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Navigating the Aftermath of Rear-End Motorcycle Accidents

If you’ve been involved in a rear-end motorcycle accident, you are not alone. Each year, more than 5,000 people are killed in motorcycle accidents and more than 90,000 are injured. Knowing what to expect and the steps to take after an accident can help save your life and protect your rights. In this article, we’ll discuss the common injuries associated with rear-end motorcycle accidents and provide information on how to best handle the situation. If you’ve been hit from behind on a motorcycle, do not hesitate to reach out to our team. Common injuries  Rear-end motorcycle accidents can lead to a variety of serious injuries. Due to the nature of this kind of accident, head and neck injuries are some of the most common ones you will see. According to the National Safety Council, head and neck injuries accounted for 29 percent of all motorcycle fatalities in 2018. Other common injuries associated with rear-end motorcycle accidents include: Road rash: This is a common injury among motorcyclists due to their lack of protection when they are thrown from the bike. Road rash can cause significant pain, swelling, and skin discoloration. In more severe cases, road rash may lead to infection or nerve damage.  Broken bones: When you’re the victim of a rear-end collision, you may be thrown from your bike and suffer broken bones as a result. In addition to causing immense physical pain, it can also have significant financial repercussions due to time off from work and medical bills associated with recovery.  Spinal cord injuries: The spine is made up of many vertebrae that are highly vulnerable to injury in an accident. If your spine sustains trauma during a collision, it could lead to long-term complications such as paralysis or chronic pain. Unfortunately, spinal cord injuries are often permanent and require lifelong medical care.  Loss of limb: Rear-end collisions can cause traumatic amputations if limbs become trapped beneath the vehicle that hit you or were otherwise mangled in the crash itself. The loss of a limb can drastically alter your life as you adjust both physically and emotionally to this new reality.  Steps you can take after an accident What you do immediately after an accident may have a huge impact on how the accident will affect you inside and outside of the courtroom. Here are some steps you should take if you find yourself in this unfortunate situation: Seek medical attention right away: It’s important not only for your health but also for any legal action you decide to pursue. This is because having timely records documenting your injuries will help build your case against the other party involved in the crash and clearly show the nature and the extent of your injuries. Notify law enforcement about the accident: Make sure that an official report is filed so that there is a public record indicating who was responsible for causing the crash (as well as any other details related to it).  Contact a qualified motorcycle accident attorney: You may be entitled to receive compensation from those responsible for causing your rear-end motorcycle accident. Having an experienced lawyer on your side will increase your chances of getting what’s owed to you legally under the law. A good attorney will also be able to guide you through any tricky legal situations by thoroughly explaining your rights along with providing helpful counsel throughout each step of proceedings. Contact Our Overland Park Motorcycle Accident Lawyers With decades of experience helping Kansas and Missouri residents who suffered severe motorcycle accident injuries, our Overland Park motorcycle accident lawyers are here to help. We focus on helping our clients recover what they have lost and will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839-2808.

life changes, your estate plan should too

Life Changes, Your Estate Plan Should Too

Life is full of changes, both expected and unexpected. From getting married, having children, buying a home, and retiring, our lives are constantly evolving. With each of these milestones come new challenges, responsibilities, and opportunities. It’s important to remember that with each new stage in life, your estate plan should be reviewed and updated to reflect these changes. Ultimately, an estate plan is a set of legal documents that outline how your assets will be distributed after you pass away. It may also include instructions for your medical care and finances if you become incapacitated. Without a comprehensive estate plan in place, your assets may be distributed according to state laws, which may not align with your wishes. The process of creating an estate plan may seem overwhelming, however, Morefield Speicher Bachman will make it as easy and stress-free as possible for you. As your life unfolds and your lifestyle changes, we will proactively work with you to ensure you and your family have an estate plan that meets your unique needs today and in the future. Here are some common life changes that should prompt a review of your estate plan: Marriage and Divorce When you get married or divorced, your estate plan should reflect these changes. You may want to change the beneficiaries on your life insurance policy or retirement accounts to include your new spouse or remove your ex-spouse. Additionally, if you get divorced, you may want to update your will to reflect any changes in your wishes for distributing your assets. Birth or Adoption of a Child The birth or adoption of a child is an exciting time, but it also requires some important estate planning decisions. You may want to name a guardian for your child in case something happens to you and your spouse. Additionally, setting up a trust can help provide financial security for your child’s future. Purchase or Sale of Property If you buy or sell a home or other property, your estate plan may need to be updated. You might need to revise the designated recipients on your will or trust to align with any modifications in ownership of assets. You also could adjust your powers of attorney to coincide with any financial or health changes in your life. Retirement When you retire, your estate plan should reflect your new financial situation. Updating your will or trust to reflect any changes in your income, assets or expenses may be something you want to consider. Reviewing your designated beneficiaries on your retirement accounts may also be wise to guarantee they align with your wishes. Changes in Health If your health changes, your estate plan may need to be updated to reflect your new medical needs. For example, you may want to update your powers of attorney to ensure that your medical decisions are made by someone you trust if you become incapacitated. Life is full of uncertainties and changes, your estate plan should evolve with you. By reviewing and updating your estate plan regularly, you can ensure that your wishes are followed and your assets are distributed according to your wishes. Our goal at MSB is to ensure that your earnings and legacy are handled with the care they deserve. Contact an experienced estate planning attorney to help you review and update your estate plan today.

Injured in a roundabout accident? Contact our car accident attorneys today.

Risky Roundabouts: How to Better Understand and Avoid Accidents

Roundabouts are an increasingly common feature of the modern roadway. But despite their convenience, roundabouts have their own set of dangers. That’s why it’s important for drivers to understand the risks associated with traveling through roundabouts so that they can make informed decisions behind the wheel. The team at Morefield Speicher Bachman wants to help you do just that by providing this comprehensive guide to understanding and avoiding roundabout-related accidents. If you have been injured in a car accident at a roundabout or any intersection, please don’t hesitate to contact us. The Pros and Cons of Roundabouts Roundabouts are becoming increasingly popular in the US due to their ability to reduce congestion, increase safety, and save money. They can also be a great way to control traffic flow if they’re designed correctly. However, they can be dangerous if drivers don’t take the time to understand how they work.  Here are some of the pros and cons associated with roundabouts: Pros: Improve traffic flow by eliminating congestion caused by stoplights  Improve safety because vehicles must slow down before entering  Can reduce emissions due to elimination of stop-and-go traffic patterns  Cost less to maintain than traditional intersections with stoplights  Cons:  Typically require more space than other types of intersections  Can be confusing for drivers unfamiliar with roundabouts or who are not paying attention  Poorly-designed roundabouts have been found to increase crash rates, resulting in higher insurance premiums  Dangerous for pedestrians to cross due to the size of the intersection and vehicles not stopping Understanding Roundabout Dangers and Causes of Accidents It’s important for you to understand the potential risks associated with traveling through roundabouts so that you can make informed decisions behind the wheel. The most common causes of accidents at roundabouts include: Inexperience – Drivers who are not familiar with how roundabouts work may try to pass through too quickly or fail to yield appropriately. This is especially common among inexperienced teenage drivers.  Driver Distraction – Many drivers become distracted as they enter a roundabout and fail to pay attention to where they need to go next. Drivers need to plan ahead as they approach a roundabout and they need to be aware of vehicles approaching from other directions. It’s important that all drivers stay focused while traveling through a roundabout in order to avoid an accident.  Speeding – Speeding is one of the leading causes of accidents at any intersection, including roundabouts. It’s important for drivers to obey posted speed limits while making their way through a roundabout in order to minimize their risk of an accident. How Morefield Speicher Bachman Can Help At Morefield Speicher Bachman, we understand that navigating a busy roadway can be tricky, regardless of whether it contains a traditional intersection or a roundabout. Our Overland Park personal injury attorneys are committed to obtaining the maximum possible compensation for our clients. We are here to help guide clients through the challenging process of navigating a car accident and maintain a close line of communication with them throughout. In the event you or a loved one has been seriously injured in a roundabout accident, call (913) 839-2808 for a free and confidential case evaluation.

Hurt in an accident and have an incorrect police report? Our Overland Park personal injury attorneys are here to help.

Know Your Rights: How to Handle an Inaccurate Police Report

If you or a loved one has been in an accident, it can be an overwhelming experience. While the police report may seem like the most reliable source of information, there are times when a police officer gets it wrong. From faulting you incorrectly to saying you were “not injured” when you were, here’s what those injured in an accident should consider if the police report isn’t accurate after an accident. If you have been injured in an accident and have to deal with an inaccurate police report, contact our personal injury attorneys today. Common Mistakes in Reports When someone is injured in an accident, the police report often contains important evidence. It is used by insurance companies and lawyers to either validate or discredit the merit of your claims. Unfortunately, it’s not uncommon for the report to be wrong in key areas. Two particularly worrying examples involve: The police have wrongfully held you accountable in their report. Although this is concerning, an experienced attorney can speak with other witnesses to verify your account or even arrange for an accident reconstruction specialist to demonstrate that the crash was not your fault. The police report may suggest that you weren’t hurt in the accident. Don’t be discouraged—this isn’t necessarily detrimental to your case. Even if the police didn’t notice any injuries, they are not medical professionals. As long as your doctor supports your claim of being hurt in the incident, the police report won’t prevent you from proving your injuries in court. How People Can Protect Themselves What’s in the police report matters, but it is far from being the be-all and end-all when it comes to your case. When investigating an accident, the police report is only one of many sources of information. To ensure accuracy and develop strong proof of the incident, you can take additional steps such as: Seek medical attention immediately. It is common for accident victims to hurt much worse several hours after the incident or even a day later. If you have any concerns that you have suffered an injury in the accident, seek immediate medical attention. This helps prevent the insurance company from arguing that your injuries are unrelated to the accident. Cooperate with the police, but don’t admit fault. Many accident victims don’t want to get the other driver in trouble, so they minimize the conduct of the other driver. Don’t do that. It is important to be accurate in your police report. You do not want to be blamed for the errors of the other driver.  Request a copy of the report. You can contact the station either through its website or by phone. There is typically a nominal fee for this service; however, it’s worth it to thoroughly inspect the document and make sure there are no inaccuracies. Reach out to a lawyer who has successfully helped other accident victims. If you’re concerned by any inconsistencies or declarations in the report, consulting with an experienced attorney can save you hassle and time. Through discussing your worries with an attorney, you’ll be able to find out if these issues could lead to difficulties and precisely how to make sure they don’t negatively affect your claim for damages. We Are Here For You If you have been in an automobile collision and the official police report is wrong, it’s important to have a knowledgeable lawyer on your side. At Morefield Speicher Bachman, our lawyers offer free, private assessments to make sure you’re taking the proper steps with your injury case. Get in touch by calling us at (913) 839-2808.

Mediation Basics – Preparing the Client

By: Rick Morefield Failing to fully prepare a client for mediation is one of the most common errors I see newer lawyers make in mediation. Newer lawyers know that it is important to educate the mediator about the case, but they sometimes miss the importance of educating the client not only about the case, but also about what to expect in mediation. Mediation is a process. It requires the client to exercise patience. It requires the client to have faith in the lawyer, the mediator, and in the mediation process. But, a client cannot be expected to trust the process if the client doesn’t know what to expect. Even clients who have been through mediation in other cases need a quick refresher that focuses on the unique aspects of the current case.  Below is a quick list of topics to cover. 1. Explain what will happen in the opening session.  Typically, the mediator explains the process, but it helps if the client has heard an overview from their lawyer first. This should include information about anything unique to expect from the mediator. It is becoming more common for parties to skip an opening statement. If opening statements will be given, make sure the client knows that the opponent may make statements or arguments that offend them.  If your client is forewarned, your client will be more likely to keep control of their emotions. It is equally important to explain to your client that your opening statement is advocacy and they should take it with a grain of salt. 2. Explain that the initial offers and demands at mediation will usually be unacceptable to both parties.  Defendants typically start with ocean bottom offers; plaintiffs tend to make sky-high demands. Remind your client this is a process and to let the process play out. If the client is surprised, their emotions may derail the mediation. 3. Have a frank discussion with your client about the strengths and weaknesses of their case.  No case is perfect. Mediators will tend to highlight case weaknesses during caucus sessions. Clients are better able to trust the mediation process if they have already heard about the weaknesses in their case from their own attorney. If they hear about weaknesses for the first time from the mediator, they may tend to lose trust in their lawyer or in the mediator.  4. Warn the client that the mediator will ask hard questions in the caucus sessions.  It’s the mediator’s job to help each party see the weaknesses in their case. Remind your client that the mediator is doing the same thing in the other room. Encourage your client to listen to the mediator and carefully evaluate what they hear. The mediator wants a good outcome for the parties. 5. Remind your client to keep a poker face when the mediator is present.  When a satisfactory offer or demand is made, the client should not look too happy. More negotiating may lead to a better offer or demand. When an offer or demand is disappointing, the client should avoid arguing with the mediator. You should discuss with your client when or if they should discuss the case with the mediator and when they should defer to you.  6. Provide your client with a detailed understanding of the costs and the risks of trial so your client can have context to evaluate the reasonableness of settlement offers or demands.  Make sure your client is aware of any additional costs that may be incurred if the case proceeds to trial. It is helpful to prepare a spreadsheet for clients that shows what they would take home from a settlement after deducting fees and expenses. The spreadsheet should also show their “take home” with different potential outcomes at trial. For defendants, the spreadsheet should show the “all in” cost of a settlement compared to the cost of different outcomes at trial. Without this information, your client may not understand the real impact of a settlement on their life or business. 7. Finally, ask your client what their needs are.  Does your client want to go to trial? Does your client consider trial unthinkable? The goal of mediation is to maximize the benefit to your client. Knowing your client’s desires and needs will help you provide better advice at mediation.

Have you been injured as a result of someone else's negligence? Contact our Overland Park personal injury attorneys today.

Protect Your Personal Injury Claim: Tips for Social Media

When it comes to personal injury claims, posts on social media can damage your case. It has been said that social media is forever. We know that is true when we see celebrities and politicians publicly embarrassed by something they posted to social media several years ago. Social media will almost never help your case. Those who have been injured need to know what to avoid doing on social media and how posts by others can also damage their case. In this article, we’ll discuss how to protect yourself online and provide recommendations for safe social media use. If you’ve been injured in an accident and have questions, our team of personal injury attorneys is here to help. What Lawyers Look For on Social Media When investigating and proving personal injury claims, attorneys use social media as a powerful tool to investigate the opposing party. You can be sure that the opposing lawyer will  look for posts that may provide insight into the circumstances surrounding your injury, as well as posts that show the impact of the injury on your lifestyle. They also look for posts that can be used to cast doubt on your injuries. The opposing attorney may use seemingly unrelated social media posts to attack your claims. The danger of social media is that one of your posts may be taken out of context. That picture you post of you and your family smiling and celebrating at a wedding may be used by the opposing party to claim you aren’t really hurt. The picture may not show that you arrived at the wedding on crutches or that you had to take pain medications to endure the event. Social media posts usually show us at our smiling best. Posts that were intended to show a happy moment can be used by the opposing party to paint a false picture that you have fully recovered. When you try to explain to a jury what your life is really like, the defense lawyer may argue that your social media posts are what you chose to tell the world about yourself and that what you are telling the jury is only for the purpose of getting money. Your lawyers will also conduct social media research on the party who injured you. We have had cases where the defendant posted pictures that were inconsistent with their story at deposition or trial.  What Not to Do It’s usually best to avoid posting on social media when you have a case pending, or at least minimize it.  Common mistakes that can damage a case include posting pictures or statements regarding the accident or injury online or engaging in online conversations about the incident with other parties involved. Social media is risky because your posts can be taken out of context.  Even unrelated pictures of yourself can be used by your opponent to imply that you are not really hurt. Such posts can be used as evidence against you, potentially weakening or even disproving your side of the story. Third-Party Posts Additionally, you should be aware that posts by others may also have an impact on your case. Even if a post does not originate from you directly, it is important to remember that any post made by family or friends about your injury can be used against you, so it’s best to keep everyone in your circle informed not to discuss your case online and to avoid posting pictures of you online. Recommendations  When filing a personal injury claim, individuals should take these steps to protect themselves online: Avoid discussing details of the accident or injury on social media sites; If you made posts before reading this article, do not delete your posts or social media accounts – you may be accused of destroying evidence; Make your social media accounts as private as possible – your attorney can guide you through the process; Avoid posting selfies or other photographs of yourself online; Ensure family and friends are aware of what not to share online; and Reach out for legal advice if you’re unsure about a post’s implications for your case. Protect Your Rights With Our Representation Understanding how social media plays a role in personal injury claims is key for both current and prospective clients who are considering legal action. If you have been injured in an accident, please do not hesitate to contact our Overland Park personal injury attorneys. Call (913) 839-2808, or email MSB and let us help you through this difficult time.

managing multiple businesses

Managing Multiple Businesses: Pros & Cons of Holding Companies

With the rise of entrepreneurship and the “gig economy”, more and more people in Kansas and Missouri are engaging in multiple business ventures. While this can be extremely profitable, it can also create a complicated web of legal obligations that need to be managed. One option is choosing to form a holding company.  There are numerous benefits and potential pitfalls of organizing your business interests with a holding company.  How a Holding Company Can Untangle Your Business Ventures A holding company, also sometimes known as a “parent company”, is a business entity that owns other business entities. It acts as a parent or umbrella organization for the subsidiary businesses it owns, allowing them to operate under its name if the parent company wishes. It can be used for consolidating different investments and businesses together in order to increase efficiency and organization, while also creating additional layers of liability protection for the members or shareholders of the parent company. The holding company does not actually take part in the daily operations of its subsidiaries; rather, it serves as an owner or manager of such entities.  To Merge or Not to Merge? When making the decision whether to bring all your different businesses under one umbrella, the key advantage of creating a holding company is that it can further protect you from liability exposure. Furthermore, it may provide valuable tax savings when business owners are able to take advantage of federal and state tax deductions. However, there are potential drawbacks to consider when deciding if a holding company is appropriate for your needs. Primarily, the complexity of the business structure may make it difficult to manage multiple interests without proper guidance from an experienced lawyer. Our Business Lawyers Can Help Creating a holding company can be an effective way for entrepreneurs in Kansas and Missouri to further protect themselves from risk and liability exposure, while also providing continuing between management of their various business interests. However, with this approach comes potential risk. Before making the decision, it’s important to weigh both the pros and cons thoroughly with help from an experienced business lawyer so that you can make an informed decision. Contact Morefield Speicher Bachman to discuss and determine whether a holding company is right for you!

Injured in a car accident by a self-driving car? Our Overland Park car accident attorneys are here to help.

What You Need to Know About Self-Driving Car Accidents

Self-driving cars are a reality now and so are the personal injury claims that come after an accident involving one. With this new technology comes uncertainty about who is at fault and how to recover compensation for damages. If you or someone you know has been injured in a self-driving car accident, understanding the legal landscape is key to navigating a successful personal injury claim. In this article, we’ll discuss who may be assigned blame in these accidents and what steps to take afterward. The Different Parties Involved In a self-driving car accident, it can be confusing to determine who should be held accountable. It’s not always clear where liability lies—the driver, the technology company, or the manufacturer of the vehicle? Generally speaking, it is possible for any of these parties to be held responsible for damages, but typically, the person behind the wheel will be responsible.  Manufacturers of autonomous vehicles are responsible for designing and producing safe cars as well as staying up-to-date on relevant safety regulations and standards. If there is a defect in the design or manufacture of a vehicle and that defect causes an accident, then manufacturers may be held liable for resulting damages, as would be the case with any “normal” car manufacturer. Technology companies that provide the software or hardware driving these cars are also potentially liable for any defects in those components that cause an accident. But, drivers are expected to use reasonable care while operating their vehicles and could be held liable if they fail to do so even when utilizing autonomous features. Drivers continue to be the party who most likely will be responsible for an accident because at this time, most “self-driving cars” are only partially autonomous. These vehicles still need input and supervision by the driver in order to be safe.  Legal Considerations When assessing blame after a self-driving car accident, it is important to understand applicable laws and regulations associated with this technology as well as common law principles such as negligence and recklessness. Depending on where you live, different laws may apply when determining who is at fault in an autonomous vehicle accident. Fault may also depend on the extent to which the car is expected to operate without driver input. At this time, drivers still bear primary responsibility for damage caused by their vehicle. As technology advances, we can expect changes in the law to follow. Technology often moves faster than the law, however.   Laws are also constantly evolving as states continue to update existing statutes and introduce new ones regarding self-driving cars. Additionally, common law principles such as negligence per se (negligence established by violation of statute) and comparative negligence (when two or more parties contribute at least partially to causing an accident) may come into play in determining liability after a self-driving car crash. If you purchase a vehicle that is fully or partially self-driving, you should make sure that you have appropriate vehicle insurance in place. You should also check the current state of the laws in your state regarding who is responsible for what happens in a self-driving vehicle and the extent to which you are required to remain actively involved with the basic functions of driving. What to Do After an Accident If you’ve been involved in an accident involving a self-driving car or another type of autonomous vehicle technology, it’s important that you take steps immediately after the incident occurs in order to ensure your rights are protected and you receive appropriate compensation for any damages incurred. First, seek medical attention right away—even if your injuries seem minor at first—since symptoms can worsen over time and some conditions might not present immediately. Second, document everything related to your claim including photos, diagrams, contact information from witnesses, medical records, repair estimates, injury symptoms, etc. This evidence will help strengthen your case against negligent parties. Finally, contact an experienced personal injury attorney who can handle self-driving car accident claims. At Morefield Speicher Bachman, our knowledgeable attorneys will help guide you through the process and make sure you receive fair compensation for any harm caused by another person’s negligence. We Are Here to Help With the advent of self-driving cars, there are new legal questions about who bears responsibility after an accident occurs involving these vehicles. This is a fast changing area of technology and law. If you have a question about a self-driving vehicle accident, call us so that we can help you based on the latest legal technological changes. This is an area where changes will be likely to occur between the time we wrote this article and the time you read it.  If you have been injured in a self-driving car accident and require legal counsel, contact an attorney at Morefield Speicher Bachman today.

Mediation: Taking the Uncertainty Away from Trial and Reaching an Agreed Outcome

Are you involved in a lawsuit and facing the uncertainty of a trial? Are you looking for a way to avoid that uncertainty and reach an agreed outcome? If so, mediation may be the answer. Mediator and trial attorney Rick Morefield had a recent experience that demonstrates how the outcome of a trial depends as much on the jurors selected to decide the case as it does on the quality of the case or the skill of the lawyers. ABOTA and ABA Offer Trial Academy for Less Experienced Lawyers: Lessons Learned from a Product Liability Case In September 2022, the American Board of Trial Attorneys (ABOTA)  and the American Bar Association (ABA) Tort Trial and Insurance Practice Section offered a one-week Trial Academy to provide training for less experienced trial lawyers. Mediator and trial lawyer Rick Morefield was one of the instructors and mentors. During the week, the students got to practice and receive training on jury selection, opening statements, direct examination, cross examination, and closing argument. At the end of the Trial Academy, the students conducted a full trial in front of a jury picked from the normal state court jury pool in Reno, Nevada. This year’s trial was a product liability case involving a young boy who allegedly suffered a traumatic brain injury that was caused by a defective roller coaster. The Trial Academy had enough jurors available that it was able to have the entire jury pool observe the trial, but then it split the jury pool into two separate juries for deliberations. The two juries deliberated in separate rooms while the students and instructors watched the deliberations on a video feed. One group of jurors rendered a verdict for the plaintiff and awarded $5 million in damages. The other group of jurors rendered a verdict for the defendant. It is shocking that two juries who heard the same facts and arguments presented by the same lawyers at the same time reached such wildly different verdicts. Although this was an unexpected outcome, it was a valuable lesson for both the students and the instructors. The same thing can happen in a real trial. Regardless of the skill of the lawyers and the justice of the cause, trial lawyers and their clients are ultimately at the mercy of their jury.  The Importance of Mediation This is why mediation is so important. A skilled mediator can help all parties see what could go wrong at trial and avoid the uncertainty of a jury verdict. Mediation allows the parties to bypass the uncertainty of trial and the unpredictable nature of juries. Mediation allows the parties to control the outcome of their case by reaching a settlement with the assistance of a skilled mediator. Save Time, Money and Relationships While mediation does not guarantee that an agreement will be reached, it does provide an excellent opportunity for parties to have honest discussions with a neutral mediator about the strengths and weaknesses of their case. This can save time, money and stress associated with trial. Mediation can also help to preserve relationships between people who will have to do business with each other in the future.  Avoid Lengthy Trials and High Legal Fees Mediation gives parties the chance to find a resolution that works for both sides and that takes less time  and money to achieve. By reaching an agreement through mediation, parties are able to minimize costly court fees, expert witness fees, attorneys fees, and the time associated with a lengthy trial and possibly an appeal.  MSB Law: Your Trusted Partner in Mediation Mediation is a great alternative to trial for resolving legal disputes. MSB Law provides highly experienced Overland Park and Kansas City mediation lawyers for many different types of claims and disputes. Rick Morefield heads the firm’s mediation services practice and regularly serves as a mediator in Overland Park, Kansas City and throughout Kansas and Missouri.  If you need a mediator, call us at (913) 839-2808 to get on Rick’s schedule!

Taking Action After a Wrongful Death: What Families Need to Know

For families that have suffered the loss of a loved one due to an accident or another’s negligence, the grief can be devastating. Unfortunately, this tragedy can be compounded by ongoing financial and emotional burdens. If your family has been affected by a wrongful death, you may have legal recourse available in the form of a wrongful death lawsuit. At Morefield Speicher Bachman, we understand that taking legal action may seem daunting, but we are here to get justice on behalf of those who have lost their loved ones. In this article, we will provide an overview of wrongful death lawsuits and what families need to know. Qualifying Factors for Wrongful Death Cases: Under the law, a wrongful death claim can be made for the death of a family member when the death was caused by another’s negligence or misconduct. In order to qualify for this type of lawsuit, families must prove that their loved one’s death was caused by the wrongful action or inaction of another party. Examples of cases that can qualify for wrongful death claims include car accidents, medical malpractice, product defects or dangerous products on the market and workplace negligence or mishandling of hazardous materials. When the death was caused by workplace negligence, the claim may need to be brought through the workers compensation system. Who is Liable in a Wrongful Death Case? Liability in these types of cases depends on many factors, but typically any party whose negligence caused the death of the deceased can be liable. This includes medical professionals who failed to provide adequate care to their patient, employers whose actions violated safety regulations leading to a workplace accident, drivers who were under the influence or negligent when operating a vehicle, and property owners who did not maintain safe conditions on their premises. Depending on state laws and individual circumstances, other entities may also be held accountable for wrongful deaths. Rights & Damages Claimable Under Law In cases of wrongful death, family members may be able to pursue damages for medical expenses incurred prior to death, loss of financial support from the deceased individual, emotional distress due to losing a loved one, funeral expenses and more. Additionally, punitive damages may be awarded in extreme cases where the wrongdoer’s conduct was reckless or intentional. As each case is unique and state laws vary when it comes to rights and remedies available after wrongful deaths occur, it is important to contact an experienced wrongful death attorney who can evaluate your situation and determine if you have grounds for filing a claim against those at fault. We regularly handle wrongful death claims in Kansas and Missouri. Contact Our Overland Park Wrongful Death Lawyers Today Determining responsibility for wrongdoings can be difficult without professional guidance – working with an attorney ensures that all steps taken during litigation are legally sound so you do not miss out on any potential benefits due under the law. If you have recently lost a loved one due to another’s mistakes or irresponsibility, do not hesitate to get help from one of our experienced wrongful death attorneys. Call us today at (913) 839-2808.