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  • HOME
  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • SEX CRIMES
    • PERSONAL INJURY
    • WORKERS' COMPENSATION
    • ADDITIONAL PRACTICE AREAS
  • SCHOLARSHIP
  • BLOG
  • CONTACT US
  • SEX CRIMES

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Immigrants & Refugees Notice of Rights

1/29/2017

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Kansas City Head Injury vs. Brain Injury

1/25/2017

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In Kansas, and across the nation, it is understood that any trauma to the head should be taken seriously and medical attention should be sought. The diagnosis of the type of trauma, and associated treatment, typically varies depending on whether you have a head or brain injury. The terms “head injury” and “brain injury” are often used interchangeably; however, each is medically different.

Head Injury - According to Medline Plus, "A head injury is any trauma to the scalp, skull, or brain. The injury may be only a minor bump on the skull or a serious brain injury." Head injuries can be open (strikes to the head that broke the skull and entered the brain)  or closed (strikes to the head that did not break the skull). Skull fractures, lacerations to the skin or scalp, and bruising of the skull/scalp are each possible head injuries. Common causes of head injury include:
  • Slip, trip and fall accidents
  • Home, work, outdoors, sports, etc...accidents
  • Car accidents
  • Physical attacks
Where such injuries occur the potential for brain injury exists. 

Brain Injury - Different from head injury, but possibly caused by it, is a brain injury. Brain injury is where damage has occurred to the tissue of the brain. Objects breaking the skull and impacting the brain directly, trauma to the head causing the brain to rattle inside of the skull, loss of oxygen to the brain, etc...are each brain injuries. Some causes of brain injury are:
  • Car accidents
  • Swimming pool accidents
  • Sports related accidents
  • Work related accidents
Force, speed, severity, area of impact, nature of the injury, etc...all can increase the seriousness of the brain injury. Some symptoms of brain injury include:
  • Loss of memory
  • Inability to sleep
  • Difficulty concentrating/focusing
  • Depression and/or anxiety
  • Loss of balance or coordination
  • Changes in mood/emotions
If you had/have a head or brain injury, your ability to work, drive, enjoy your life and family, etc...may be interfered with for months or even years. In some instances, the injury may cause permanent disability/impairment. These cases can be complicated and you will need an experienced attorney to handle your case and get you the compensation you deserve. Our office is here to help. Call us today at 913.602.7288 or complete this FORM to receive your free consultation. 
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R.I.P. Yordano Ventura

1/22/2017

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Today we mourn the tragic loss of Yordano Ventura, Kansas City Royal's pitcher. His death was caused by a car accident, while he visited the Dominican Republic.Our thoughts and prayers are with his family during this difficult time. 
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Dr. Martin Luther King Jr. Day

1/16/2017

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Kansas City Emergency Car Kit List

1/13/2017

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The weather has taken a quick turn for the worse in Kansas City. Were you prepared? If not, don't waste another moment. We have scoured the internet and compiled a list of things you should have in your car, in case of an emergency. 

CAR SAFETY KIT LIST
Keep these items in a bag/container in your trunk:
  • Battery-powered radio, flashlight, and extra batteries
  • Battery operated cell phone charger
  • Blanket (see one option HERE) 
  • Jumper cables
  • Bottled water and nonperishable high-energy foods (ex. granola bars, raisins, mixed nuts, peanut butter, etc...)
  • Fire extinguisher (5-lb., A-B-C type)
  • First-aid kit and manual
  • Maps, shovel, flares
  • Tire repair kit and pump
  • Spare tire (make sure that it is fully inflated) 
WINTER EMERGENCY CAR KIT LIST
  • A snow brush/ice scraper
  • Small shovel
  • A bag of sand, or kitty litter, to help with traction
  • Extra windshield washer fluid
  • Old winter boots and clothes (ex. water proof gloves) in the trunk
Some retailers have the large majority of these items prepackaged. If you do get in an accident while driving don't forget to review our Accident Do's and Don'ts and call Attorney T. Morton right away @ 913.602.7288. 
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Kansas City Personal Injury Claim vs. Lawsuit

1/10/2017

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We recently received a question that you too might be wondering about - What is the difference between a personal injury claim and a personal injury lawsuit? We will share a general overview of each. 

Personal Injury Claim
Following your injury, you have the right to seek compensation from the party who injured you. A claim is used to notify the at-fault party's insurance of your injury and/or damages. It not only notifies them; it also is a formal request for payment. This step is usually completed prior to lawsuit and, generally involves a negotiation process. At the end of the claim process, you may not have to file a lawsuit and you may have been justly compensated.

Personal Injury Lawsuit
If the claim negotiations are unsuccessful (which usually also includes going through arbitration or mediation) the next step is to file lawsuit. A personal injury lawsuit is a civil legal action filed against those who you believe are responsible for your damages. There are a number of reasons that may prompt the need for a lawsuit to be filed, including:
  • a denial of fault,
  • doubt about the extent of your injuries,
  • the amount of compensation you are seeking exceeds what the insurance company is willing to pay,
  • the statute of limitations is nearing, etc...
Will you have to go to court to resolve your matter, if you have to file lawsuit? That depends. Click HERE further information.  

You can file a lawsuit, in most cases, on the first day of your injury. You can wait until many months after your injury claim and/or after the negotiation process has failed. Either way, it's always a good idea to talk to an attorney. Attorney T. Morton is experienced in all stages of the personal injury process. Call us today for your free consultation at 913.602.7288 or complete this FORM. 
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5 Kansas Worker's Compensation Secrets

1/3/2017

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Worker's Compensation policies and procedures were created to minimize the amount of work related injury claims that resulted in lawsuit and, to lessen the difficulty for you receiving the care you deserve. In Kansas, there are hundreds of pages of complex Worker's Compensation rules/regulations. Today we would like to provide you with five secrets your employer doesn't want you to know. 
  1. You don't have to report the incident on the day it occurs. Where possible, it is best to report your injury, to your employer, the same day; however, that's not always an option and you don't have to. The Kansas statute requires a workplace injury/accident be reported within 30 days of the date of the injury/accident or 20 days if you sought treatment from a medical provider or, 20 days after the last day you actually worked. This can be done in writing or verbally (we suggest in writing and keep a copy) but, in certain circumstances these too may not be required. 
  2. You can seek medical care from a provider of your choice. If you are dissatisfied with the services received from the medical provider your employer assigned, you may seek another's services. This can be done without application or approval, up to a $500 limit. (Keep in mind that the $500 cannot be used to obtain a second disability rating.) In some circumstances, you can recieve care from "unauthorized" providers, and your employer will be responsible for paying for, services beyond the $500 limit.  
  3. You are entitled to payment for your travel. If your roundtrip travel is five miles, or more, you are entitled to reimbursement for mileage, currently at the rate of $0.54 per mile (07/2016-07/2017). You should keep an accurate record of your mileage for getting to and from: doctor’s appointments, medication pick-up, ER visits, therapy appointments, vocational training, etc...There are occassions where you can refuse to travel until you are given the money necessary for the travel, plus $15 for lodging and food, in advance. 
  4. You are entitled to 66% (2/3) of your average weekly income. If you are being paid less than this percentage you must be notified in writing and, may request a hearing to determine if this is justified. No matter how much you made, the maximum is $627 weekly. The first seven days are unpaid, unless you are out for twenty-one or more days (then the first seven days are later paid too). Weekly wage entitlement varies but, can be paid to a spouse (if the injury resulted in the other's death), to volunteers, part-time employees and more.
  5. Refusing drug/alcohol testing, following your injury, does not necessarily mean you cannot collect benefits. Your employer may tell you otherwise; however, there are a number of things that must have been in place, prior to your injury, for denial of benefits to occur. If each was not, it becomes the burden of your employer to prove sufficient cause to believe you were under the influence of drugs or alcohol and/or there was proper policy/consent in place. 
These are just five secrets that are hiding in the middle of the hundreds of pages of Kansas Worker's Compensation law. We are experienced in these matters and know many more. If you were injured on the job, your employer and the insurance company will have an attorney and, so should you. Call Attorney T. Morton today at 913.602.7288 or complete this FORM.  
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    Overland Park, KS 66210

    (Located in the Lighton Tower Building near 110th St. & College Blvd. in Overland Park.)

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