SAFETY TIP #1 - Don't drink and drive. It goes without saying that the number one cause of car accidents, during the holidays, is intoxicated drivers. Plan ahead so that you and others on the road are safe.
SAFETY TIP #2 - Watch your drink. If you are out having drink this New Year's Eve, make sure you keep an eye on your drink. Having a psychoactive drug or incapacitating agent put into your drink is a very, disturbing but, real possibility.
SAFETY TIP #3 - Dress Appropriately. The Kansas weather is expected to dip as low as 30 degrees, in some areas. Having a jacket, shoes (that keep your feet warm and are comfortable) and other protective clothing items likely will help you have a safer and more enjoyable evening.
SAFETY TIP #4 - Avoid using fireworks and firecrackers, unless each is permitted in your area (click HERE for links to your city's rules and regulations). Additionally, never use sparklers indoors.
SAFETY TIP #5 - Don't leave children unattended. You may want to have some adult-age fun and, understandably so. Arrange childcare for your young ones. If they will be with you, remain aware of their whereabouts, and actions, at all times.
SAFETY TIP #6 - Prevent slip and fall injuries. Many of you will have guests at your home to bring in the new year. Be certain that your walkways, entrances/exits and, all other areas your guest will be in, of your home are free of debris and objects that could cause a slip, trip or fall injury.
SAFETY TIP #7 - Pop champagne safely. When opening champagne bottles make sure to point the bottle and cork away from your eyes and face. Point the bottle away from those gathered too.
Injury free is always the goal but, not always possible. Call Attorney T. Morton if you suffer an injury this New Year's Eve or any other time of the year, right away @ 913.602.7288 or complete this FORM.
Happy Holidays to you and yours! If you need personal injury or Worker's Compensation assistance, even during the holidays, don't hesitate to call Attorney T. Morton @ 913.602.7288 or email firstname.lastname@example.org.
Before Santa slips presents under your Christmas tree, make sure he's not bringing danger into your home. Just last year (2015), an estimated 254,200 children were treated, in hospital emergency rooms, for toy-related injuries and, eleven deaths were reported. In an effort to protect your children, W.A.T.C.H. (World Against Toys Causing Harm) has created a 2016 "10 Worst Toys List", as follows (not listed in any particular order):
These toys made the naughty list for good reason. We would suggest not giving any of these to your children. We hope that you and your family will have an injury-free, enjoyable holiday. If your child does suffer injury because of a toy, don't hesitate to call Attorney T. Morton @ 913.602.7288 or complete this FORM.
Kansas victims, who slip and fall, are oftentimes unsure who should be, if anybody, responsible for their injury. In fact, frequently they say nothing, even when their injury resulted in medical costs, lost time at work, pain and physical harm. We understand that some think it’s their fault or, no big deal. We caution you against this mindset.
Slip, trip and fall accidents fall under negligence laws. Commercial and personal property owners (and/or those in possession of the property), in Kansas, owe you a "duty of care" under the law. For that reason, most carry premises liability insurance. That means they are insured in case their home, shop, store, land, etc... is not free of dangerous conditions and causes you harm. The "duty of care" requirement applies to inside and outside of the property alike, and is highest where commercial property is involved.
Premises accidents can be caused by many things, such as:
When you are on the property of another, you too have a duty - the duty of reasonable care. Under Kansas law, you are expected to make a reasonable effort to maintain your safety and avoid injury. If any of your actions contribute to your injury, you too may have been negligent and possibly may not recover. Some ways you can avoid contributory negligence are:
In Kansas, in order for you to receive compensation for your injury, your attorney will need to prove that you were caused harm because of the negligence of another. This can be difficult but, not impossible to prove. To prove negligence, in these instances, one of the following must be true:
Under the statute of limitations in Kansas, you typically have only two years to bring your claim. This starts from the date of your injury, in most instances, unless your injury occurred on government property. If you miss this deadline it is unlikely that your claim will be permitted.
What might you be entitled to?
While some injuries, in these cases are minor, others can be serious and even catastrophic. According to the Center for Disease Control, slip and fall accidents causes 35.2% of all TBI, across the country, each year. Further, 46% of all spinal cord injuries are caused by this type of accident too.
If you suffered injury, on someone else’s property, due to their negligence, you may be entitled to some, or all, of the following:
Premises liability can be complex and difficult to prove. You need an experienced attorney by your side. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM. We are here to protect your interests in a slip, trip or fall claim, and get you what you deserve.
Conair is recalling millions of Cuisinart Food Processor units. These units have been sold at department, gourmet and specialty stores across the nation (to include in Kansas), since 1996. According to information reported by the United States Consumer Product Safety Commission, "The food processor’s riveted blade can crack over time and small metal pieces of the blade can break off into the processed food. This poses a laceration hazard to consumers." Conair reports being notified of about 69 customers who reported broken pieces found in processed food. 30 customers reported mouth lacerations or tooth injuries.
Conair insists that consumers cease use of the processors and, that you contact it for a replacement blade. But what if you are already injured? You may be entitled to many of the following:
*Economic Damages - Generally speaking, economic damages include almost everything that can be replaced with a checkbook. This category of damages is very broad and will vary from case to case.
*Noneconomic Damages - Noneconomic damages are those losses which cannot be quantified in a dollar amount. The most prominent examples are pain and suffering, mental anguish, inconvenience, physical impairment or disability, disfigurement, and loss of enjoyment of life. The importance of categorizing damages as economic or noneconomic lies in the fact that noneconomic damages are sometimes capped under state law.
*Punitive Damages - Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
If you suffer injury from your Cusinart, or any other product, we are here to handle your product defect case. Call Attorney T. Morton today @ 913-602- 7288 or complete this FORM.
Many Kansas City accident victims, when they don't see an injury, believe that they are not hurt. Sometimes that is not the case. Delayed (a.k.a hidden) injuries may not be immediately apparent but, can be just as painful and life-altering as any other injury. KTAR News published the following information, and we would like to share it with you:
Headaches that develop several days after a vehicle accident are common. Sometimes they can signal a potentially serious problem, such as, a blood clot on the brain, injury to the neck or head or even a serious concussion.
2. Neck or shoulder pain or stiffness
Whiplash is the classic delayed symptom injury associated with accidents.
“Most cases of whiplash injury occur as the result of rear-end vehicle collisions at speeds of less than 14 miles per hour,” according to patientinfo.com.
Whiplash injuries can be serious and may require x-rays, CT scans or MRIs for proper diagnosis.
3. Back pain
Back pain that appears after an accident could be caused by injury to the muscles, ligaments or nerves in the back or even by damage to the vertebrae.
“Low back pain is found in more than half of rear impact-collisions in which injury was reported, and almost three-quarters of all side-impact crashes,” reports the Back & Neck Pain Center.
4. Abdominal pain or swelling
These signs could indicate internal bleeding. Other symptoms include large areas of deep purple bruising, dizziness and fainting. Internal bleeding can remain undiscovered for hours or days. It can be a life-threatening condition that needs to be diagnosed and treated by trained emergency medical personnel.
Loss of feeling in arms and hands is another indication of whiplash injury (also called whiplash associated disorder). The loss of feeling results from damage to the neck or spinal column. Modernmedicine.com notes about 20 percent of people involved in rear-end vehicle accidents develop some symptoms of whiplash.
6. Changes in personality or physical function
These could signal traumatic brain injury resulting from a concussion. Signs include impaired thinking or memory, movement, problems with vision or hearing, or personality changes or depression. The Centers for Disease Control and Prevention reports motor vehicle crashes are the third overall leading cause of traumatic brain injuries. Vehicle accidents are the second leading cause of death from traumatic brain injuries.
Post Traumatic Stress Disorder is common after a vehicle accident. PTSD victims often have vivid and disturbing memories of the event and nightmares. Sometimes victims feel as if the accident is recurring or have flashbacks. Children are especially susceptible.
We suggest that immediately following, any accident, that you accept/seek medical attention. Contact Attorney T. Morton right away if you find that you have a delayed/hidden injury or you are unsure about the extent of your injuries @ 913.602.7288 or complete this FORM.
We frequently receive calls where, the Kansas City, injured party is unsure whether their claim is a personal injury or a workers' compensation claim. Here's the difference:
Workers' Compensation Claim - A workers' compensation claim is when you, working as an employee, are injured, disabled or, suffer a wrongful death in connection with work (ex. While working for Wal-Mart, a cashier is struck by a box, that was improperly stacked by another employee, and as a result suffers serious head injury). In sum, if you are doing the business of your employer, and while doing so, you are injured, you have a workers'
compensation claim. You would then file a claim with Kansas Work Comp., to request payments for missed time at work, medical expenses, damages, etc...
Personal Injury Claim - A personal injury claim arises when there is physical injury, to your body, caused by the negligence of another (ex. While crossing the street, in the crosswalk, you are hit by a speeding car, causing you injury). If it happened while you were leading your personal life, it is probably not a workers' compensation claim, it is likely a personal injury claim. Typically, compensation for personal injury is sought from an insurance company.
But wait! Is it possible to have both a work-comp and personal injury claim? Yes. (ex. While delivering a package for the company you work for, you are sitting at a red light and then rear-ended by another driver. This accident caused you injury to your head and back. You then would have a workers' compensation claim (because you were doing your employer's business) and a personal injury claim (because you would be entitled to seek compensation from the negligent driver's insurance company)).
Kansas City, because it is in both Kansas and Missouri, oftentimes gives you a unique opportunity to file in either/both Kansas and/or Missouri (ex. Your company is located in Missouri, and you live in Missouri, and while doing the company's work you are physically injured by a speeding driver in Kansas).
The laws surrounding workers' compensation, personal injury claims and the jurisdiction of the Kansas City courts are complex. Be certain that the insurance company, and frequently your employer, are not working for you and want to pay you the least amount possible. Statistics show that those who file these claims without an attorney receive 50% less than those who do.
The insurance company and your employer will have lawyers working for them. You should too. Call Attorney T. Morton before you do, or say anything, at 913.602.7288 or complete this FORM. We will fight for what is fair for you!
The season is changing but, your need to protect yourself from breaking a bone is not. Are you going to be in Kansas City, or traveling, and planning on going skiing, snowboarding, ice skating, etc...in the near future? Us too! When you do, we would like to offer tips for preventing broken bones and, just in case, how to care for a broken bone injury.
BONE INJURY PREVENTION
BROKEN BONE CARE
Should a broken bone happen Medline Plus offers the following steps for care:
Check Blood Circulation
Check the person's blood circulation. Press firmly over the skin beyond the fracture site. (For example, if the fracture is in the leg, press the foot). It should blanch white and then "pink up" in about two seconds. Signs that circulation is inadequate include pale or blue skin, numbness or tingling, and loss of pulse.
If circulation is poor and trained personnel are NOT quickly available, try to realign the limb into a normal resting position. This will reduce swelling, pain, and damage to the tissue from lack of blood.
Place a dry, clean cloth over the wound to dress it. If the bleeding continues, apply direct pressure to the site of bleeding. DO NOT apply a tourniquet to the extremity to stop bleeding unless it is life-threating.
It is possible, and important, to avoid back injury in the workplace. We want to help you do that. Below are some things you can do to keep a healthy, injury free, back.
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