msb, Author at Morefield Speicher Bachman, LC

Can social media really affect your personal injury claim? Yes and here’s how.

How often do you post on social media? Many of us post weekly or even daily, if not multiple times a day. You may want to rethink social media and maybe even take a break from posting if you have a personal injury case pending. Seemingly innocuous, innocent posts can actually weaken your personal injury case. Here are three ways posting on social media could affect your case. 1. Your posts could be used to claim you have exaggerated your pain and suffering. Defense lawyers will be looking for ways to diminish your pain and suffering. A simple post such as “Had an awesome day today!” could be used against you to claim that life isn’t actually as bad as you claim. Another example is if you have a back injury and post something about doing yard work or going for a run – defense attorneys can turn this into a claim that your back must really not hurt. We all know that sometimes you have to push through the pain to get chores and jobs done and you may pay for that with severe pain the next day. But, you don’t want to open the door for defense attorneys twist the words of your post to diminish your injuries and your pain and suffering. 2. Negative posts about the defendants can actually harm your case. We know that in today’s world, people are quick to judge. It may seem counter-intuitive, but if you are suing a corporation and post something negative about them, that could result in people labeling you as someone who is quick to sue. The defense could also claim your basis for suing has less to do with being injured and more to do with being angry and resentful towards the defendants. It’s natural to feel anger towards a person or a company that injures you; just make sure you express those feelings privately and not on the internet. 3. Even posting about your injuries could open the door to legal defenses. You may have a solid grasp of your injuries but chances are, you can’t describe it in adequate detail like a doctor can. By posting comments about your injuries on social media, you could unknowingly diminish your claim by not accurately describing the injury or by leaving out a detail that would be important to a doctor. If your description doesn’t match up exactly with your legal claim, the defense will use your own words to refute your legal claims. Leave it up to the attorneys and doctors to paint the picture of your injuries and how it negatively impacts your life. If you’ve been injured or are involved in a personal injury case, make sure you consult with a knowledgeable attorney who can guide you on issues such as social media posts to ensure you don’t unintentionally hurt your own claim.

Addressing the Construction Worker Shortage Across the U.S.

Construction Law / By msb

According to a recent survey which questioned 1,000 firms nationwide, the construction industry is decidedly on an upswing. Firms appear to be optimistic and the demand for all types of construction services continues to increase. This overall optimism is seen in both public and private sectors which may be due to a combination of a business-friendly regulatory environment, current economic conditions, and the anticipation of infrastructure investments. But things aren’t all positive on the horizon. Because of the rapid growth the U.S. is experiencing, a large majority of firms are having a serious struggle to obtain qualified construction workers. In fact, 82% of the firms questioned stated that they expect to face difficulties in hiring and recruiting qualified workers in the coming year. That is a whopping 76% increase from last year. This is creating fierce competition between companies and poses a very real challenge for companies and their bottom line. Addressing the Shortage Because of this growing need, companies are getting creative to find ways to draw more workers into the industry. Construction industry leaders are looking for ways to change the general perceptions of the construction industry. Frankly, the industry has not been notoriously popular with young people who are entering the workforce. What many don’t realize is that over time many workers can earn a six-figure income. This quandary was recently addressed the National Association of the Remodeling Industry (NARI). The group met in Chicago to brainstorm and find solutions to the worker shortage. While much was covered, several action items were identified. One way to reduce the shortage to is to create an incentive for young people to consider entering a trade school, as opposed to a traditional college. Historically, there was a belief that if you want to be successful, you need to go to college. Trade schools were often thought of as a fallback position rather than a goal. This perception needs to be changed. Women are notoriously in the lowest demographic for the construction industry and are truly an untapped resource. More effort needs to be made to utilize women for the contributions they can make in the industry. Any concerted effort to change the industry needs the support of Washington, D.C. to gain regulatory and legislative leverage. This means doing what needs to be done to increase awareness and presence in Washington and educate the powers that be about the dire need for their support. What Can be Done Locally? There are things we all can do to help the shortage and further boost the upswing and growth that is expected for the coming year. Here are few suggestions: Create a Company Culture of “Safety First”: Putting the safety and well-being of your workers at the forefront not only helps morale, but it also minimizes your risk of losing workers to injuries and accidents. Carefully Screen Future Employees: Make sure that new employees embrace your beliefs regarding safety and promote it. Encourage the Sharing of Information: Your veteran employees are a valuable resource. Encourage them to share information with the more inexperienced employees. Both groups can learn from each other. Support Your Veteran Employees: Your older employees are valuable. Make sure you are providing them opportunities to grow and provide ongoing training for new skills or to refine old ones. Support Efforts in Your Area to Promote Career Education: This can be accomplished through partnering with a national organization or perhaps directly with a local school. This can help draw younger people that are looking for a career and may not have otherwise considered the construction industry.

What damages can I recover from a car crash in Missouri?

Personal Injury / By msb

If you’ve been in a car crash and are thinking about whether you should bring a lawsuit, your first question is probably, how much money can I recover? That question can be tricky. In large part, it depends on the unique facts and circumstances of your case. What we can tell you, however, is the types of damages available and any limits on those damages. Last month we answered this question for Kansas; this month we’ll cover the laws surrounding this issue in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Lost wages; Cost of repair or replacement of your vehicle; Past and future medical expenses; and Other out of pocket expenses. There is currently no cap on the amount of economic damages that you can recover. You will, however, have to be able to prove the amount of those damages in court. Because of this, you’ll want to be sure to keep any receipts you receive. Non-Economic Damages The other type of damages is non-economic damages. Non-economic damages are harder to measure and are not necessarily things you would obtain receipts for or spend money out of your pocket. Examples of non-economic damages include: Pain and suffering; and Emotional distress. Unlike Kansas which sets a cap on the amount of non-economic damages you can recover, there is no cap under Missouri law for general negligence claims. The difficult thing about obtaining non-economic damages is being able to prove how much compensation you are entitled to receive. It may be necessary to hire an expert witness or obtain testimony from family and friends depending on the facts and circumstances of your case. Limits Based on Comparative Fault One other thing to be aware of that could affect your compensation is Missouri’s law relating to comparative fault. The court will look at the percentage each party was at fault and reduce your damages by the amount you were at fault. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, you only recover 90% of your damages. However, unlike Kansas, even if you were 99% at fault, you may still be able to recover 1% of your damages. Keep in mind, if most of the fault is yours, it may not make sense to file a claim; that is a decision you should make only after consulting with an experienced attorney. An experienced attorney will have the experience to know how juries evaluate situations like yours. Still not sure what you could recover if you bring a lawsuit? We’re here to walk you through the process, answer your questions and fight for the compensation you deserve.

5 Tips When Dealing with Construction Contracts

Construction Law / By msb

Whether you are a general contractor or a subcontractor, it is important to have a complete understanding of your construction contract before starting the project. Often in the negotiation stage, the primary focus is on the client. You, of course, want to secure the job and give them what they are asking for. There are important points to keep in mind, however, when you are entering into a new agreement that can make or break the job down the line should a problem arise. Needless to say, having a lawyer review your contract is highly recommended. An experienced construction attorney often sees the same problematic clauses repeatedly, particularly when standardized contracts are used. Your lawyer will be able to negotiate changes and possibly rework a clause that isn’t to your benefit and can open you up to potential liability in the future. Get the Complete Contract Document Keep in mind that often, what you end up signing isn’t the complete contract Often there are attachments, exhibits, project specifications and other addenda that are important parts of the agreement. It is also important to be aware that a contract can legally bind not only the general contractor and owner, but it can also bind a subcontractor, even if they didn’t sign the actual document. Indemnity Clauses Many people don’t fully appreciate what an indemnity clause is before agreeing to it. To indemnify a party, you are assuming responsibility for them. The term “hold harmless” means that you are waiving any right you may have against another party. You may be able to negotiate these clauses in some instances, but if not, it is important to be aware of what you are agreeing to. Bond Rights and Liens Remember that if anything goes awry with a project, a lien or bond may be your only means of getting paid. These are important rights, so it is not a good idea to waive them. Warranty Period Start Dates It is generally to your benefit to have the warranty period of your contract begin when your work is completed, not when the entire project is complete. If you agree to have your warranty start when the project is complete, you could be unknowingly and substantially extending your warranty period. Always Get it in Writing This may sound like a no-brainer, but it happens all too often, particularly with change orders. If you do not have a change documented and something goes wrong, you could run into trouble down the road. If you have any questions about the above or want to talk about a construction matter, please contact me.

Driving in Winter Weather

News / By msb

Driving in winter weather can come with all sorts of unexpected dangers – slick roads, stranded vehicles, limited visibility and more. Keep these 5 tips in mind and share with your loved ones to be prepared for the unexpected this winter. Stay informed. Before heading out, make sure you are up-to-date on road and traffic conditions. Use KanDrive or MoDot to stay informed. Knowing these conditions before you head out will allow you to plan adequately for the delays and still arrive at your destination safely and on-time. Create a vehicle inspection routine. With winter weather comes ice and snow. Plan a routine that allows extra time before you leave the house to inspect your vehicle and clear off anything that may obstruct your visibility. You should also plan to routinely check things in your vehicles such as wiper blades, belts and hoses to ensure you don’t run into trouble on the road. Reduce your speed and drive with extra caution. Reducing your speed will increase your time to react – reduce your speed for wet, snowy and icy conditions and in cases where visibility is limited. Leave extra room for you and the car in front of you; winter road conditions could create longer stopping distances. Be cautious around snow plows. Remember, they travel under the speed limit and have a limited field of vision. Be patient. Create a winter survival kit for your car. These things will come in handy if you were to get stranded or stuck without help. Consider keeping these items in your car: red flags, matches/lighters, blankets, fuses/flares, ice scraper, snow shovel, jumper cables, first aid kit, non-perishable food and tow ropes/chains. Remember these tips to keep you and your family safe during this upcoming winter season.

What Damages Can I Recover from a Car Crash in Kansas?

Car Accident, Personal Injury / By msb

If you’ve been in a car crash and are thinking about whether you should bring a lawsuit, your first question is probably, how much money can I recover? That question can be tricky. In large part, it depends on the facts and circumstances surrounding your case. What we can tell you, however, is the types of damages available and any limits on those damages. This month we’ll cover the laws surrounding this issue in Kansas. Stay tuned next month to learn about the laws in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Past and future lost wages; Cost of repair or replacement of your vehicle; Past and future medical expenses; and Other out of pocket expenses. There is currently no cap on the amount of economic damages that you can recover. You will, however, have to be able to prove the amount of those damages in court. Because of this, you’ll want to be sure to keep any receipts you receive. Non-Economic Damages The other type of damages is non-economic damages. Non-economic damages are harder to measure and are not necessarily things you would obtain receipts for or spend money out of your pocket. Examples of non-economic damages include: Pain and suffering; Loss of enjoyment of life; Emotional distress; and Disability or disfigurement. Unlike economic damages, Kansas law limits the amount of money you can recover for non-economic damages. The limit is determined by statute and depends in large part on when the car crash occurred. Currently, the state law caps this type of damages to $300,000 for crashes occurring between July 1, 2014, and July 1, 2018; $325,000 for crashes occurring between July 1, 2018, and July 1, 2022; and $350,000 for crashes occurring after July 1, 2022. Limits Based on Modified Comparative Fault One other thing to be aware of that could affect your compensation is Kansas’s law relating to modified comparative fault. The court will look at the percentage each party was at fault and reduce their damages by that amount. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, only award you 90% of your damages. In addition, if the court decides a driver was more than 50% at fault, that driver cannot recover any damages. Still not sure what you could recover if you bring a lawsuit? We’re here to walk you through the process, answer your questions and fight for the compensation you deserve.

Protecting Your Business During the Cold Weather Months

Construction Law / By msb

As the weather changes, different safety issues arise. In the summer, there are warm weather hazards to be aware of such as heat stroke and dehydration. Now that we are moving into the colder months, you should stay aware of how this change affects your employee’s safety and your bottom line. Protect Your Employees Cold, wet weather presents a variety of potential hazards for workers. These hazards can include cold stress, slipping and falling and seasonal illnesses The Occupational Safety and Health Administration (OSHA) has created recommendations to follow in order to minimize these hazards. According to OSHA, “employers have a responsibility to provide workers with employment and a place of employment which is free from recognized hazards, including winter related hazards.” Workers may experience physical symptoms from colder weather, known as cold stress. This is where the body can no longer maintain its regular temperature. Fingers and toes can become less sensitive and frostbitten as well, which affects dexterity in operating machinery. Slipping and falling on wet icy surfaces also becomes a hazard during the colder months. To address these hazards, many companies will provide their workers with hats, gloves, jackets and other weather protective gear. While OSHA doesn’t require this, it is highly recommended. In addition, they recommend the following precautions be taken: Provide engineering controls for your workers to cope with cold (radiant heaters); Train supervisors and employees to recognize the signs of cold stress; Schedule work during the warmest time of day; Schedule breaks in warm areas; and Have employees work in pairs. Protect Your Schedule Depending on what state you live in, a serious winter storm may come as no surprise. If you live in a place where snow storms are predictable, a company should not expect any time extensions because of the weather. It is not a bad idea to consider the average weather patterns for your area when planning a job. If rain is normal for November, for instance, provisions should be made ahead of time for rain tarps, wet weather gear, rental heaters and concrete blankets. You should also take into consideration the extra gas and heating costs during this time and a loss of productivity from your workers. Experts contend that there is an average of 10-15% drop in productivity during the colder weather months. Plan Ahead When negotiating a winter job, parties should agree well in advance who will be responsible for bearing the extra expense involved. This shouldn’t be settled over coffee and a handshake, but put in writing in the contract. If you are negotiating a job that will begin in December for example, order your cold weather supplies now. Be prepared for the inevitable will keep your employees safe and comfortable and will help your project run smoothly.

From the Road to the Kitchen: Thanksgiving Safety Tips

News / By msb

Millions of Americans gather with loved ones to celebrate Thanksgiving. The includes road trips to family who live in other states and lots of cooks in the kitchen. Did you know that Thanksgiving is the peak day for home fires as a result of cooking? Take a few minutes with your family to review these safety tips before your Thanksgiving celebration! Tips for the Road: Don’t be a rule breaker. Follow the speed limit, slow down for work zones, don’t follow too closely, come to a full stop at stop signs and don’t speed through red lights. Make frequent stops. Road trips can feel long and can cause you to become drowsy. Split up the driving between a few drivers and rotate frequently. If you are the only one able to drive, make sure you take rest breaks to stretch your legs and keep your mind active and aware of your surroundings. Prepare before you go. Check your tire pressure and oil levels. Take care of any maintenance before hitting the road. Clean your headlights, taillights and windows. Remember your headlights. Turn your headlights on as soon as dusk approaches and remember to use headlights if you are driving in inclement weather. Tips for the Kitchen: Test your smoke detectors prior to Thanksgiving Day. Keep the kitchen floor clean of children’s toys to avoid tripping in the cooking area. Keep all sharp and hot objects, such as knives, pushed far back on the counter and out of children’s reach. Use timers and never leave cooking food unattended– this will reduce the risk that you forget the stove or oven is on. Unattended cooking is the leading factor contributing to cooking fires. Keep children and pets out of the kitchen and away from the cooking area. Food can splatter unexpectedly and hot food can seriously injure your children. Keep unnecessary items away from the stove. Pot holders, oven mitts, utensils, food packaging and towels can all catch fire quickly. Keep a fire extinguisher in the kitchen, just in case. Regularly clean your cooking area to reduce grease buildup that could lead to a fire. Do one final check of the kitchen before leaving or going to bed to ensure all stoves, ovens and appliances are turned off and, if appropriate, unplugged. Enjoy the holiday with your loved ones!

Creating a Company Culture of Safety

Construction Law / By msb

It’s no secret that construction work is dangerous. According to the Occupational Safety and Health Administration (OSHA) 1 in every 5 fatalities in private industry is in the construction sector. According to the Bureau of Labor Statistics, construction site fatalities have been consistently on the rise. In 2015 alone, there was a 4% increase in construction-related deaths. As a business owner, your employees are a vital component to creating an environment where things run smoothly and morale is high. An accident not only impacts the human element of your business, it affects your bottom line in terms of delays, regulatory consequences and potential litigation. Safety should be a key component of every project, starting on day 1. By making safety your priority, you reduce injuries, save lives and keep your projects on track. Companies that adopt a culture of safety first benefit everyone. Safety Starts at the Top Safety begins with the company executives and project leaders. These people should set an example, and hold management responsible for the safety of their employees. Everyone on the job should be trained regarding expectations, planning, and implementation of safety protocols. This applies across the board, from executives to managers, to job foremen and the employees. The Planning Process When planning for a project, work to identify the potential dangers involved. This would include everything from laying the foundation to creating the superstructure, to the finishing work. Then identify what proactive steps need to be taken to mitigate these potential hazards. As the job progresses, the safety issues associated with each phase should be reassessed. Training All workers need to be trained on the safety procedures, not just the new employees. Each new project should include a safety orientation, where the safety plans and procedures are reviewed. This should also include disciplinary actions for noncompliance, drug testing policies and fall management procedures when applicable. Fall Management Statistics report that 2 out of every 5 construction fatalities are due to falls. Falls top the list for causing fatalities in the construction industry. This is closely followed by “struck-by” accidents, crash injuries and electrocution. OSHA reports that by just eliminating the “fatal four” dangers, 602 lives could be saved annually. It is recommended that fall prevention safety measures start at a minimum of 6 feet. A detailed fall management plan should be created for every project that has a fall risk. Learn from Near Misses and Accidents Learning the root cause of a near miss or accident enables the company to take preventative measures in the future. Each incident should be scrutinized to determine what went wrong and what can be done in the future to mitigate the danger. Collaboration Companies who take their safety seriously adopt a collaborative approach by working with their insurers and risk management professionals from the beginning. Building a solid safety culture takes time, attention and resources. However, the benefits pay off exponentially. It promotes a positive company reputation, lowers project costs and makes the company more attractive to employees and clients.

37% of People Have Fallen Asleep While Driving – Remember These 12 tips to Stay Safe

Personal Injury / By msb

37% of people have fallen asleep while driving. On top of that, 60% of people have driven while tired, 13% report falling asleep while driving at least once a month and 4% have caused crashes by driving while tired. These incidents don’t just happen on long road trips – it can be when you’re driving home from a long day at work; maybe you didn’t sleep well and are tired driving to work early in the morning. It’s important to be aware of any fatigue and address it before it causes a crash. With the shorter winter days coming our way, keep these nighttime driving tips in mind to keep you awake, alert and safe. 5 Tips for Driving in the Dark: Make sure you have clean headlights and windshield; debris on the headlights or windshield can make it harder to see at night; Look away from oncoming lights; If needed, wear glasses and ensure your glasses are anti-reflective; Dim your dashboard lights; if they are too bright, they can be distracting; and Slow down and allow additional time for stopping. 4 Tips for Driving in the Dark during Rush Hour: Slow down and be patient; we know you want to get home but we want you to get there safely; Avoid excessive passing and be alert to other cars who may dart in and out of lanes; Avoid cruise control and stay alert; driving the same route every day can become routine but force yourself to stay alert and active as you drive; and Avoid distractions; try to look at a map ahead of time, rather than while you’re driving; avoid your phone, eating or drinking. Distractions can be even worse when driving in traffic in the dark. 3 Tips for Long Distance Driving in the Dark: Get at least 7 hours of sleep and avoid driving if you have been awake for 24 hours or more; Stop, stretch and rest every 2 hours; and Travel only during times that you are usually awake. Despite the fact that we only drive in the dark one-quarter of the time, 50% of traffic fatalities happen at night. Remember these tips and follow them to keep you, your family and other drivers safe.

msb

Addressing the Construction Worker Shortage Across the U.S.

What damages can I recover from a car crash in Missouri?

5 Tips When Dealing with Construction Contracts

Driving in Winter Weather

What Damages Can I Recover from a Car Crash in Kansas?

Protecting Your Business During the Cold Weather Months

From the Road to the Kitchen: Thanksgiving Safety Tips

Creating a Company Culture of Safety

37% of People Have Fallen Asleep While Driving – Remember These 12 tips to Stay Safe

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