging from memory loss to emotional disorders. If you have suffered a concussion in an auto collision you should immediately seek medical attention. Even though x-rays or brain scans are found to be negative you may still have suffered a serious brain injury. Even mild traumatic brain injuries can have life altering consequences. According to the American Journal of Psychiatry, people with traumatic brain injuries are 439% more likely to experience decrease in mental function.
If you are pursuing a personal injury claim for traumatic brain injury it is essential that you select an attorney with substantial experience in preparing and litigating this kind of case. The preparation and trial of a brain injury case is much different than other injury cases and you will want a lawyer who knows the subject well and can properly prepare the case for trial. This will enhance your chances of obtaining adequate compensation for your injury.
If you or a loved one have suffered a traumatic brain injury as a result of an auto collision and would like more information on the personal injury process, you can obtain 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.
In every claim for damages form an auto accident personal injury claim, your testimony and that of a health care provider is essential. However, the most important witnesses may be from what lawyer call “lay witnesses.” These are other family members, neighbors, co-workers, close friends and priests, ministers, or rabbis. These people will have first hand knowledge of how the injury has impacted your life. They are able to give examples and stories of what you could do before the injury but can’t do now. These witnesses serve two essential purposes. They are able to talk about the harm the injury caused you instead of you having to do so. The less that you need to “complain” about the injury and its effect on you, the less a jury will think you are excessively complaining. Secondly, other than family members, these witnesses do not have a stake in the litigation. There testimony is evaluated solely on the basis of the evidence they present and is not seen as biased or self-motivated.
When preparing a personal injury claim stemming from an automobile collision, assist your lawyer by preparing a list of witnesses that the lawyer can interview.
If you or a loved one have been injured in an auto collision and would like more information about making a personal injury claim, you can request a free copy of Mike’s book, The 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.
If you have been injured in a hit and run auto collision where the other driver is completely unknown, you can still recover compensation. First, your own auto insurance company can provide medical benefits. In Kansas, you will have a minimum of $4,500 in Personal Injury Protection (PIP)medical benefits and also lost wage PIP benefits. In Missouri, you have access to medical benefits if your insurance has “Med-Pay” included in the policy.
In both states you will be able to obtain compensation for your injuries and damages through Uninsured Motorist Benefits. Uninsured motorist coverage is part of your auto insurance coverage and provides for compensation where the other driver did not have auto liability insurance or where the identity of the other driver is not known. Uninsured motorist coverage will provide compensation for your medical bills, lost wages, disability, pain and suffering, disfigurement, or mental anguish as a result of the injury caused by a hit and run driver. As soon as possible you should notify your insurance company that you have been involved in a hit and run accident.
If you or a loved one have been injured in an auto collision and have questions about the personal injury claims process, you can request a 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.
The U.S. Department of Health and Human Services has announced new rules that will make it easier for you to obtain copies of your medical records. Those changes include: 1) not have to tell the hospital or doctor why you want your records; 2) you no longer have to go to the doctor or hospital in person to obtain the records and they can now be mailed to you; 3) you are no longer required to use a web portal to request or access your records; 4) your records must be provided to you within thirty days; 5) you can be charged a fee for making copies of the records but you can not be charged for searching for your records or any retrieval fee.’
In a personal injury claim medical records are essential to establishing your diagnosis, proving what treatment you received, and whether you are having on-going complaints. These records are crucial evidence and must be obtained. These new rules make it much easier for you to obtain these records. I encourage you to do so.
When a car following another car strikes the back of the car in front, the collision is usually referred to as a rear-end collision. In almost all cases the driver who drove into the back of the car in front of it is liable for the damage and injuries caused. Usually, the negligent driver is not paying attention to the traffic ahead, following too closely, or driving to fast to avoid the collision.
However, there are occasions where liability can be assessed against the driver who was rear-ended. That can occur If that driver did not have properly working tail lights; slammed on their brakes suddenly and without warning; or changed lanes in front of the rear driver (cutting them off). Sometimes both drivers are found to be at fault. The law of Kansas and Missouri allows a jury to apportion the amount of fault/negligence between the two drivers. In both states, if one of the drivers is claiming personal injury, being apportioned fault for contributing to cause the collision will reduce the amount of their compensation.
If you or a loved one have been injured in an auto collision and have questions about the liability for the collision or the personal injury process, 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 for a free consultation at 913-789-7477.