msb, Author at Morefield Speicher Bachman, LC

3 Ways Attorney Stan Bachman’s Unique Approach to Construction Law Helps His Clients

If you’ve worked with Stan before, you probably know that his background is actually in construction – which is a perfect fit, considering he’s a construction lawyer. His 25 years of experience as a general contractor and business owner brings a unique perspective for a construction lawyer. Not only does he understand the legal aspects, he also fully understands the practical aspects of a construction business. He combines those to create realistic, valuable solutions for his clients’ needs. In Stan’s construction work, he experienced and navigated labor shortages, bad estimates, bad subcontractors, litigation claims and both large and small contracts. He learned the business side of things as a business owner. Stan has learned how to bring a calmness to situations where there tend to be a lot of tempers. His practical construction, business and legal experience all combine to create a unique, experienced approach to construction law issues. Stan helps his clients in 3 main ways: Prevention, Triage and Remediation. Many of Stan’s clients come to him before they have a legal issue. Stan helps them understand and obtain insurance for defects and actions, insurance for property and bodily injury and negligence. Stan wants to help construction firms plan for potential issues to heed off massive cost to the company; when issues do arise, his clients are prepared for them and face minimal loss. Stan also helps clients in what he refers to as the Triage stage – meaning a client is going through an urgent situation and needs immediate help to mitigate potential damages. He helps clients make quick decisions to mitigate damages when litigation is on the horizon or has already started. Stan is always looking out for both the short and long-term consequences and goals for the firm. In some cases, the whole matter cannot be resolved in the triage case and the firm is still facing long-term exposure. In these cases, Stan takes a remedial approach – what can we do to fix the problem? This may involve negotiations, it may involve litigation. Stan sticks with his clients through the long-haul to ensure the best outcome for the firm. Interested in how Stan could help your construction firm? Give us a call today.

5 Things Insurance Companies Don’t Want You to Know

News / By msb

Unless you have been in an accident, you’ve probably had little opportunity to deal with an insurance adjuster. As long as you pay your premiums on time, you feel you have a good working relationship with your insurance company. That can change drastically, however, when it comes time to make a claim. It’s important to always keep in mind that an insurance company is in business to make a profit. They are not necessarily your friend when it comes to paying a claim. Often, they are going to try and pay the lowest amount possible to you to make you go away. Here are 5 important things to keep in mind when dealing with insurance companies: Insurance Companies Don’t Want You to Hire a Lawyer When dealing with an insurance adjuster, you may get the distinct impression that it will not be necessary to hire a lawyer. They will tell you that it will only add to your expenses. They will tell you that you and the adjuster can reach a settlement. It is important to remember that they are not on your side. Even if they agree to settle a claim, it may be for far less than you might be owed. A good lawyer will help you identify all of the losses you are entitled to recover based on your insurance and the insurance of the wrongdoer who caused your injuries. Quick Settlements Aren’t Necessarily a Good Thing If your insurance company offers you a quick settlement, think twice before you accept it. It may be tempting to take a quick settlement so that you can move on with your life. Keep in mind, however, that if the insurance company is settling quickly, they know you have a valid claim. It may mean that you could get more if you wait and thoroughly explore your options. More importantly, you may not have a complete understanding of the full extent of your injuries, the cost of future medical treatment, or the amount of time the injury may cause you to miss from work. Once you have settled your case, you will not be able to ask the insurance company to cover losses you didn’t know about at the time you signed the settlement agreement. It pays to be patient and to carefully evaluate your injuries and losses. Beware of the “Three Ds” The three “Ds” for some insurance companies are delay, deny and defend. Some insurance companies will drag their feet hoping that you will lose interest and give up on pursuing a claim. They may also initially deny a claim for the same reason. They are hoping that you will take them at their word and go away. Should you continue to pursue your claim, they will vigorously defend their position. This is why it is so important to have a lawyer working on your behalf. The rules of the game change when a lawyer is involved, and you will have a strategic edge to cut through many of the ploys that can discourage a claimant from pursuing what is owed to them. Recorded Statements Can Hurt You After you contact your insurance company or the wrongdoer’s insurance company about your injury, they may ask for a recorded statement from you. Be wary of this. Right after an accident you may still be shaken and uncertain as to what exactly happened. Be aware that your statement can be used against you. It may be better to delay giving a statement until you have hired an attorney. Never give a statement while you are on heavy medication or if you are confused following a head injury. They Hope You Don’t Have Documentation The more evidence you have regarding your accident, the better your chances are of winning your claim. If you have pictures, receipts, journals, and medical reports, the insurance company is going to have a harder time claiming that you are not owed compensation. After suffering a personal injury, dealing with an insurance company can be very tricky. It is important to consult an experienced and honest attorney for guidance. We will review the facts surrounding your case, and let you know if it is in your best interest to hire us. If so, we will create a plan of action moving forward. Don’t let the adjuster convince you that you can handle it yourself and save some money. This may not be the case. In fact, this line of reasoning could cost you more than you realize.

Managing Risk in the Construction Industry

Construction Law / By msb

In a way, the construction industry is a lot like the healthcare industry. Many patients wait until they are seriously ill to see a doctor. Insurance policies may have something to do with that tendency – most health insurance companies are more likely to pay for emergency care than they are to pay for preventative medicine. But this dynamic is not present in the law. Attorneys are always available to assist clients, whether or not there is litigation on the horizon. In fact, managing risk may be the most cost-effective solution for those in the construction field. That’s true even considering any remedial expenses that your attorney recommends. What to Look Out For The Occupational Safety and Health Administration is a rather small agency. It has fewer than 3,000 inspectors to monitor the health and safety of 130 million American workers. As a result, some construction companies are tempted to cut corners on safety and run the risk of an inspection. This strategy often works in the short term. It may be weeks or months before OSHA uncovers a safety violation. But eventually, an inspector will issue a citation. Even worse, someone will get hurt. Either scenario, especially the latter one, could expose your company to massive liability. A much better approach is to be proactive. If you partner with an attorney that understand the construction industry, as opposed to one that just knows litigation, that is even better. This vigilance is especially valuable in the likely OSHA areas of scrutiny. Some of these problem areas include: • Falls: These injuries almost perennially rank atop of OSHA’s “Fatal Four” list. Some construction companies believe that merely providing safety equipment is sufficient. But you must also provide training on how to use the equipment. Furthermore, many construction workers are LEP (limited English proficiency) individuals. So, the instruction must be in a language they can understand. • Labeling and Hazard Communication: This is a high-citation area because it is so technical. If a chemical or other substance requires a warning, said warning must contain both script and a pictograph. But not just any picture will do. Making matters even more complicated, OSHA recently changed the rules in terms of both labeling and substance classification. • Respiratory Protection: Breathing problems are a leading cause of workplace injuries. These issues often stem from exposure to a toxic substance, like asbestos or benzene. Toxicity-induced respiratory diseases often take years or decades to develop. Although the claims statute of limitations has long expired by the time an individual shows symptoms, your company may still be liable for damages. Other OSHA hotspots include safety issues regarding heavy machinery, motor vehicle accidents, and electrical problems. How to Manage Your Construction Company’s Risk Personal injury claims are usually the most costly claims for construction businesses. A serious injury may cost more than $100,000 in medical bills alone. If the accident involves several people or causes a death, the damages can be much, much higher. Two types of insurance help minimize these risks. • Commercial General Liability: These policies usually cover bodily injury and injuries to property, but they do not cover defective workmanship. For example, if a poorly-constructed brick facade collapses on a bystander, the CGL policy will cover the personal injury but not the reconstruction of the brick facade. • Workers’ Compensation: CGL policies are technically optional, but workers’ compensation insurance is almost always mandatory. These policies cover injuries to workers which occur .within the course of the employee’s scope of employment. The laws vary significantly as to the coverage for occupational diseases and preexisting conditions. When it comes to your construction business, an ounce of prevention really is worth a pound of cure. For more ways to minimize your risk and maximize your profits, contact Morefield Speicher Bachman, L.C. today. Our main office is conveniently located in Overland Park. Sources: https://www.osha.gov/oshstats/commonstats.html https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217554

Andrew Speicher: An Attorney with Heart

News / By msb

Andrew always knew his calling was to help people. After all, this path started for him long ago. There are few experiences more formative than growing up as “the Pastor’s kid.” Andrew would watch his father and maternal grandfather work to provide support and leadership to their local church congregations. And he observed, very early, how that steadfast commitment to the community wasn’t just confined to weekly services. Andrew also took special note of the way his paternal grandfather, a teacher, lived out his faith by ministering to everyone around him and serving the needs of others despite never working a day in his life as a pastor. Each thread of their faith was intertwined with resolution: to seek every opportunity to make a real difference in people’s lives – in the workplace, at home and in the neighborhood. At a young age, Andrew was taught to love and be of service to others. Growing up, this powerful ethic transformed into a passion for helping those in need. Later, he found that the unique combination of analytical thinking and opportunity to give back made the legal profession the best avenue to pursue this calling. And it was. After earning a B.A. in History and Business Administration from Mid-America Nazarene University in Olathe, Kansas he moved on to Drake University School of Law in Des Moines, Iowa where he graduated with a J.D. He was first appointed by the State of Missouri as a Trial Attorney in the Public Defender’s Office and after two years continued his journey in private law firms. During his next eleven years in private practice, Andrew represented individuals across all walks of life, and businesses in various industries, in matters ranging from serious personal injuries and wrongful death to business litigation and dispute resolution. Today Andrew has been practicing law for nearly seventeen years. He is a founding member of Morefield Speicher Bachman, LC, a firm that is based on the bedrock principles of integrity, hard work, excellence, stewardship, and services to others. Let’s face it – some attorneys just don’t care and will tell you what you want to hear in order to make a buck. But not Andrew and his partners. When a potential client first walks through the door, Andrew’s first concern is always whether he is the right fit for them, not whether the client’s case can benefit his firm. The most important question is “What is best for the client?” And if the client will be better served by hiring a different attorney, Andrew will be the first to offer a referral recommendation. Whether it’s a personal injury, wrongful death, business formation or business litigation case, Andrew leverages his industry expertise to both advise clients on how to achieve the best result for their case, and to counsel them through what is often a very painful and discouraging season of life. This helps many clients concentrate on recovery and restoration and moving forward with their lives, while he fights for the greatest possible outcome. But it doesn’t just end there. Andrew’s core principles have led him onto a path of stewardship and service in more ways than one. From pro-bono cases to volunteering, for years he has helped serve and support causes that assist low income individuals and families in getting back on their feet. His contributions have had a lasting effect in the Kansas City area community. If you have a personal injury, wrongful death or business litigation legal claim, come in and speak with Andrew. He will give you and your case the time and consideration it deserves and will always strive to do what is in your best interest, no matter what it takes. We at Morefield Speicher Bachman believe that everyone should have the opportunity to tell their story and hear about the legal process involved. Your first consultation is completely free.

3 Distracted Driving Myths Everyone Should Know

Car Accident, Personal Injury / By msb

Did you know every 8 seconds someone is injured in a car crash? Join us in spreading awareness for Distracted Driving Awareness Month. Many of the things we do daily while driving are actually distracting us from the road and could cause us to someone in a crash. Would you have recognized these driving myths? I can multitask while I’m driving. Did you know the brain literally can only do one thing at a time? Even if it seems like multi-tasking is natural and instinctive for you, your brain is actually only focusing on one thing at a time. For example, we talk all day long, it doesn’t even seem to require much brain power, right? Wrong. When you’re talking on the phone and driving, your brain is quickly switching back and forth between the two tasks, even though you don’t notice it. This slows your reaction time. Think about trying to watch TV and talk on the phone at the same time. You’ll notice then that you can’t actually do two seemingly simple tasks at the same time. Your brain can only focus on one at a time. Go ahead, try it, and then think twice about talking on the phone while driving. But talking on the phone is just like talking to a passenger. Nope. It’s actually very different. Passengers in the car are also aware of what’s going on around you and can help keep you focused. Someone on the other end of the phone can’t see that car that’s about to cut you off. But your passenger can. So they can adjust the conversation when they see potential danger and they can even alert you to those potential dangers. We all hate backseat drivers but sometimes, they can actually help and save lives. Don’t be fooled. It is not safe to drive and talk on the phone at the same time. I can still text if I use voice-to-text. When cell phones first became capable of transcribing our voice into text messages, it was all the rage. “Now I can text without having to look at my phone.” Sounds great, right? Maybe not. Have you ever noticed that even while you’re using your voice to text, you constantly look down at the phone? That’s probably because of auto-correct issues or your phone misinterpreting your voice. This can be extremely dangerous because 1) you’re still looking at your phone and 2) you’ve let your guard down because you think you’re being safe by not actually texting. If it’s an urgent message, find a safe place to park, and take care of your text. Otherwise, ignore your phone and wait until you get to your destination. Help us spread awareness this month about the dangers of distracted driving so we can reduce the injuries and fatalities it causes.

How much do you know about Rick Morefield?

News / By msb

You probably know he’s passionate about his clients. You probably know he loves practicing law. But there is a lot you don’t know about Rick. Rick’s journey to becoming a personal injury attorney started way back in high school when he competed in debate. But it wasn’t always a straight path to the law. Did you know he played lead guitar in a rock band named Spectrum and had a dream of pursuing that as a career? On the other end of the spectrum, he thought about going into medicine or marine biology. Luckily, all of those dreams fell by the wayside and his dream of becoming a lawyer to help people stuck with him through all of those years. After law school, Rick first got experience practicing law in one of Kansas City’s largest and oldest law firms. This lead him to have an epiphany: Rick wants to help individuals. And after a judge told him he was meant to be a personal injury plaintiff’s attorney, Rick set his sights on that goal. All of this lead to MSB. Rick had a vision and continues to carry out that vision: to build a law firm that is focused on the community. If you read our newsletters or look around on our site, you will see some of the work we do to give back to the community – from Walking Like MADD to volunteering with My Father’s House to providing pro bono legal services. MSB takes that vision of giving back to their community and incorporates it into each case that we take on. We are not your typical lawyers – we want to help you heal holistically and get justice. So whether you just need legal advice, or you need us to point you to another professional like a therapist or financial advisor, we are here to help. We know that when you come to us, you’ve faced an injury and need more than money to heal and get your life back. Rick and his law partners formed MSB to give clients the highest quality legal services, but with careful attention to the individual needs of each client. To make this possible, we are selective about the cases we accept. We want to make sure that our caseload is never so large that it prevents us from providing individualized service to each and every client. We want to be able to spend significant amounts of time with each client working on their case to ensure the best holistic outcome that we can provide.

5 Tips for Communicating with Someone who has a Traumatic Brain Injury

Personal Injury / By msb

Do you have a loved one suffering from a traumatic brain injury? It can be hard to adjust and know what to say. You want to help but you don’t want to offend your loved one. So what should you do? Each case is different and talking with their doctor could help you determine the best course of action. In the meantime, however, take a look at these general tips for communicating with someone who is suffering from a TBI. Treat adults as adults. Treat people with dignity. If you offer assistance, wait for that offer to be accepted. Don’t assume they need the help. Assuming that someone needs help and not allowing them to accept assistance can make them feel embarrassed or less of an adult. Don’t be afraid to ask questions if you’re unsure of what to do. Try to move to a quieter place. TBIs can cause concentration problems. Someone with a TBI may have difficulty concentrating and an area with a lot of distractions can make that worse. Be patient. Be prepared to repeat things more than once. Short-term memory deficits are common with TBIs. Sometimes, TBIs can create problems with understanding things. Take your time and make sure your loved one understands what you are saying. Maybe try saying things in a different way. Regardless, make sure you remain patient and understanding. Listen. This can be hard for a lot of people. Remember, they may have something important to say. They may want to contribute to a conversation. It may take them more time to organize their thoughts and be able to clearly express themselves, so take the time to really listen to them. Be supportive and understanding. Recovering from a TBI is not a linear process. Symptoms can fluctuate and can be influenced by outside factors, such as noise levels and distractions. Stay positive – this can be a very difficult time and your loved one needs all the positive support he/she can get. We hope this is helpful for you and your families. Feel free to pass this information along to other friends, family, colleagues, or anyone else who may know someone who has a traumatic brain injury.

MSB ALERT: New Ordinance on Employer’s use of Criminal Records

News / By msb

MSB ALERT: The City Council for Kansas City, Missouri recently passed restrictions on the ability of employers to inquire about and use a job applicant’s criminal history. Taking effect June 9, 2018, the city ordinance limits an employer’s ability to use criminal record information. Under this ordinance, employers will no longer be able to inquire about an applicant’s criminal history until after the employer has determined that the individual is otherwise qualified for the position and the applicant has been interviewed. After interviews, employers may inquire into the criminal record of applicants who are “within the final selection pool of candidates.” In addition, employers will also now be limited in how they use criminal history information in hiring decisions. Employers must demonstrate that the decision to hire or promote is based on “all available information.” This includes frequency, recency and severity of the applicant’s criminal record. If an employer is going to take an adverse action based on the criminal history information, the criminal offenses must be “reasonably related to the duties and responsibilities of the position.” There is one exception to this new ordinance. If an employer must exclude applicants with criminal convictions because of a local, state or federal law or regulation, then this ordinance does not apply. Questions about how this will impact your hiring or promotion decisions? Give us a call.

Safety Meetings and Toolbox-Talks: Are you doing these?

Construction Law / By msb

We strongly believe worker safety should be one of your top priorities as a construction firm. Do you have policies in place to ensure you are conducting safety meetings and toolbox talks? These need to be done regularly and the best way to ensure that is to have a formal policy, company-wide. Hold a Safety Meeting at the Project Kickoff Start each project with a clean slate and ensure everyone involved is on the same page with regard to worker safety. At this meeting, address safety as it relates to this specific project. Discuss risks and hazards that will be encountered throughout the project. Include discussion and education on safe work practices relative to the tasks being performed, required use of appropriate personal protective equipment and first aid training. Before the first day of actual work on the job site, have each worker take a trip to the job site to become familiar with the layout, location and any hazards already present. This allows them to focus solely on developing a safety plan for themselves, rather than be distracted by beginning work right away. Schedule regular toolbox talks Toolbox talks are short, informal meetings to revisit safety protocols and address any safety hazards that have arisen through the course of the project. Hold these each day at the start of the shift and keep them short to ensure you retain your workers’ attention. Readdress basic safety expectations and address any expected high-risk scenarios for the day or coming week. You should also address any safety incidents from the previous shift, how they were addressed and how we can improve in the future. Customize these talks to the issues at hand. If there is severe weather, address that issue and discuss safety expectations and how workers can avoid hazardous conditions and remain safe. Open up the floor to allow questions or comments to create a dialogue on safety issues. Conduct site inspections Conducting unannounced site inspections will help workers keep safety at the top of mind. Use these as teaching moments to address any unsafe actions or conditions that you observe, how they can be addressed and prevented in the future. Take note of anything that might be a good topic at the next toolbox talk, such as if you see workers without hardhats on the job site. Keep it positive It’s easy to notice the violations of safety expectations and focus on those. But it’s important to highlight workers who are engaging in safe working practices to encourage other workers to follow their lead. Make it a company policy to keep safety as a top priority. Questions on how we can help? Give us a call.

Substance Use in the Construction Industry: Are you addressing it?

Construction Law / By msb

The opioid crisis seems to be in the news a lot lately. Construction firms may be faced with the difficult tension of helping employees stay drug-free and maintaining a safe work environment. Drug use is more prevalent in high-risk industries and construction is typically considered a high-risk profession. This is not something to turn a blind eye to and if you do, you could find yourself in hot water down the road. Here are a few ways to address the issue. Prevent drug use among employees. Some construction firms have seen success with providing a rewards program for employees who maintain a safe work environment. This could include bringing in a third party to evaluate the safety of the job site. Another plus? If you do this, you may be able to lower your insurance premiums. 2. Discuss the connection between mental health and drug use early on. The Construction Industry Rehabilitation Plan (CIRP) in Canada has found that most of the people who seek treatment through them are in their 30s and 40s. Providing education to employees before they reach that age, and reach the point of substance abuse, could drastically reduce substance use. 3. You may also want to implement a policy for random drug screening and the consequences of a positive drug test. Talk with your attorney about the best way to do this. The challenge with random drug screens is the volume of employees construction firms typically have and the need to complete construction projects quickly. 4. Are you committed to helping your employees that do use substances? Make sure your company has a clear policy and stance on this issue before you encounter an employee in this situation. You may decide to put a policy in place that provides treatment to employees who have substance abuse problems. The next question is how and when you can reintegrate an employee back into the company and ensure sobriety? Think about these tough questions and develop company-wide policies ahead of time so when you face this difficult issue, you are prepared. If you aren’t addressing substance use, you could be putting your employees at risk in addition to the consumers who ultimately use or inhabit your finished construction project. Has your construction firm made a pledge to reduce substance abuse in your community?

msb

3 Ways Attorney Stan Bachman’s Unique Approach to Construction Law Helps His Clients

5 Things Insurance Companies Don’t Want You to Know

Managing Risk in the Construction Industry

Andrew Speicher: An Attorney with Heart

3 Distracted Driving Myths Everyone Should Know

How much do you know about Rick Morefield?

5 Tips for Communicating with Someone who has a Traumatic Brain Injury

MSB ALERT: New Ordinance on Employer’s use of Criminal Records

Safety Meetings and Toolbox-Talks: Are you doing these?

Substance Use in the Construction Industry: Are you addressing it?

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