Personal Injury

What Kind of Damages Can I Get in a Wrongful Death Case?

March 19, 2019 No Comments

Losing a family member is one of life’s most difficult experiences. If the death was caused by the misconduct or negligence of another, it is even more shocking. If you have experienced the loss of a loved one, you are likely reeling from grief, confusion, and disbelief. If this weren’t enough, you may be experiencing serious financial losses as the result of losing your family member. It is important to be aware that if your loved one’s death was caused by recklessness or negligence, you may be able to seek compensation for your loss. You could be entitled to reimbursement of medical expenses, mental and physical pain and suffering, lost wages and more. It is important to speak with experienced legal counsel to ensure that your rights are protected. What is a Wrongful Death Lawsuit? If a person dies due to the negligence or misconduct of another, survivors can seek damages for their family member’s death. While every jurisdiction varies, a wrongful death lawsuit is usually brought by the spouse or family member of the deceased. It can also be brought by a representative of the deceased’s estate. What Kind of Damages are Possible? The purpose of damages in a wrongful death action is to compensate the deceased’s family for their economic and emotional loss caused by the death of their loved one. The amount and type of damages you could receive will depend on the jurisdiction involved and the circumstances of your case. In order to determine the amount of damages, the court will consider: The age of the victim The state of their health when they died The victim’s earning capacity Their income at the time of death The victim’s profession, education, and training The age and circumstances of any dependents The amount of medical expenses incurred Value of any lost benefits Burial expenses Every state has its own unique laws that will determine what type of damages may be available and whether there are any caps on the amounts awarded. There are differences between the wrongful death statutes in Kansas and Missouri for instance. Economic Damages Damages in a wrongful death action are broken down into two categories, economic or non-economic. What is considered economic or non-economic damages varies by jurisdiction. Economic damages include things that are quantifiable, such as medical expenses, funeral expenses, and loss of income. Generally, there are no caps on the amount of economic damages that can be awarded in Kansas or Missouri. There is, however, an exception to this in Missouri. If the damages arise out of a medical negligence claim, there is a cap of $700,000. Non-Economic Damages Non-economic damages include things that aren’t easy to put a price on, such as loss of comfort, care, and companionship, loss of parental care, guidance and education, or loss of marital care for instance. The non-economic damages that can be awarded vary between jurisdictions and have changed over time. In Kansas, there is currently a cap for non-economic damages of $325,000. There is no cap for these types of damages for Missouri. Punitive Damages Punitive damages can sometimes be awarded as well. These types of damages are appropriate where the acts of the defendant are considered particularly reckless or egregious. Whether these damages are available also varies by jurisdiction. In Missouri for instance, statutes provide for punitive damages where aggravating circumstances are present. Kansas, on the other hand, does not have a statute specifically addressing this. However, they may be permissible under common law. We’re here to help If you have lost a loved due to the negligent actions of another, come speak to us. The laws surrounding wrongful death are complex and it is important to seek the advice of experienced legal counsel. We understand the grief and stress that you are experiencing and are here to help. We can assess the circumstances of your case and determine whether a wrongful death action is in your best interests. Call us today at 913-839-2808.

Can a Minor Car Crash Cause A Major Personal Injury?

January 18, 2019 No Comments

Major Personal Injury in Minor Car Crash? Car crashes account for an astounding number of major personal injuries every year. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 6 million auto accidents occur annually in the U.S. While not all of these accidents result in injuries, many do. We all know the types of injuries that can be caused by a car crash, including things like lacerations, bruises and broken bones. There are, however, many major personal injuries that can occur that are not readily apparent and can be difficult to detect. These injuries may not be obvious at the time of the crash, however as days or even weeks go by, symptoms can arise. If you or a loved one has been in a car crash, it is important to be aware of any symptoms you have and take them seriously. And, even if you “feel fine,” it’s important to get checked out by a physician. Here are several serious injuries that may not be apparent at the time of the car crash but may show up in the days or weeks that follow. Whiplash Injuries One of the more common injuries that can occur is whiplash. This injury occurs when the head or neck of a driver or passenger is jolted forward and backward. This motion can cause serious injury to the muscles and ligaments of the neck. It is important to note that the crash doesn’t have to be severe to cause this type of injury. Herniated Disc or Back Injuries A herniated disc is an injury that can be caused by a car crash, where the force of the collision causes a spinal disc to be moved out of place, distorted or ruptured. This can cause inflammation and pain from pressure on the nerves. In some cases, victims may experience extreme pain, muscle weakness and numbness, tingling or shooting pain in their extremities. While this and other back injuries may not be apparent at the time of the accident, they often require medical treatment and possibly surgery. Traumatic Brain Injuries A concussion or serious head injury can be caused by the victim’s head hitting the steering wheel or window or can even occur if the head was whipped back and forth or side to side during the wreck. A traumatic brain injury can cause many symptoms which may not arise at the time of the car crash but can develop over time. These symptoms include confusion, headaches, blurred vision, balance and coordination problems, sensitivity to noise and light, nausea and vomiting. The important thing to be aware of here is that the signs of a traumatic brain injury may not be obvious at the time of the car wreck. Prompt medical treatment is important as soon as the victim is aware of symptoms of this type. Knee Injuries Knee injuries are not uncommon after a car crash. These injuries can occur when the driver’s knee hits the dashboard, or even when the driver abruptly slams on the brakes to avoid a collision. There are many different knee injuries that can occur such as a cartilage tear, knee fracture, or ACL tear. Symptoms from a knee injury can be delayed and may increase as inflammation develops. The major personal injuries listed above are just a few of the types of injuries that you or a loved one may sustain if you are involved in a car accident. Our team of experienced personal injury lawyers are well versed in how to work with insurance companies, or if required go to court to help you receive the benefits that you will need to recover.

What to Do if You Have Been Injured by a Defective Product

December 6, 2018 No Comments

According to the U.S. Consumer Product Safety Commission (CPSC), defective products injure millions of Americans every year, and kill thousands of others. We use dozens of different consumer products each day. Nearly any product we encounter could be dangerous if it is defective. Defective products can range from children’s toys, to medical devices, to automobiles, and much more. If you or a family member has been injured due to a defective product, it is important to know that you may be able to recover your lost income, medical expenses and other damages. Governmental agencies such as the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA) and the National Highway Traffic Safety Administration (NHTSA), work to monitor consumer products and ensure they are safe. Thousands of products are recalled every year when a product defect is suspected. What is Product Liability? Product liability refers to holding a manufacturer or seller liable for placing a defective product in the hands of a consumer. The liability for this can lie with the manufacturer or a seller that is involved in the chain of distribution. This includes: The manufacturer of the product. The manufacturer of the component parts. The wholesaler. The retailer. The law requires that products not be unreasonably and unexpectedly dangerous to the consumer. When someone is injured by a defective product, liability is usually based on the legal theories of negligence, strict liability or breach of warranty. Types of Defective Products Just about any consumer product can be considered dangerous if it is faulty. Products that are commonly involved in a defective product claim include: Defective medical products. Dangerous medications. Tainted food or beverages. Defective motor vehicles or component parts. Faulty home appliances or furnishings. Unsafe toys or children’s products. Toxic cleaning agents, gardening supplies. How is a Product Defective? In order to make a defective product claim, we will need to prove that the product was defective due to: A manufacturing defect: This would include production flaws or product contamination for example. A design defect: The design of the product may make it inherently dangerous. Failure to warn: This means there was inadequate warning about the product’s risks, inaccurate instructions, or misleading marketing. How Do You Prove a Defective Product Claim? In order to prove a product liability claim, key elements must be present which include: The product was used for the purpose it was intended; The use of the product caused injury or monetary loss; The product was defective because of a failure to warn, design or manufacturing defect; and The product defect directly contributed the victim’s injury. If you or a loved one has been injured by a defective product, it is important to take prompt action to ensure that your rights are protected. It is important that you keep the product that has caused the injury, if possible. This would include any packaging, and documentation associated with the product such as receipts, extended warranties and maintenance documentation. Please contact our office. We are here to help. The sooner we get involved the better. We can ensure that important evidence is preserved, and your rights are protected.

The Dangers of Drowsy Driving in the Trucking Industry

November 14, 2018 No Comments

Driving and fatigue are a dangerous combination. But when it comes to drivers of big rigs, the problem is even more serious. Commercial trucks weigh up to 80,000 pounds. Because of their sheer size and weight, they are difficult to control. Stopping a truck or making a sudden maneuver requires more time and distance than with a passenger vehicle. A fatigued driver operating a truck spells increased danger to all drivers on the road. Drowsy driving is responsible for up to 100,000 vehicle wrecks annually. In terms of big rig wrecks, the National Transportation Safety Board reports that 30-40% of all commercial wrecks are caused by driver fatigue. When there is a fatality collision between a big rig and passenger vehicle, 98% of the time the fatality will occur in the passenger vehicle. To combat the issue of driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) created Hours in Service rules. These rules apply to all commercial vehicles that meet certain weight and carriage specifications. Just a few of these new rules include: All drivers are required to have 30-minute rest breaks for every 8 hours of driving. Drivers are allowed an 14-hour work day, with a daily limit of 11 hours behind the wheel. The maximum average work week for a truck driver is now 70 hours, instead of 82. Truck drivers are under pressure to meet pick-up and delivery deadlines and stay on schedule. They often work very long hours on monotonous roadways. To make matters worse, unscrupulous trucking companies may even encourage this behavior, and turn a blind eye to incorrect driving logs. In an effort to meet tight deadlines, some truck drivers will use over the counter stimulants and prescription drugs, as well as illegal drugs to stay awake. This of course, only makes matters worse. Rather than relieving fatigue, stimulants will often make matters worse. Driver fatigue of course, isn’t the only cause of truck wrecks. These events can also caused by bad weather, traffic problems, unsafe roads and mechanical failures. Federal regulations attempt to address these issues. These regulations involve enforcing proper truck maintenance, safe vehicle operation, drug and alcohol testing, route testing and much more. Truck drivers and the companies that employ them are always required to comply with state and federal regulations. The Institute of Highway Safety has found however, that long distance truck drivers often break these rules. In one study, 33% of truck drivers interviewed admitted to routinely violating these rules. Driving in an exhausted state could be negligent. Drowsy driving causes truck wrecks and presents a danger to anyone on the road. If you or a loved one has been injured in a trucking wreck, it is important to come speak with us. If the wreck was caused by the negligence of another, you could be entitled to compensation for your injuries including lost wages, reimbursement of medical costs and pain and suffering.

What to Do If Someone Has a Spinal Cord Injury

November 12, 2018 No Comments

In a split second, a spinal cord injury can change someone’s life forever. It is estimated that 17,500 spinal cord injuries occur every year. Currently, there are approximately 450,000 people living with spinal cord injuries in the U.S. A spinal cord injury is caused by trauma to the spinal cord, which is often the result of a traumatic injury such as a car accident or construction accident. There is little doubt that these injuries are devastating for both the victim and their family and can cause a lifetime of ongoing physical therapy and medical care. What is a Spinal Cord Injury? A spinal cord injury is a result of damage to the spinal cord, which includes a bundle of nerves that is encased in the spinal column. Injury to the spinal cord can cause partial or complete loss of motor control and sensation for the victim. Depending on the location of the injury, it can cause loss of function in the lower part of the body, which is called paraplegia, or paralysis in all four limbs which is called quadriplegia. The actual damage to the spinal cord can occur due to a broken vertebra, a foreign object entering the spinal column, or due to the spine being compressed or stretched. These injuries can also happen if the head or back is jarred or twisted, where fluid can build up and press into the nerves of the spinal column. According to the National Spinal Cord Injury Statistical Center, common causes of spinal cord injuries include: Car wrecks 42.1% Falls 36.7% Acts of violence 15.1% Sporting and recreational activities 7.6% Identifying a Spinal Cord Injury Unfortunately, these injuries can be difficult to identify and may not be apparent at the time of the injury. To make matters worse, often people aren’t sure how to help someone who may have received this type of injury. There are symptoms or red flags, that can alert someone that a spinal injury may have occurred. It is important to take note if the victim complains about pain in their back or neck, if their neck or back is twisted unnaturally, or the victim has a head injury and loss of consciousness. Also, be aware of of the following symptoms: Extreme pain or pressure in the neck or back. Trouble breathing. Inability to move extremities, problems with coordination or balance, muscle weakness. Reduced or no sensation in extremities. Loss of urinary or bowel control. What Should You Do? Seek immediate help and call 911. Notify the operator that the victim may have a spinal cord injury. Keep the victim still and calm. Any movement can cause further damage to the victim. Brace their head or use your hands to hold the victim’s head steady until help arrives. If they are wearing a helmet, do not remove it. Do not try to move the victim. Address life-threatening injuries first. If the victim has other serious injuries, place pressure on any wound that is bleeding, but take care to keep the victim’s neck and body aligned. We understand that spinal cord injuries are devastating to the victim and their families. If you or a loved one has suffered a serious back or spinal cord injury, please contact us. We can help you sort through the circumstances of your case and help create an action plan moving forward.

Winter Holidays Bring Increased Driving Danger

November 9, 2018 No Comments

The winter holidays are right around the corner! From Thanksgiving through New Year’s, we all look forward to enjoying the holiday hustle and bustle, spending more time with friends and family and attending holiday parties. Amidst all these festivities, however, there is a dark side. During the holidays there is a marked increase in alcohol-related car wrecks. The statistics speak for themselves. Drunk driving is responsible for 40% of car collision deaths over the holiday season. According to the National Highway Traffic Safety Administration (NHTSA) on average, there are 36 fatalities per day from alcohol-related car wrecks. During the three-day Christmas holiday, however, there is an average of 45 per day and 54 per day over the New Year’s holiday. Experts contend that this spike in wrecks is due to several factors. During the holidays, there is both an increase in holiday travel and an increase in the consumption of alcohol. It is estimated that during Thanksgiving there are an estimated 43.5 million people on the road, and between Christmas and New Year’s Day, there are 103 million people on the road. Let’s face it, it is a festive time of year. People are traveling to see their families and friends and attending parties and other holiday events. Interestingly, 51% of drunk drivers said that they drank more during the holiday season than they did the rest of the year. So, the potential danger is there. Here are a few tips to keep you and your family safe during the holidays: Plan Ahead Being mindful of the potential danger of drinking and driving is half the battle. It is important to put a plan in place ahead of time, so you don’t catch yourself on the road having had one too many. Choose a Designated Driver This is not a new idea, but it is an effective one. If alcohol will be served at an event, make an agreement ahead of time to act as the designated driver and not drink or find someone else who will do so. In the alternative, bring extra money for a cab, or be sure you have your Uber account ready to use. Hosting a Party If you are hosting a party, it is important that you are sensitive to this issue. Be sure to serve plenty of food and offer non-alcoholic alternatives. Take your guests keys at the door or arrange for their transportation home. Don’t Add to the Problem on the Road There are other strategies that you can use to stay safe during holiday driving. It can be a good idea to leave a party early and avoid being out on the road late at night. Drunk driving accidents tend to happen later in the evening, where people have been drinking for many hours. Keep a Safe Distance If you are driving and notice a car driving erratically, slowing down and speeding up, or swerving in between lanes, assume they may have been drinking. Put a safe distance between you and the other car and call 911 to report them. Prepare to give the operator your location and if possible the other car’s driver’s license number. Holidays are a fun and festive time. Keep these tips in mind to keep you and your family safe. If a wreck should occur, call us as soon as possible. We are here to help.

Personal Injury

What Kind of Damages Can I Get in a Wrongful Death Case?

Can a Minor Car Crash Cause A Major Personal Injury?

What to Do if You Have Been Injured by a Defective Product

The Dangers of Drowsy Driving in the Trucking Industry

What to Do If Someone Has a Spinal Cord Injury

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