The purpose of a personal injury claim for an auto collision is to obtain compensation for the injured victim. However, increasingly the compensation obtained, either by way of settlement or following a jury verdict, is reduced by the legal duty to pay a lien. If your medical bills were paid by Kansas P.I.P. payments, the law requires that the amount of the P.I.P. benefits be paid back to the auto insurance carrier. Any medical bill paid for by either federal Medicare or state Medicaid must also, by law, be paid back. And if your health insurance is from an employer self-funded plan (Erisa), you have an obligation to reimburse the medical plan for any payments it made. However, if your health insurance is not through an Erisa self-funded plan, you can collect the medical bills caused by the collision without needing to repay your health insurer.
It is essential that you inform your personal injury attorney about the source of the medical bill payments that have been made or your behalf. An experienced attorney will be able to find out whether there is a right of subrogation (reimbursement) that exists.
If you or a loved one have been injured in an auto collision and would like additional information about pursuing a personal injury claim or about liens that may apply to your 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.
Sepsis is a potentially life-threatening complication of an infection. Sepsis occurs when either the bacteria causing the infection enter the bloodstream or when toxins produced by the bacteria enter the bloodstream. The bacteria, and the toxins they produce, cause an inflammatory response throughout the body. The inflammatory progress can damage multiple organ systems in the body resulting in those organs not functioning. If unchecked, sepsis can lead to septic shock where blood pressure drops and can lead to death.
Treatment of sepsis involves removing the source of the infection, administering antibiotics, and giving large amounts of intravenous fluids.
Medical malpractice based on sepsis usually involves the failure to timely diagnose the systemic infection or in failing to address the cause of the infection. Often abscesses need to be drained and thoroughly irrigated to wash out the bacteria. Cultures of the bacteria need to be performed to identify the specific bacteria causing the infection. Only when the bacteria are identified is the physician able to select the most appropriate antibiotic for treating the sepsis.
If you or a loved on have suffered a serious injury or death as a result of sepsis, you can contact Mike at 913-789-7477 to request a free consultation for your medical malpractice case.
When you have been in an auto collision, it is normal that adrenaline will kick in and produce endorphins that limit the amount of pain you are experiencing. This is the body’s way of managing stress. Injured plaintiffs often tell the investigating police officer at the scene that they are fine and don’t need medical attention. However, when the adrenaline and endorphins begin to wear off it is common that you will begin to experience pain. Muscles will become tight and spasm, causing pain.
When the neck or back have undergone sudden acceleration and deceleration (whiplash), the muscles, ligaments and tendons can be stretched and damaged. These soft tissues don’t become symptomatic until hours or days after the collision. Over the next days or weeks, the muscles begin to get stiff with decreased range of motion and pain. Day to day tasks become difficult. If an intervertebral disc has been damaged, fluid from inside the disc can be lost and symptoms may not show up until weeks or months after the trauma of the car wreck.
Concussions are notoriously hard to detect right away. Usually a headache is present that you expect to go away with time. Post-concussion headaches can last for years. Other concussion symptoms, such as balance issues, disorientation, and ringing in the ears, come on slowly. And while loss of concentration and memory may arise shortly after the collision, their appearance can be subtle and can take weeks or months to become obvious.
Finally, emotional and psychological injuries, such as Post-Traumatic Stress Disorder, don’t become obvious for months after the injury.
It is important that you seek medical attention when these symptoms do arise.
If you or a loved one have been injured in an auto collision, you can obtain more information about making a personal injury claim by getting 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 obtain a free consultation.
The number of people killed in accidents caused by texting and driving, or using their smart phone, continues to rise dramatically. AT&T has developed a campaign, “It Can Wait”, aimed at stopping the use of smart phones while driving. Part of the AT&T campaign uses an App that takes people on a 3D virtual reality tour of the dangers that can occur from looking at a cell phone while driving. The App is being used with high school students to show them just how dangerous cell phone use and driving is. For many students the App has been a wake up call. Another part of the campaign is for students to sign a pledge to avoid texting and driving. More information about the AT&T “It Can Wait” program can be found by clicking on It Can Wait.
If you or a loved one have been injured in an auto collision caused by a distracted driver, you can get additional information about the claims process 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.
Traffic deaths are up 14% nationally in the first six months of this year and injuries were up by a third, according to the National Safety Council. In the first six months of this year almost 19,000 were killed in traffic collisions. If this trend continues, there could be more than 40,000 traffic deaths this year.
There are several reasons for the increase in auto collision deaths. First, Americans are driving more. The study also cites increased speed limits and distracted driving from cellphone use and text messages.
If you have suffered the death of a loved one in an auto collision and would like more information on Wrongful Death cases, you can request a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here Kansas & Missouri Auto Accident Victim’s Guidebook or you can call Mike at 913-789-7477 to request a free consultation.
Truck driver fatigue is a problem for cars on our roads and highways. Truck drivers rush to meet their delivery deadlines and they work overtime. Often, they forgo sleep to accomplish their job. Federal Motor Carrier Safety Administration regulations have rules designed to insure that truck drivers get enough rest to avoid fatigue. Unfortunately, many driver ignore these regulations. Truck driver fatigue is a dangerous condition and a leading cause of accidents/ When the accident involves a passenger car, it is normally the car driver and passenger that sustain the greatest damage and injuries.
A good example of driver fatigue is the case of the collision involving comedian, Tracy Morgan. The vehicle Morgan was a passenger in was struck by a tractor-trailer driving 65 mph in a 45 mph zone. As a result Mr. Morgan sustained serious brain injuries and another passenger in the vehicle was killed. The truck driver had been awake for over 28 hours. The truck driver had driven 800 miles overnight to a Walmart distribution center where he then began his delivery. Investigators from the National Transportation Safety Board concluded that the truck driver’s fatigue made his “slow to react” and the collision was the result.
If you or a loved one have been injured in a truck collision, you can obtain additional information by requesting a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by Kansas and Missouri Auto Accident Victim’s Guidebook or you can call Mike at 913-789-7477 to request a free consultation about your personal injury claim.
Radiculopathy is a physical condition where one or more nerves are damaged or impinged. The location of the injury is the nerve root of the nerve affected, usually close to where the nerve leaves the spinal cord. Damage or pressure on the nerve can cause pain, weakness, numbness, or tingling feelings. These sensations are felt in the part of the body served by the nerve and not at the sight of the injury to the nerve. Auto collisions frequently cause injuries to vertebrae and intervertebral discs (bulging or herniated discs). The vertebrae or disc then compresses the nerve causing symptoms. An injury to a nerve in the neck can cause pain, weakness or numbness in the arms or hands. An injury to a nerve in the low back can cause pain, weakness, or numbness in the buttocks, legs, and feet. Because the symptoms are not at the location of the injury many patients do not relate their symptoms to an injury suffered in an auto collision
The diagnosis of radiculopathy can be made by a physician based on the signs and symptoms the patient exhibits. Confirmation of radiculopathy can be made by MRI imaging or by Electromyography/Nerve Conduction testing.
Treatment of radiculopathy is aimed at treating the cause of the nerve root compression. Common treatment includes: physical therapy; rest; epidural steroid injections; traction; chiropractic spinal manipulation; and surgery, including surgery to decompress a herniated disc.
Radiculopathy from both neck and low back nerve injury can be very serious and should be addressed as soon as the symptoms appear. If not timely treated, the damage from the nerve compression can become permanent.
If you or a loved one have suffered nerve injury as a result of an auto collision, you can obtain additional information by requesting a 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.
The claimant’s medical records are the single most important evidence of damages in a personal injury claim. They contain diagnoses of the patient, the treatment rendered, and what the prognosis (future) will be. These records will form the basis for a claims adjuster or the jury placing a value on your injury. For this reason it is critical that the medical records contain complete and accurate documentation of each of your injuries. It is essential that you let the EMTs, nurses, emergency physician, and your treating physician know about all of your complaints and injuries. It is normal to want to focus on the most severe injury or the most painful part of your body. If you focus on your broken arm and do not say anything about the low back pain you are experiencing, the doctor will not record the fact that you have back pain in his records. Because some injuries go away with time and others grow worse over time it is important to let your health care provider know every complaint you have related to the accident. If you have back pain but don’t think it is important and tell the physician, there will be no evidence that you had this complaint right after the accident. If you wait until the pain gets worse to first tell your physician, a claims adjuster or defense attorney will argue that the low back injury either wasn’t caused by the collision or was trivial because no complaint was given at the time of the collision either to the EMTs, emergency room staff, or your primary care physician.
If you or a loved one were injured in an auto collision and would like more information about making a personal injury claim, you can request a 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.
Where it is obvious that the vehicle collision is severe, witnesses may have called 911 and an ambulance is sent. When the police officer arrives on the scene, he will usually ask if you are hurt and need medical attention. If there is even the slightest doubt in your mind about whether you have been injured, you should let the police officer you need medical attention.
Many times you may not realize at the scene of the collision that you have been injured. When the body goes through the trauma of a collision it can result in a shock-like condition that is a protective mechanism. The trauma of a car wreck causes a rush of adrenaline so that you don’t realize the severity of any pain from an injury. There are also injuries that do not become apparent until hours or days afterwards. This is particularly true of neck and back injuries. After the shock and adrenaline rush wear off, you may begin to experience pain. Of you may wake up the next morning in pain. It is important for your health, and also for any personal injury claim, that you seek immediate medical attention. If the pain is severe you can go to an emergency room, an urgent care center, or try to get in to see your primary care physician that day. Do not assume that your injuries will clear up in time.
There are even injuries, like a herniated intervertebral disc, that may not become apparent for weeks or months. Usually you will experience pain that gets worse. When you first notice a change in pain you should contact your doctor to get a physical examination.
If you or a loved one have been injured in an auto collision and would like more information about personal injury claims, you can request a 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.
Increasingly, bus accidents are making headlines in the news. Bus collisions are dangerous because of the size/weight of the bus and the number of passengers riding in the bus. For the last year in which there is data, 294 buses were involved in fatal accidents, 12,000 were involved in injury-causing collisions, and there were a total of 54,000 accidents.
Just this month bus accidents were reported as: a Chicago bus killed a pedestrian and injured seven others: a bus in Pennsylvania collided with a semi-truck killing the driver and injuring passengers; a Texas collision involving a bus, SUV and semi-tractor killed two persons and injured ten; a Connecticut bus accident seriously injured a number of passengers when the bus swerved and hit a tree; and a Maine bus collided with a car killing the driver and injured the bus driver. These are just a few examples of the increasing number of collisions involving collisions.
If you or a loved one were injured in a collision involving a bus and would like more information about your rights and recovering compensation for your injuries, you can request a 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.