You’ve been in a car accident in Kansas and I have to tell you something extremely important. Contributory negligence is an ancient principal, still around in Kansas, that basically says that if you contributed to your accident you can be barred from recovery. Why is that important? It is important because a lot of times the person who is at fault, or their insurance company, will try to point the finger at you to avoid paying for your injuries.
I want to share with you an example of contributory negligence and how it can be used against you in Kansas. If you’re driving down the highway and someone turns in front of you and hits you, most people believe the person that hit you is at fault. However, the insurance company tries to say that you failed to stop fast enough, failed to react fast enough, you could have swerved into a ditch, etc....Why might this be an issue? That is the argument based upon contributory negligence. Why is that important to you? Because many times, if you have been hurt in an auto accident in Kansas, this defense is brought up and can be difficult to overcome.
You’re reading this because you have questions. Pick of the phone and call me and let me help answer those questions. I’m Attorney T. Morton call me today at 913.602.7288.
You were in a car accident in Kansas and went to the hospital. Now you may be wondering who is going to pay your hospital bills or, you may have gotten a notice of lien from the hospital. Here's how it works. When you went to the hospital, even if you presented it with your insurance information, the hospital can elect not to bill your insurance. Shocking as that may be, it is legal. Most of the time the hospital will simply bill your insurance company and you never hear anything else about a bill again. However, sometimes, it may elect not to bill your insurance and instead bill you directly. This occurs particularly in cases involving car accidents. The hospital may do this in an effort to collect a higher rate than the pre-negotiated rate it would otherwise bill your insurance company. For instance, you settle your Kansas car accident claim for $100,000 and you then get a hospital bill/lien notice for $10,000 but, if it had billed your insurance company it would only be able to collect $3,000. On the other hand, if you did not provide proof of insurance, you can be certain that a bill/lien will be coming. It happens. Do you just pay it? Do you have options? Shouldn't the person at-fault pay or your insurance company? You need an attorney to answer the many questions you may have when this happens to you. Pick up the phone and call us today 913.602.7288 we have the answers.
Our firm proudly supports the Kansas Bar Association. Check us out at www.ksbar.org.
We discussed the recent progress in legislation surrounding water parks and we have blogged about how the death of this young child impacted all of Kansas. The following has been recently released:
"The family of a ten-year-old boy who died on a ride at a popular waterpark has been awarded $20M. The young boy was riding the Verruckt ride at Schlitterbahn waterpark in Kansas City, Kansas when he died after suffering a fatal neck injury. The verdict is, “believed to be the largest settlement of its kind paid in a wrongful death case involving a minor in either Kansas or Missouri.” - Steve Vockrodt, Kansas City Star 05/04/2017
Should your child, or loved one, be injured or pass away because of the negligence of another, call Attorney T. Morton right away at 913.602.7288 or complete this FORM. We can work with you to resolve your claim for wrongful death.
A Note from the Director
In late 2018, the Kansas Department of Labor (KDOL) Workers Compensation Division plans to release a new Online System for Claims Administration Research and Regulation (OSCAR). After completing the DigiComp planning phase late last year, we selected CapTech Ventures, Inc. as the vendor to design and build OSCAR, a web-based application with an internal component for our employees and a self-service portal for our customers.
How will this project affect you? As an attorney, employer, insurance carrier, or individual, you will register as an OSCAR user to manage claims, schedule hearings, submit electronic forms, apply for self-insurance, and more.
We are looking forward to modernizing our workers compensation processes with this new tool and want to thank you for your patience and support throughout this transition. Please read on for more information about the project, and send any questions or input toOSCAR@dol.ks.gov.
Director of Kansas Workers’ Compensation
If you have had head trauma it is possible that you suffered a Traumatic Brain Injury (TBI). There are immediate labels attached to such an injury, such as "mild", by physicians, neurologists, psychotherapists, etc...Despite the label, the symptoms are oftentimes identical. A seemingly simple car crash, while traveling in Overland Park, can result in a drastic change in your entire life. The symptoms of a "mild" TBI include:
The "mild" TBI symptoms can be temporary but oftentimes are not and require ongoing medical/physical care. These symptoms drastically impact your day-to-day activities, work, social life, etc... If you suffered injury to your head, you need an experience attorney by your side. Call Attorney T. Morton today @ 913-602-7288 or complete this FORM.
Mylan's EpiPens and EpiPens Jr., used to treat allergic reactions to insect stings/bites, foods, drugs, and other allergens, are being recalled across the nation. The FDA reports that these "pens" may have a defective part. This defect may prevent the "pen" from activating and could cause injury, and even death of, those experiencing an allergic reaction. The following are being recalled:
The 0.15-mg EpiPen Jr auto-injectors affected by the U.S. recall are:
Should you or a loved one suffer injury, or death, because of the failure of these EpiPens, call our Kansas office today @ 913-602-7288 or complete this FORM. The consultation is free.
The National Academy of Personal Injury Attorneys has name Attorney T. Morton one of its highest awards - Kansas' Top Ten Under 40.
The NAOPIA, was established as a professional organization championing those who practice in the area of personal injury law. They equip highly-qualified Personal Injury attorneys with the most current continuing education opportunities and provide the public with the most accurate, up-to-date listings of top ranked attorneys in their state.
Congratulations Attorney T. Morton!
If you are injured, and would like to schedule your free consultation with a top rated attorney, call today at 913-602-7288 or complete this FORM.
Today officially marks the beginning of the 2017 Spring season. We have had many weather changes over the last few weeks and can expect that to continue, although it is technically Spring. Check back over the next few weeks for Spring safety tips and information. If your injured don't hesitate to call Attorney T. Morton at 913-602-7288 or complete this FORM.
Months ago we discussed the disturbing fact that Kansas had no true amusement park regulations. Lack of regulation had resulted in serious injury and the death of patrons. Since that time the HB 2389 amendment has been introduced. This bill seeks to address the many areas where current regulation is lacking.
What does this bill seek?
Does this mean no injuries/deaths with happen?
No. Should the amendment pass there will finally be amusement park regulation, in Kansas, that holds owners/operators to a standard currently non-existent. This doesn't mean injuries, or even death, will not occur. Rather, there will be a decreased likelihood of injury due to pre- and post-operation standards/inspection.
What should I do if I am hurt at an amusement park?
You should call Attorney T. Morton @ 913-602-7288 or complete this FORM, right away. There are a number of important steps you must take to preserve your claim. Our consultation is free.
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