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Personal Injury

Do I have Enough Auto Insurance?

If you’re like many people, there are probably three things you think about when it comes to auto insurance: 1) Do I have the state required minimum coverage? 2) Will I be able to recover the cost of my car? 3) How much is it going to cost me per month? Unfortunately, if you carry only the required minimum coverage you may not have enough insurance to cover your medical treatment, lost wages, and other damages that could result if you’re in a car, truck, or motorcycle crash. What most people don’t realize is that you can better protect yourself, your passengers, and other drivers on the road often at a cost of only a few more dollars a month. This leads to the question, “How much insurance do I really need?” To answer that question, we need to look at the purpose of auto insurance. Obviously, auto insurance protects other people from mistakes you make behind the wheel of your vehicle. But, auto insurance also protects you and your family. Auto insurance protects your assets in the event you are sued. If you have enough insurance to cover any damages you cause, the injured party will have no reason to go after your personal assets or garnish your wages or bank accounts. Auto insurance can also protect you in the event that you are injured by someone who either doesn’t have insurance or doesn’t have enough insurance. The following a brief description of some of the different types of auto insurance coverage available: Liability Coverage – Both Kansas and Missouri require drivers to carry $25,000/$50,000 bodily injury liability coverage. That coverage breaks down to $25,000 per person maximum, with a total recovery per accident (in the case of multiple injured parties) of $50,000.00. This helps pays the costs of injury damages suffered by another individual if you cause a car accident. If you have ever had the misfortune of spending time in a hospital, you know that $25,000.00 doesn’t go very far. This is why we generally recommend that people carry more than the minimum limits. Uninsured Motorist Coverage – Both Kansas and Missouri require drivers and vehicle owners to carry $25,000/$50,000 uninsured motorist coverage. As the name implies, this provides you with insurance coverage in the event you suffer injuries in an accident caused by the negligence of an uninsured driver. As mentioned above, $25,000.00 doesn’t go very far when there are serious injuries. We recommend people carry more than the minimum limits here as well. Under-insured Motorist Coverage – Kansas requires drivers and vehicle owners to carry under-insured vehicle coverage at the same level as the Uninsured Motorist Coverage. This coverage is optional in Missouri. This coverage is similar to uninsured motorist coverage, but it kicks in if you are injured by someone who has insurance, but their insurance is not sufficient to cover your losses. We recommend people carry under-insured motorist coverage to protect against other drivers who carry only low liability limits on their personal policy. PIP (Personal Injury Protection) – PIP insurance is required in Kansas, and provides minimal coverage for injuries, lost wages, and other damages you suffer in an automobile collision regardless of who is at fault for the accident. The minimum required for medical costs is $4,500, and $900 per month for 1 year for disability and loss of income. Missouri drivers and vehicle owners have a similar coverage available called Medical Payments Coverage, often referred to as MedPay. Unlike Kansas, this coverage is optional in Missouri. How can having or not having all of these coverage types affect you? Here are a few examples that will help illustrate the importance of adequate insurance coverage. Example #1 – John Doe is riding his motorcycle in Independence, MO when he is rear-ended by a car driven by Jane Smith. John suffers a broken arm, concussion, and a neck injury. As a result of the crash, John incurs economic damages (medical expenses including ambulance transport, emergency room treatment, inpatient hospital care, surgery, and physical therapy, and lost wages) in excess of $75,000.00. Jane Smith is a Missouri resident and carries liability insurance at the state minimum of $25,000.00. This amount does not begin to cover John’s economic damages and also does not provide any recovery for the pain and suffering John has, and will continue to endure. IF John carried under-insured motorist coverage in the amount of $100,000, his insurance would pick up where Jane Doe’s left off, meaning John could potentially recover $25,000 from Jane Doe’s liability policy, and $75,000 from his under-insured policy for a total recovery of $100,000. $100,000 may seem like a lot of money, but in John’s case this wouldn’t cover all of past and future damages. In this example, John probably needed $200,000.00 or more of underinsured motorist coverage to cover all of his losses. Unfortunately, John did not elect the optional under-insured motorist coverage and he either needs to hope that Jane Doe has a large bank account or he needs to count on the assistance of friends, family or the government to recover from his loss. Example #2 – John Doe lives in Overland Park, Kansas and runs a red light in Kansas City, Kansas causing a three car intersection collision that destroys all three cars and sends both of the other drivers to the hospital. If John has minimum limits, he will have two individuals trying to recover his insurance limits and then looking to John, his bank account and his other assets to pay the rest of the damages. If John has $500,000 in insurance coverage, his insurance company may be able to take care of all of the damages without John’s personal assets being exposed to attachment. When purchasing insurance, you should ask yourself the following questions: How much liability coverage do I need to protect others and to protect my assets in case I make a mistake and hurt someone while I am driving? How much uninsured/under-insured motorist coverage do

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Motorcycle Safety: Stay Shiny Side Up

I don’t know about you, but I’m itching for all this Kansas City rain to stop so I can start riding regularly again. The wind in my face. The open road. The sense of freedom and release. For those of us who ride motorcycles, there is little else that compares to the experience. Unfortunately, there are also many risks associated with cruising the open roads on our favorite 2-wheeler, that don’t exist within the confines of the standard automobile. If you have never suffered an injury while riding, here are some tips to keep you safe and shiny-side up. If you have recently been in a motorcycle accident, jump down and read about some specific information you need to be aware of when pursuing a recovery for your injuries and damages. Tips to stay safe and shiny-side up Always wear a helmet. The statistics overwhelmingly show that wearing a helmet not only can save your life, but can protect you from suffering other serious and crippling consequences like a traumatic brain injury. If you don’t like the feeling of “missing out on the wind and elements,” then buy a half-helmet or even a shorty. But whatever you choose, please just choose to protect your dome with a properly fitted and DOT-approved helmet. Keep close tabs on your tires’ air pressure. Motorcycles tires, unlike car tires, are specifically designed and engineered to flex and roll, especially on the edges and up into the side walls. This is what allows the bike to “lean” into turns while still maintaining the proper center of gravity to stay upright. While car tires can operate more or less OK when slightly over or under inflated because they maintain constant and full contact with the road surface, over or under inflated tires on your bike can cause the bike to either not flex enough to allow a bike to lean and turn sharply, or flex too much and thus lose all traction. So, check your air pressure at least weekly and keep it at the manufacturer recommended levels. Keep your gas tank full and your chain or belt properly lubed and maintained. A broken chain or belt can lead to catastrophic consequences. As for an empty gas tank, well, let’s just say we’ve all been the “I felt so cool riding and now feel like a loser walking” person at least once in our life. Let’s try to never go there again. Drive as though you’re invisible to others because, to most cars and trucks on the road, you are. If you always assume the worst can happen, you’ll be ready to have the best ride. Enough said. Issues you’ll face in an insurance claim or lawsuit for injuries from a motorcycle accident If you’ve been involved in a motorcycle accident, you’ve likely already faced one of our greatest fears as riders:  an unpleasant encounter with a car or truck. The National Highway Traffic Safety Administration reports that motorcyclists are far more likely to be killed or injured in a traffic accident than passenger car occupants. If you wonder why, see safety tip number 4 above. Unfortunately, in a large majority of cases the injured rider will have insult added to their injuries when they are blamed, at least in part if not in full, for the accident and for causing their own injuries, even when they weren’t at fault at all. As wrong as this may be, many people still cling to old stereotypes about motorcyclists living and riding recklessly. In addition, many defense attorneys representing the at-fault auto driver know about the bias against bikers, and will do all they can to exploit the stereotypes in front of jurors to try and sway the jurors to not be as sympathetic or generous to a motorcyclist as they would be to any other victim of an auto accident. Similarly, and equally deplorable, is the tendency of a jury to not value the loss of quality of life for a biker as high as they would for an auto driver. These are just a few of many reasons why obtaining a fair settlement or jury verdict for motorcycle accident victims can be more difficult, and why it is all the more important to hire a high quality personal injury attorney that has experience with motorcycles, not only as a rider but in representing riders in personal injury insurance claims and lawsuits. An experienced motorcycle injury attorney knows how to fight fire with facts. It’s imperative to gather as much documentation and information as possible, including photographs and diagrams of the accident scene, credible witness statements, thorough medical records, testimony from the victim’s friends and family members, and evidence of fact-based claims for non-medical damages such as lost wages, out of pocket expenses, and other economic damages for care, support and maintenance. The defendant’s attorney will challenge and try to downplay these facts, while subtly introducing lifestyle issues in order to minimize your compensation. But your attorney can overcome these draconian efforts if they are familiar with these tactics and understand how to effectively counter them throughout settlement discussions and even on to trial.

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Traumatic Brain Injuries: Why So Many Doctors?

Victims of traumatic brain injuries are sometimes frustrated or alarmed because they are sent to so many different medical specialists. While it can be annoying for the patient to see so many doctors, it is necessary because the brain is the most complex and important organ in the body – it is our “control center”. Because the brain affects and controls everything from our toes to our nose, a brain injury can affect virtually any part of the body. It is not uncommon for traumatic brain injury (TBI) patients to need treatment and evaluation from doctors whose specialty involves parts of the body that are seemingly unrelated to the brain injury. These other specialists can provide real benefits to the patient in terms of healing and returning to normal functioning. Listed below are some of the most common types of health professionals that may be involved in treating victims of traumatic brain injuries. This list is not intended to be exhaustive because other specialists may be required in specific cases. When the injuries are not as complex or profound, the TBI patient may receive treatment from only a few of the specialists identified below. Neurologist: Neurologists specialize in diagnosing and treating disorders of the nervous system including the brain and the spine. The neurologist will frequently be the lead doctor in organizing the treatment for the patient. Neuropsychologist: Neuropsychologists are psychologists who have completed special training in the neurobiological causes of brain disorders and who specialize in diagnosing and treating these illnesses by using a predominantly medical (as opposed to psychoanalytical) approach. Neurosurgeon: Neurosurgeons are doctors who have completed a five or six-year residency that focuses on the surgical treatment of patients with neurological conditions. Neurosurgeons may perform surgery on the brain or spine. Neuroradiologist: Neuroradiologists are doctors who specialize in the use of radioactive substances, x-rays and scanning devices to diagnose and treat diseases and conditions of the nervous system. A neuroradiologist may focus on clinical imaging, therapy, and the science of the central and peripheral nervous system, including the brain, spine, head and neck Psychologist: A psychologist studies the mind and emotions and how they affect behavior. In many traumatic brain injury cases, the victim will have issues with depression, anger or other emotional issues. These symptoms may be the result of organic changes in the brain or these symptoms may be reactions to the life changes that are a result of the injury. Speech Language Pathologist: Speech-language pathologists assess, diagnose, treat and help to prevent disorders related to speech, language, cognitive-communication, voice, swallowing and fluency. Speech-language pathologists work with people who cannot produce speech sounds; those with problems understanding and producing language; and those with cognitive communication impairments, such as attention, memory and problem solving disorders. They also work with people who have swallowing difficulties. TBI victims sometimes have difficulties with speech, language or sound. Occupational Therapist: Occupational therapists use assessment and treatment to develop, recover, or maintain the daily living and work skills of people with a physical, mental, or cognitive disorder. An occupational therapist can help a TBI victim recover the skills necessary to return to work or normal day-to-day activities. Physical Therapist: Physical therapists are health care professionals who can help patients reduce pain and improve or restore mobility. Often they focus on improving patient mobility and function without surgery or medication. Recreation Therapist: therapy based on engagement in recreational activities (as sports or music) especially to enhance the functioning, independence, and well-being of individuals affected with a disabling condition. Audiologist: Audiologist are trained to evaluate hearing loss and related disorders, including balance (vestibular) disorders and tinnitus (ringing in the ears) and to rehabilitate individuals with hearing loss and related disorders. Victims of traumatic brain injuries sometimes suffer from balance issues, sound sensitivity, or tinnitus. There are other specialists that may need to be consulted depending on the brain injury symptoms. Often, a neurologist will serve as the quarterback of the treatment team and can recommend other specialists to assist the brain injury victim. In lawsuits involving traumatic brain injuries, it is vitally important that the patient’s personal injury lawyer work closely with the appropriate medical experts to understand the full scope of the patient’s injuries and losses. Attorneys must take the time to fully understand and develop the information necessary to help a jury understand the breadth and depth of the patient’s injuries. Juries can miss the seriousness of traumatic brain injuries if they do not have the guidance from an experienced traumatic brain injury lawyer who can explain the significance of the patient’s internal injuries.

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Living With Traumatic Brain Injury

Injury victims who suffer a broken bone, a burn, or a serious wound deal with significant and obvious pain and limitations. Their friends and loved ones can see visible evidence of the injury, disability and pain. Serious concussions or mild traumatic brain injuries (TBI) are equally significant injuries, but with an important difference – traumatic brain injuries are not always immediately visible or obvious to anyone other than the person living with traumatic brain injury. Traumatic brain injury victims often suffer from the skepticism, doubt or lack of understanding of their friends, family members, co-workers, and even physicians. TBI victims can appear outwardly healthy while inwardly they suffer from pain, neurological disorders, light or sound sensitivity, balance issues, memory issues, cognitive difficulties and changes in emotions. When doctors use the term “minor traumatic brain injury”, they are referring to an injury that is not “minor” in the way that term is normally used. Victims of a minor traumatic brain injury often have significant disturbances in how their brain works. Early symptoms include headache, dizziness or vertigo, lack of awareness of surroundings, nausea, memory dysfunction, and/or vomiting. Later symptoms may include irritability and a low tolerance for frustration, persistent low-grade headaches, poor attention, inability to concentrate, lightheadedness, anxiety or depressed mood, ringing in the years or tinnitus, light sensitivity, sound sensitivity, difficulty focusing vision, short term memory loss, and excessive fatigue. Victims often have learning difficulties and communication difficulties. Recovery from a mild traumatic brain injury is a slow process. Often, even the doctors cannot determine how completely a patient will recover until 18 to 24 months after the injury. Moreover, recovery from a mild traumatic brain injury is not a steady, consistent process. Victims will have good days and bad days. This is a normal part of the recovery process. Victims of a mild traumatic brain injury will almost always require more rest. Over-stimulating the brain, getting back to work too quickly, or too much motion or activity may delay the healing process. Certain medications and drugs can negatively affect a traumatic brain injury victim or may delay the healing process. Even drugs such as alcohol, caffeine or nicotine can affect the patient differently after a traumatic brain injury. If you or a family member is living with traumatic brain injury suffered as a result of the wrongdoing or carelessness of another, you should consider whether you need the assistance of a lawyer. If you need legal assistance, we are glad to help. Our firm has worked with many brain injury victims and understands the unique difficulties of these cases. We understand the difficulties our clients face and hope to help guide them through the process while focusing on making sure they get the medical care and treatment they need.

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