 Two pedestrians were struck by a truck on Sunday, in Kansas. They are only known to have suffered minimal injury. Nonetheless it is very possible that this accident could have been avoided. Here a few quick tips for avoiding a similar incident:
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 Medical malpractice is a hard claim to prove but, it is very possible with the right attorney on your side. As is the case for John Beemer's family. Beemer's claim was against the Kansas City VA Medical Center for his death, caused by a severe reaction to the antibiotic Ceftriaxone. There were likely a number of possible causes of action - negligence, medical malpractice and/or wrongful death. Here are some of the damages likely sought:
Actual Damages Actual damages seek to reimburse you for prior financial losses. There is no cap on the amount you can receive for actual (a.k.a economic) damages. Some of the damages Beemer's family likely asked for were:
General Damages The family likely sought general damages too. Kansas law, depending on the date of injury, caps the amount you receive for non-economic damages (ex. disfigurement, pain and suffering, etc...) between $250,000 - $350,000. This cap may not apply where a wrongful death occurred or for economic loss (ex. loss of future earning). General damages include the things that can’t be precisely documented in dollars spent, including:
Our condolences go out to the family who lost their loved one. No amount of money will make up for the loss of a loved one. If you, or your loved one, has experienced injury or death, because of the negligence of another, contact us today at 913.602.7288 or complete this FORM. These cases are complex, can be put in front of a panel (where experts must testify for/against your claim) before it advances to hearing and, are usually handled by the at fault party's lawyer. It's best to have a lawyer fighting for what you deserve. We have recovered tens-of-thousands of dollars for clients just like you.  Today is April 20th (420) and many people consider this date a cause to use marijuana. With that, likely, will come drinking alcohol. We caution you to be especially diligent in your driving, anywhere and anytime in Kansas, today. Driver's under the influence are dangerous.
Auto Collision Facts
 We want you to have the safest ride possible, on the Kansas roadways. For that reason, below you will find the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) annual list of the safest vehicles available for American buyers.
2018 TOYOTA CAMRY The highest-selling vehicle in America, the Toyota Camry, received a complete design overhaul for 2018 and scored the highest on the IIHS rankings with a rating of 9.2 out of 10. The newest Camry model includes numerous safety features and driver assistance technologies such as automatic emergency braking, lane assistance, and adaptive cruise control. In addition to these safety features, the 2018 Camry also boasts a new exterior look and a more powerful and more efficient engine. 2018 MERCEDES-BENZ E-CLASS Mercedes-Benz has always been a leader of the luxury car industry, and the latest E-Class models also receive top scores for safety. The IIHS ranks the latest E-Class model at 8.9 out of 10 for safety. Additionally, the NHTSA awarded this model a full five stars during crash testing. While the new E-Class has adaptive cruise control, lane-keeping assistance, and automatic emergency braking, the new Mercedes-Benz also boasts several more high-tech safety features. The new E-Class includes an Evasive Steering Assist feature that helps a driver make tight maneuvers to avoid pedestrians and other sudden hazards. The E-Class also includes a new Pre-Safe Sound feature that protects drivers’ hearing from the noise of a collision by emitting a low frequency that prepares a vehicle’s occupants’ ears for the sound of an imminent crash. 2018 BMW 5-SERIES The “ultimate driving machine” manufacturer BMW includes an array of state-of-the-art safety features in this year’s models, earning it a rating of 8.8 out of 10 in safety from the IIHS. The 5-Series includes several midsize luxury models with the new BMW Active Protection System. When the vehicle detects an imminent collision, the car will automatically close the windows and sunroofs, tighten the seatbelts, and apply the brakes to prevent secondary collisions. The new 5-Series also includes a cutting-edge adaptive LED headlight system that swivels the car’s headlight beams in the direction the driver turns, helping to illuminate a curved path of travel. 2018 GENESIS G80 AND G90 Both Genesis 2018 models appear on the top of the IIHS’s safety rankings this year. The G80 and G90 both received scores of 8.8 out of 10 thanks to their multiple advanced safety features. Both models include lane-keeping assistance, pedestrian detection, automatic emergency braking, blind spot monitoring, and adaptive LED headlight options. The more expensive G90 model also includes a 360-degree camera system, driver alertness monitoring system, and a heads-up display. 2018 KIA SOULThe new Kia Soul is the most affordable of the top-ranked vehicles for safety on the IIHS and NHTSA lists, with an MSRP of only $16,100 and an IIHS safety rating of 8.8 out of 10. The new 2018 Kia Soul comes with an optional rearview camera, forward collision warning technology, lane-keeping assistance, blind spot monitoring, and a rear cross-traffic alert system. This fuel-efficient compact SUV also received a five-star rating from the NHTSA for crash test performance. 2018 SUBARU OUTBACK The Subaru Outback has been one of the most popular wagon-style vehicles in America for years. The 2018 model boasts some of the highest safety ratings available and received an IIHS score of 8.5 out of 10. Every Outback features all-wheel drive, and buyers can select the optional EyeSight safety tech suite on every version of the 2018 Outback, except the base model. These are just a few of the highest-rated 2018 models for safety. We hope this list will help you and your loved ones be the safest possible on the roads. Should you get in an accident, in Kansas, call us today 913.602.7288 or complete this FORM. We have recovered tens-of-thousands of dollars for clients just like you.  Recently, 7000 Kansas farmers were awarded $218 million in a lawsuit against Syngenta. Syngenta, a Swiss company was selling modified seeds that had not been approved in China. As a result, the Chinese refused millions of tons of corn and caused the farmers financial loss. Syngenta's actions were deemed negligent; nonetheless, the company made billions of dollars from the sell of the seeds. The damages were compensatory and, no punitive damages were awarded. It was said that the damages to the Kansas farmers was catastrophic.
Negligence Defined Negligent torts are not deliberate actions, but instead present when an individual or entity fails to act as a reasonable person to someone whom he or she owes a duty to. The negligent action leads to a personal injury or monetary damages. In this instance, the claim against Syngenta was based on monetary damages. Since the Kansas farmers have recovered their multi-million dollar judgment Syngenta has agreed to pay a $1.4 billion to settle all other claims. If you, or your company, has suffered harm because of the negligence of another, call us today @ 913.602.7288 or complete this FORM. We can help you recover everything you deserve.  If you watched the news or turned on your phone/computer yesterday, you know all about the Southwest airlines tragic accident. If not, CBS News reported the engine failure of a Southwest airplane and the death of one passenger (report is HERE). All those on the flight experienced extreme circumstances and some were injured. Today we will discuss what you would be entitled to had you lost your loved one on this, or any other, flight.
Negligent Infliction of Emotional Distress If you are a Kansas resident it doesn't matter what state you were in when the accident occurred. Your claim could be brought against the airline in a Kansas court. Airplane deaths are unique because the passengers (including the deceased's estate) may have a claim for NIED (negligent infliction of emotional distress). NIED is where you suffer mental or emotional harm (ex. shock, trauma, etc...) because of the negligence of another. Like this airline accident, most NIED claims stem from the traumatic experience of witnessing a relative or loved one's injury or death. In Kansas the NIED must be accompanied by physical injury to the plaintiff and, this injury must manifest a short time after the emotional disturbance. This claim can be brought alone or along with a personal injury claim (ex. wrongful death). Wrongful Death A wrongful death suit is brought against the at-fault party for causing someone's death intentionally or negligently. The estate of the deceased (usually a spouse or child) brings this suit. You could receive the following from this claim:
Actual Damages Actual damages seek to reimburse you for prior financial losses. There is no cap on the amount you can receive for actual (a.k.a economic) damages. Some of the damages Caleb's family likely asked for were:
General Damages The family likely sought general damages too. Kansas law, depending on the date of injury, caps the amount you receive for non-economic damages (ex. disfigurement, pain and suffering, etc...) between $250,000 - $350,000. This cap may not apply where a wrongful death occurred or for economic loss (ex. loss of future earning). General damages include the things that can’t be precisely documented in dollars spent, including:
Our condolences go out to the family who lost their loved one. No amount of money will make up for the loss of a loved one. If you, or your loved one, has experienced injury or death, because of the negligence of another, contact us today at 913.602.7288 or complete this FORM. These cases are complex, can be put in front of a panel (where experts must testify for/against your claim) before it advances to hearing and, are usually handled by the at fault party's lawyer. It's best to have a lawyer fighting for what you deserve. We have recovered tens-of-thousands of dollars for clients just like you.  Since our last blog post on the decapitation and death of the 10-year-old, at Schlitterbahn Park, in Kansas City, Kansas, a $20 million dollar settlement has been reached. In addition, criminal charges have been brought against several parties involved with the park. If you are aware that there are maximums on what a family can receive in wrongful death suits, you may be wondering how the family was awarded $20 million. Below you will find out how.
In Kansas, when a wrongful death occurs, any "heir at law" can file the suit. Oftentimes that is the spouse or children of the deceased. In this instance, because of the age of the victim, it was his parents. Caleb's parents had claims against multiple parties for the death of their son too (ex. the park owner, those who built the slide, etc...). They likely maximized the following damages:
Actual Damages Actual damages seek to reimburse you for prior financial losses. There is no cap on the amount you can receive for actual (a.k.a economic) damages. Some of the damages Caleb's family likely asked for were:
General Damages The family likely sought general damages too. Kansas law, depending on the date of injury, caps the amount you receive for non-economic damages (ex. disfigurement, pain and suffering, etc...) between $250,000 - $350,000. This cap may not apply where a wrongful death occurred or for economic loss (ex. loss of future earning). General damages include the things that can’t be precisely documented in dollars spent, including:
No amount of money will make up for the loss of a loved one. Surely, the Schwab family is still suffering. If you, or your loved one, has experienced injury or death, because of the negligence of another, contact us today at 913.602.7288 or complete this FORM. These cases are complex, can be put in front of a panel (where experts must testify for/against your claim) before it advances to hearing and, are usually handled by the at fault party's lawyer. It's best to have a lawyer fighting for what you deserve. We have recovered tens-of-thousands of dollars for clients just like you.  As the weather begins to warm, we are certain to be on/encounter motorcycles on the roadway. With the liberation and freedom, of a motorcycle ride, comes potentially life-altering danger. According to the National Highway Traffic Safety Administration, the most common injury suffered by a motorcyclist in a crash is a lower-extremity injury - damage to the pelvis, hip, leg, or foot. Second to the lower-extremity danger is an upper-extremity injury - arms, hands, and shoulders. These injuries can be anything from mild bruising to an amputation. While all injuries cannot be prevented, here are some precautions that may prevent serious injury or death:
What Injuries Can Be Prevented Following the above safety precautions cannot guarantee no injuries; however, it could mean that you don't suffer:
What You Can Expect After the Crash Generally speaking, you can expect the following after severe damage to or loss of a limb in a motorcycle crash:
What You May Be Entitled To Your injuries and damages will be unique and, we can fight for what you deserve such as:
 KWCH reports the tragic loss of a teen driver this week. "The Kansas Highway Patrol says Mariah Lowe, 18, of Abilene was driving a 2016 Nissan Sentra east on I-70 when she left the road on the south side for an unknown reason. Officials say Lowe's vehicle struck a concrete culvert, overturned and caught fire.
The accident happened about 8:46 a.m., approximately 9 miles east of Abilene. Lowe was pronounced dead at the scene." The specific circumstances surrounding Lowe's accident are unknown; nonetheless, we hope that the following information will help prevent other teens and families from losing their loved one(s): 5 to Drive - Teen Accident Prevention Using the "8 Danger Zone" factors and determining the five most dangerous, there is a movement called "5 to Drive" across the nation. During National Teen Driver Safety Week, agencies across the country provide education and prevention techniques, to lower the number of car accident deaths and injuries caused to/by teens. The "5 to Drive" tips are:
Our condolences go out to the family who lost Mariah! There is possibly a case for wrongful death in the case of this accident. Getting an attorney experienced with auto accidents, immediately, is a must. If you, or your loved one, are involved in a serious accident call us today @ 913-602-7288 or complete this FORM.  A recent Kansas City, Kansas accident resulted in the injury of four people. According to the Kansas City Star, a police chase resulted in a flipped car and direct impact into an unrelated vehicle. The car involved in the high-speed chase ultimately flipped and knocked over a utility pole. Three teens from the at-fault car were injured and the driver of the other car was also injured. Here are a few tips for you, should you be involved in, or injured by, a car wreck:
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