msb, Author at Morefield Speicher Bachman, LC

Prepare for Compliance – OSHA Silica Regulations Explained

Back in March of 2016, OSHA published a regulation that requires construction employers to limit worker exposure to respirable crystalline silica. Silica can be dangerous when inhaled by construction workers, causing lung disease and even cancer. Silica dust is frequently found where things like cutting, grinding, sawing, drilling or crushing is taking place. This fine dust is created when sawing bricks or grinding stone, for example. OSHA estimates that over 2 million construction workers are exposed to respirable silica annually, at over 6,000 job sites. Under this new ruling, employers are required to limit worker exposure and take steps to ensure that they are protected. OSHA created two standards, one is specifically for the construction industry, and the other is for general and maritime industries. Under the construction guidelines, employers are allowed to use a control method, which is set out in OSHA rules, or they can measure worker’s exposure independently. Irrespective of which method an employer chooses, all will be required to: Create and implement a written control plan. The plan will identify which tasks are particularly hazardous and employ methods to protect workers; Identify a competent person who will be in charge of implementing the plan; Restrict any housekeeping practices that expose workers; Provide medical exams to any worker that is required to wear a respirator for more than 30 days per year; Train workers on ways to limit exposure; and Keep records of worker exposure and exams. Recently, OSHA has announced a 3 month delay in enforcing this new regulation. While it was originally set to take effect in June, the scheduled start date is now September 23, 2017. OSHA has stated that additional time is necessary so that they can provide guidance to employers. The Construction Industry Safety Coalition said that while they are happy about the extension, they remain concerned about the feasibility and enforcement of the new regulation. They have suggested that the enforcement be delayed for one year. In the interim, the American Subcontractor’s Association recommends that business owners prepare for compliance. This entails developing ways to control silica dust and exposure. Read the Final Rule here or contact construction attorney Stan Bachman for guidance.

Who is At Fault for a Car Accident in Bad Weather?

Personal Injury / By msb

We all know Kansas City weather can turn on a dime. I was golfing a few weeks ago and scraping ice off the windshields last week. When winter weather strikes, it can catch Missouri drivers off guard. Black ice, rapidly changing road conditions, and limited visibility can contribute to drivers losing control and causing an accident, resulting in serious personal injury and even death. But who is really at fault for a car accident during snow or ice conditions? The nasty winter weather, or the driver operating the vehicle in that weather? Weather conditions are just one factor to consider in determining fault, and assessing your ability to recover, if you are injured in a car or truck accident during bad weather. Fault in Missouri is based on a finding of negligence against one or more drivers involved. Negligence regarding operation of a motor vehicle is defined as “the failure to use the highest degree of care”. R.S.Mo. § 304.012 – Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. Have you ever heard someone involved in a car accident during a snow or ice storm say, “There was nothing I could do! The roads were so slick!”? Despite what they may say or believe, slick roads are usually not the ultimate cause of an accident. Some other factors they may not be considering include: Was the driver caught in a snow or ice storm unexpectedly, or have the weather conditions actually existed all day? Was the driver following the car in front too closely for the conditions? Was the driver going too fast for the conditions on the roadway? Was the driver using his or her phone at the time of the accident? Are the driver’s vehicle and tires in good working condition for the winter weather roads? Although snow and ice are a factor to consider when determining fault, they are only one factor among many. An experienced personal injury lawyer will be able to ask the right questions to determine the relevant facts specific to your accident, and not let a negligent driver get away with blaming it on the weather.

Giving Back Through Volunteer Attorney Programs

Community Involvement / By msb

Improving access to legal services for low income individuals and families is a critical component of breaking the cycle of poverty for individuals and families in Kansas and Missouri. All too often, families faced with a legal situation find themselves falling farther behind as they try to spread an already thin budget to pay legal fees, court costs, and even traffic fines. Many do not know where to turn for help. This is why Morefield Speicher Bachman, LC wants to highlight organizations like Legal Aid of Western Missouri, which works tirelessly to break this cycle. In addition to serving their own clients, Legal Aid of Western Missouri, jointly with KCMBA, LAKC, and K.C. Bar Foundation, seeks to provide comprehensive legal services through their Volunteer Attorney Project (VAP) to individuals and families in Kansas and Missouri who need, but cannot afford, legal assistance. Through VAP, eligible clients are referred to private attorneys for free legal assistance with housing related matters, guardianships, and family law cases, among others. Attorney Andrew Speicher has been actively involved with VAP, representing pro bono clients in matters involving guardianships and warrant relief. It’s unfortunate, but children are regularly the ones that suffer the consequences of our poor decisions as adults. When a parent is unable or unwilling to provide for their child’s needs, it usually falls to a well-intentioned grandparent or other family member to step in and pick up the slack. But when that child needs to go to the doctor or be admitted to the hospital, or enroll in school, the child is often denied because the caregiver has no legal authority to make these decisions. This is where volunteer attorneys can step in and serve by taking the caregiver through the court process of being appointed as Legal Guardian of the child, thus empowering the caregiver to make legal decisions for the child’s physical and financial health and well-being. Some of my most rewarding moments as an attorney have come at the end of a Hearing For Guardianship. In that moment, the judge finally appoints my client as the legal guardian for her grandchild and now frees my client to get her grandchild the medicine she needs, or enroll her in school. Without being appointed Guardian, the child would fall between the cracks. But because of the opportunity to offer my services through the VAP programs, we can equip caregivers to provide these children with an opportunity to excel. – Andrew Speicher To give your time to the Volunteer Attorney Project, please visit http://lawmo.org/volunteer/volunteer-attorney-project/. You can also find similar programs through Kansas Legal Services http://www.kansaslegalservices.org.

Make a Choice to End Drunk Driving Accidents

Wrongful Death / By msb

Drunk driving accidents are 100% preventable. Even so, the National Highway Traffic Safety Administration reports that 10,265 people in the United States died from alcohol-related crashes in 2015. That’s one every 51 minutes[1]. Think about that. Every 51 minutes somebody else’s loved one will never come home again because someone chose to drink and drive. The statistics are sobering or at least they should be. 1,411 people were injured in alcohol-related auto accidents in Kansas in 2014[2] 96 people were killed in alcohol-related auto accidents in Kansas in 2014 5,976 alcohol involved car accidents were reported in Missouri in 2014 including 249 fatality accidents[3] Personal injury and wrongful death attorneys Rick Morefield and Andrew Speicher have helped many individuals and families who have been seriously injured or lost a loved one because of the actions of a drunk driver. We hope there’s a day when their services aren’t needed, but until then they can help victims and their families navigate the process of recovering the financial losses, and offer support to aid emotional recovery. As you celebrate this holiday season with your family and friends, make these simple choices to keep our Kansas and Missouri highways safer, and to finally end the senseless deaths and injuries suffered in drunk driving accidents. Designate a person in your group to stay sober and make sure everyone gets home safely. If you’ve been drinking, don’t drive. Call a cab or someone who has not been drinking to take you home. Put contact information for local cab and transportation companies in your phone so you always have it readily available. If you’re hosting a party, provide information to your guests for local cab and transportation companies, and provide non-alcoholic beverage options. 2016 marks the 30th Anniversary of MADD’s Tie One On For Safety campaign. Visit their website for more information about what you can do to end drunk driving accidents. [1] http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html [2] https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burTransPlan/prodinfo/2014factsbook/Alcohol.pdf [3] http://www.mshp.dps.missouri.gov/MSHPWeb/SAC/crash_data_circumstance_960grid.html

Reduce Your Risk of Traumatic Brain Injury in a Bike Accident

Personal Injury / By msb

When a car and bicycle collide, the injuries to the bike rider can be catastrophic. According to the Insurance Institute for Highway Safety, in a majority of bicyclist deaths the most serious injuries are to the head. Recent studies show that wearing a bike helmet can significantly reduce your risk of suffering a traumatic brain injury in a bike accident. 2014 Bicycle Accident Statistics Kansas Department of Transportation reports 299 bike accidents resulted in injury including 7 fatalities. Missouri Department of Transportation reports 495 bike accidents resulted in injury including 4 fatalities. Nationally, 720 bicyclists were killed in crashes with motor vehicles. Of those, 429 riders were not wearing a helmet compared to only 118 deaths when a bike helmet was worn. A study reported in the American Journal of Surgery reviewed data on 6,267 individuals injured in bicycle accidents. Approximately 25% of the individuals studied were wearing a bike helmet at the time of their accident. 52% of all individuals studied suffered severe traumatic brain injury. The study concluded that wearing a bike helmet can reduce the risk of severe TBI by more than 50%, and reduce the risk of death from head injury by 44%. You can read all the findings of the study here. It makes sense, doesn’t it, that any protection on your head is better than no protection? So why do so many riders choose not to wear a bike helmet? Sadly, an oft cited reason is because bike helmets aren’t cool. You know what else isn’t cool? Having to wear your sunglasses inside, or being unable to shop at grocery stores, because your traumatic brain injury causes a painful sensitivity to light. Is a bike helmet too uncomfortable? Do you know what else is uncomfortable? Chronic pain, memory loss, constant vertigo, or debilitating personality changes, all of which can result from even a minor traumatic brain injury. We encourage everyone to check out www.biausa.org/living-with-brain-injury.htm for a description of more symptoms and complications that people suffering from traumatic brain injury face every day. Then ask yourself whether riding your bike without a helmet is worth the risk. If you need to speak to a lawyer because of injuries suffered in a bicycle collision with a car, truck, or motorcycle, contact one of the brain injury attorneys at Morefield Speicher Bachman, LC for a free one-hour consultation.

Revocup South – Turning Spare Change into Meaningful Change

Community Involvement / By msb

If you like the Morefield Speicher Bachman, LC law firm on Facebook, then you have probably seen us sharing events for our Overland Park, Kansas neighbor Revocup South. From musical performances to motivational speakers, there is always something going on next door at 11822 W. 135th St. But what we think is even cooler about Revocup South is what they do behind the scenes through the Revocup Foundation. The best coffee in the world is often produced by rural, desperately poor farmers who receive only a few dimes per pound for a crop that fetches between twenty and one-hundred times that amount at retail. Families lack the knowledge to properly, productively, and sustainably manage their land—while malnutrition, lack of potable water, and high rates of preventable disease further fuel this cycle. – www.revocupfoundation.org Founded by Habte and TG Mesfin in 2011, Revocup Foundation exists to improve the lives of coffee farming families and the communities they live in through education, health, and sustainable business initiatives. Board Chair, Michael Johnson, recently shared with me a couple of Revocup Foundation’s ongoing projects. Since 2011, the foundation has built and equipped 28 small libraries in rural Ethiopian farming villages with the goal to increase access to education and technology in the region. Revocup Foundation is also partnering with Holy Cross Lutheran Church’s Clean Water Ministry to improve access to clean, potable water. Ten cents of every cup of coffee sold and one dollar of every bag of coffee sold at Revocup Coffee House and Revocup Coffee House South is donated to the Revocup Foundation. Next time you’re in south Overland Park, stop in and say hello to Revocup South owner Michael Johnson. Enjoy a cup of some of the best Ethiopian coffee in Kansas City, and make a little bit of positive change in the world. At Morefield Speicher Bachman, LC, giving back to Kansas City is one of our law firm’s core principles. That’s why we enjoy sharing information about other businesses and organizations that also make giving a part of their business goals and practices.

Neck Injury – Sometimes It’s Not “Just Whiplash”

Car Accident, Personal Injury / By msb

What is Whiplash? Whiplash is one of the most common personal injury diagnoses following a car accident. When an ER doctor examines a patient complaining of neck and/or upper back pain following any type of automobile accident, and there are no obvious bleeding or broken bones, the common course of evaluation is cervical x-rays and/or thoracic x-rays, and then a written prescription for pills. Most ER doctors will also hand out an informational pamphlet that essentially says “Give it a few days, rest up, and you’ll be fine.” And sometimes that’s true. But more often than the insurance communities want to admit, it’s not. Mayo Clinic defines whiplash as “a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.” Ouch. But our bodies are amazing creations, and when given the opportunity through physical therapy and rest, they can sometimes recover from this type of trauma to the bones, muscles, ligaments and tissues that keep our heads attached to the rest of our body. Unfortunately, many people are not so lucky and there are many significant injuries that can result from what is often minimized as “just whiplash.” Some of those conditions include bulging, herniated, or ruptured discs, spinal fractures, and concussions or traumatic brain injuries. Another lesser known injury that most often results in chronic neck pain and headaches is known as ligament laxity. Ligament Laxity Our necks are marvelous works of engineering, and are comprised of dozens of muscles, ligaments, and tendons that all work together to keep our neck and head in proper alignment to prevent pain from undue pressure on our spinal discs, nerve impingement, and other potential complications. Two of the most important, yet least known or discussed, are the Alar Ligaments and their accessory (supporting) ligaments. These ligaments work like finely tuned rubber bands that maintain just the right amount of tension to allow full movement of the upper neck, but not too much movement. When those ligaments are violently whipped and stretched beyond their capacity, they can’t always recover. Just like a rubber band that’s lost its full elasticity and can’t hold your pile of papers together anymore, ligaments that are violently whipped and stretched too far can lose their proper tension and become lax. This allows for the development of a host of cascading problems in the movement and function of the upper neck, many of which can lead to undiagnosed chronic pain. I have represented many clients suffering from chronic neck pain caused by a car, truck, or motorcycle accident. The key to their recovery was a complete diagnosis. If you are suffering from chronic neck pain, headaches, or loss of balance when turning or tilting your head, or any other symptoms that started with a car accident and haven’t healed, we encourage you to talk to a doctor or chiropractor about undergoing a digital motion x-ray to better evaluate the source of your injuries. There’s a good chance it’s not “just whiplash”.

A Paralegal Perspective: Is a Career as a Personal Injury Paralegal Right for You?

News / By msb

Thinking about working as a personal injury paralegal but wondering if it is a good fit for you? Here’s my perspective on what it takes to work in this area of law. I have worked for personal injury and wrongful death attorneys Rick Morefield and Andrew Speicher for the past twelve years, representing people in Kansas and Missouri who have been seriously injured, or have lost a loved one in an accident caused by someone else’s negligence. The day-to-day tasks involved in managing a personal injury or wrongful death case are similar to other practice areas; discover the facts, gather and analyze evidence, prepare summaries and exhibits, draft demands, pleadings, and discovery. If you have litigation experience in a different area of law, you won’t find transitioning to personal injury difficult from a task standpoint. It’s the “personal” in injury law you really need to consider in deciding whether you will enjoy this work, and in turn, add value to your client’s case. Suffering serious injuries or losing a loved one in an accident changes your life. The people who come to my law firm to represent them need someone to listen when they talk about their pain, their financial struggles, or their loss. The attorneys, other paralegals, and I take as much time with our clients as needed to help them recover emotionally and financially. Getting to know my clients well helps not only the progression of their case, but often in their healing and recovery. A client’s story and struggle can be heartbreaking, especially with traumatic brain injury or wrongful death claims. I don’t know how many times I have sat next to a client and felt like crying right along with them but I don’t, and you shouldn’t either. A personal injury paralegal needs to be compassionate but also needs to be able to compartmentalize in order to focus on what needs to be done to get just compensation for the client. Letting emotions overwhelm you can hamper that recovery. Just as the client’s story can be difficult to hear, the documentary evidence needed to support a catastrophic injury or wrongful death claim can be difficult to see. Photographs depicting injuries, the accident scene, or worse are often graphic. This is another time when I have to set emotions aside and take a clinical approach to analyzing the evidence. I also have to be mindful about how the client might react in seeing the evidence. I can’t just thoughtlessly send it to the client in an email like I would do with a business litigation client. A successful and rewarding career as a personal injury paralegal requires analytical, problem-solving, and time management skills. More importantly it requires a passion for helping people, a desire to develop personal connections to your clients, good listening skills, and a tough skin. If that describes you, maybe you found your calling.

Minor Traumatic Brain Injury Myths Dispelled

Personal Injury / By msb

Traumatic brain injury, concussions, and chronic traumatic encephalopathy (CTE) have been regular topics in the news, sports, and entertainment. Public awareness of these injuries is at an all time high thanks to movies like Concussion and as a result of the recent NFL settlements with former players. Even with this heightened public awareness, many people do not have a clear understanding of what constitutes a traumatic brain injury. Below, we dispel four myths about minor traumatic brain injuries: Traumatic Brain Injury Myth 1: You did not suffer a traumatic brain injury if you did not lose consciousness. Fact: Traumatic brain injuries, concussions and even CTE can occur after a head injury even if the victim never lost consciousness. Although someone who loses consciousness after a head injury is more likely to have suffered a traumatic brain injury, even those who do not lose consciousness may suffer serious and life-altering consequences of traumatic brain injury. Traumatic Brain Injury Myth 2: Traumatic brain injuries always result in a decrease in intellect. Fact: There are many different symptoms that can occur with a traumatic brain injury and a decrease in intellectual ability is only one of them. The symptoms of a traumatic brain injury depend on what part of the brain was injured. It is possible for a victim to maintain his or her I.Q. after a brain injury, but have struggles with work or school due to symptoms such as chronic headaches, dizziness, light sensitivity, sound sensitivity, depression, or short term memory loss. Other symptoms can include changes in the sense of smell or taste, visual disturbances, language difficulties, seizures, sleep disturbances or loss of coordination or spatial awareness. Some victims (or their loved ones) report changes in mood, personality, or energy level. Some pre-existing conditions such as insomnia or depression can make recovery from a traumatic brain injury more difficult. An experienced brain injury lawyer can help you locate qualified medical professionals to diagnose and treat these injuries. Traumatic Brain Injury Myth 3: Traumatic brain injuries only occur when something strikes the head. Fact: Traumatic brain injuries can occur when the brain suddenly moves within the skull due to rotational forces or sudden motion. The inside of the skull has bumps and ridges that can cause bruising or other damage to the brain if the head suddenly changes direction. For example, in an automobile accident, the victim may be sitting in a car that is moving at a speed of 70 m.p.h. If the vehicle hits a fixed object, the car and the driver will suddenly stop. This causes the brain to move forward or backwards in the skull. The brain can be injured as it moves within the skull even if the skull itself never strikes the steering wheel or another object. This type of force can cause a concussion or in severe cases, a subdural hematoma or subarachnoid hemorrhage (two types of brain bleed). Although a football player may suffer a traumatic brain injury as a result of helmet to helmet contact, it is also possible for a player to suffer a a traumatic brain injury by being suddenly slammed to the ground without hitting his head. Traumatic Brain Injury Myth 4: If a concussion doesn’t resolve relatively quickly, the person claiming a brain injury is faking. Fact: Everyone is different. Although the majority of concussions resolve within a matter of weeks or months, statistically we know that some victims will be plagued by brain injury symptoms for years or even the rest of their lives. The fact that the majority of concussions resolve does not mean that those that do not resolve are not real. If the brain injury is the result of someone else’s negligence, it is important to have a qualified brain injury lawyer who understands the situation and who will pull together a team of experts to prove the nature of the injury.

msb

Prepare for Compliance – OSHA Silica Regulations Explained

Who is At Fault for a Car Accident in Bad Weather?

Giving Back Through Volunteer Attorney Programs

Make a Choice to End Drunk Driving Accidents

Reduce Your Risk of Traumatic Brain Injury in a Bike Accident

Revocup South – Turning Spare Change into Meaningful Change

Neck Injury – Sometimes It’s Not “Just Whiplash”

A Paralegal Perspective: Is a Career as a Personal Injury Paralegal Right for You?

Minor Traumatic Brain Injury Myths Dispelled

Choice of Attorney

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