Auto Accidents – Traffic Deaths Increase in 2015

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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… Read more »

Auto Accidents – Injury of a Pasenger

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… Read more »

Wrongful Death Survival Claims

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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,… Read more »

Auto Accidents – Hit and Run Driver

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… Read more »

Auto Collisions – Missouri Wrongful Death Damages

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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. … Read more »

Auto Collisions – Kansas Wrongful Death Damages

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… Read more »

Auto Accidents and Loss of Consortium Damages

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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… Read more »

Auto Accidents and Chronic Pain

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… Read more »