Posted by & filed under Auto Collisions.

For most of the last decade traffic deaths have been decreasing.  The National Highway Traffic Safety Administration announced this month that traffic deaths for the first half of 2015 have increased 8 percent.  While the amount of miles driven by Americans is up, compared with 2014, this is not the primary reason for the increase in death from auto collisions.  The Administrator of the NHTSA, Mark Rosekind, stated that he suspects that the increase in traffic fatalities is related to texting, other driving distractions, drunken, drugged, and drowsy driving, as well as increased driving by teenagers.

The NHTSA said its research shows that human decisions cause ninety-four percent of all vehicle wrecks.  The agency plans to hold hearings to hold hearings next year to get additional ideas for how to decrease the human factor causing auto collisions.

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

Posted by & filed under Auto Collisions.

Generally, a passenger can not be found at fault for an auto collision.  Unless, you got in a car with a visibly intoxicated driver, you can’t have any fault assigned to you for causing the accident.  If both driver’s negligence contributed to cause the collision which resulted in your injuries, you have the option of pursuing personal injury claims against both drivers for their proportionate share of fault in the collision.

You also have the right to pursue medical benefits from the driver’s auto insurance.  In Missouri, you have the right to “Med-Pay” benefits if they are included in the driver’s car insurance.  In Kansas, you have a right to a minimum of $4500 in medical benefits.  In both cases, you will submit a claim form for these medical benefits to the insurance company of the driver of the car you were a passenger in.  If these benefits are either not available or you have exhausted these benefits, you can seek these same benefits through your own car insurance company, even though your car was not involved in the collision.

If you or a loved one were injured in a car wreck 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 schedule a free consultation

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Both Kansas and Missouri allow “survival” claims in wrongful death lawsuits.  A survival claim is a personal injury claim for the decedent’s period of survival from the original injury until their death.  Both states require that the injured person be conscious during the survival period.  The claim is for the pain and suffering, mental anguish, and disability during this period of time.  Considering, that the survival period of the decedent is their last time alive on this earth, survival claims can have a substantial value.  To establish a survival claim it is necessary to interview witnesses to determine what evidence they may have of the decedent’s condition during this period of time.  Medical records often provide crucial evidence for this claim.

The only difference between Kansas and Missouri law for a survival claim is the name of the party bringing the survival claim.  In Kansas, the survival claim must be brought by the estate of the decedent so it will be necessary to open a probate estate to pursue such a claim.

If a loved one died as a result of another person’s negligence or wrongful act and you would like more information about pursuing a claim, you can obtain more information by requesting 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.

In most auto collisions, the identity of the driver who caused the collision, and your injuries, is know.  The claim can proceed against the negligent driver’s insurance company.  However, when the negligent driver leaves the scene of the collision, it is almost impossible to know the identity of that person.  In these circumstances, you will need to pursue and Uninsured Motorist (UM) claim against your own auto insurance company.  When you purchase automobile insurance, one of the coverages you purchase is Uninsured Motorist benefits.  This insurance coverage provides compensation for your injury through your own car insurance.  When the identity of the negligent driver is known, your car insurance is normally on your side.  However, in a UM claim, you frequently end up having to fight with your own insurance company.

That is why it is important that you hire an experienced accident attorney to represent you in a hit and run claim.  The sooner you retain an experience personal injury attorney, the sooner your rights can be protected.

If you or a loved one have been injured by a hit and run driver, you can obtain more information about Uninsured Motorist benefits and the personal injury claims process by requesting 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.

Missouri does not allow recovery for non-economic damages (grief and bereavement) in a wrongful death claim.  Economic damages permitted under Missouri law include loss of: companionship; consortium; comfort; instruction; guidance; counsel; training; and the loss of support the deceased would have provided.  There is no limit on the amount of compensation for these economic damages.  The amount of compensation is based on the evidence of the losses the survivors suffered.

At the conclusion of any settlement or jury verdict, the court has the responsibility to apportion the damages to the heirs based on the losses each heir suffered.

An experienced personal injury attorney will know what evidence is necessary to insure that adequate compensation is secured.  If a loved one was killed in an auto collision and you would like additional information about pursuing a wrongful death 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.

When a driver or passenger dies as a result of an auto collision, family members can file a wrong death lawsuit.  Damages for a wrongful death claim in Kansas include both economic and noneconomic.  Noneconomic damages include: grief, bereavement, mental suffering, and the loss of he decedent’s comfort, companionship, and society.  The Kansas legislature has limited noneconomic damage claims to $250,000.

Economic damages include: loss of income the decedent would have contributed to the family/spouse; expenses for the medical care of the injury leading to the death; and funeral and burial expense.  Other economic damages include: the loss of the decedent’s care, guidance, advice, services, and protection.  While these latter damages may not appear to be economic, Kansas recognizes that these losses will have an economic impact on the survivors.  For all economic damages, there is no limit on the amount of damages that may be recovered.  An experienced personal injury attorney will know how to collect the evidence to support these economic damages and to enhance the amount of compensation that can be obtained.

If a loved one was killed in an auto collision and you would like more information about pursuing a wrongful death 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.

A common injury caused by an automobile collision is a brain injury.  Yet almost every person who sustains a brain injury displays different symptoms.  That is because the part of the brain that has been damaged controls what symptoms the injured person will have.  There are three general type of brain injuries.  The first is called “diffuse,” meaning that the injury was spread throughout the brain.  Symptoms of a diffuse brain injury are: attention and concentration difficulties; confusion; fatigue; slower thinking; and memory deficits.

The other two types of brain injury depend on which hemisphere of the brain has been damaged.  We have a right and a left hemisphere.  The right side of the brain controls the left side of the body and vice-versa.  The right side of the brain is responsible for creativity, intuition and imagination.  The left side of the brain focuses on logic and analytical skills.

If the right side of the brain has been injured, symptoms may include: difficulty with logic and reasoning; problems with visual or spatial comprehension; decreased creativity; and loss of the ability to conceptualize.  A left brain injury is more likely to cause: emotional problems, especially anxiety and depression; difficulty choosing words; problems with reading and speaking; and reduced ability to think logically.

In pursuing a personal injury claim for a brain injury it is essential that you are evaluated and treated by physicians and specialists who have experience with head injuries.  It is also essential that you hire an attorney who knows about the causes of and types of brain injuries and will be able to present the evidence necessary to secure adequate compensation for a life-altering injury.

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

Posted by & filed under Auto Collisions.

The laws of both Kansas and Missouri recognize that a serious injury can have a significant impact on a marriage.  Loss of consortium is the legal name of the claim of a spouse for damages caused by the injury of their husband or wife.  If the injured spouse is not able to perform household or domestic services, a claim can be made for the value of those lost services can be made.  And if the spouse’s injury has impaired their companionship, assistance, comfort or the ability to socialize with their husband or wife, those damages can be compensated for also.  These losses are normally only pursued if the injury to the spouse is a serious one.

There is a slight difference in the law of Kansas and Missouri in who may file a loss of consortium claim.  In Kansas, the injured party files the claim for his or her spouse.  In Missouri, the spouse of the injured party files the claim in their name.

If you or a loved one have been injured in an auto collision, you can obtain more information and personal injury claims by requesting 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.

Auto collisions cause a number injuries that can lead to chronic pain, which is pain lasting over six months.  These injuries include: headaches; low back pain; herniated discs; fibromyalgia; arthritis; and Complex Regional Pain Syndrome.  When persuing a personal injury claim for chronic pain it is important to treat chronic pain – not just on-going pain from the original injury.  Chronic pain should be recognized as a separate condition because it presents new conditions.  Chronic pain causes: changes in the structure of the brain; changes in the neurochemicals in the brain; harm to that portion of the brain responsible for our emotions; and an increase in our ability to feel pain.

If you have chronic pain from an injury caused by an auto collision it is important that you seek treatment from a physician that understands the recent medical studies of chronic pain.  Generally, these physicians are neurologists, pain management specialists, and physical medicine and rehabilitation specialists.  Seeking treatment from a physician knowledgeable about chronic pain not only gives you a better chance of effectively treating your pain but also leads to proper documentation of your physical condition.

Chronic pain can be disabling and life-altering.  Your personal injury claim should seek adequate compensation for the serious harm that chronic pain can cause.

If you or a loved one have been injured in an auto accident, you can seek additional information by requesting 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 Uncategorized.

It is common that persons injured in an auto collision do not give much thought to the financial costs of their injury.  Even with health insurance, there are co-pays and deductibles for: emergency room evaluations; doctors visits, hospital stays; surgeries; prescriptions; rehabilitation and physical therapy; travel expenses; and home modifications.  There are problems with lost wages.  These can cause serious financial hardships.

Future medical costs and future wage loss are very real concerns and a frequent cause of anxiety.  This does not even include the impact the injury has on the victim’s spouse and family and the adverse consequences of the injury on the victim’s ability to enjoy life.

Each of these damages is very real and should be included in the compensation sought in a personal injury claim.

If you or a loved one have been injured in an auto collision and would like more information about damages or the personal injury claims 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 at 913-789-7477 to request a free consultation.