There are important benefits, that you may be entitled to, under Overland Park, Kansas Work Comp. law. This includes mileage reimbursement, medical benefits, prescription medication and weekly benefits. Here is the a chart of the weekly benefits:

• Temporary Total Disability (TTD) Benefits:
  • TTD benefits are paid for the time period an Kansas employee is unable to perform his or her regular work because of an injury.
  • Compensation is 66 2/3 percent of the injured workers wage.
  • Minimum weekly payment is $25 or actual wage if less.
  • Maximum weekly payment is 75% of the state average weekly wage or $529.
  • Maximum number of payments is no limit.
  • Maximum of total payments is $100,000.
  • Benefits are subject to Unemployment Insurance and Social Security offsets.
  • Note:
    • When an injury results in more than three calendar days of disability, the employee may be entitled to TTD benefits beginning on the fourth day and continuing until the employee has returned to work or is medically capable of returning to substantially similar employment, whichever occurs first. Compensation is retroactive if injury continues for three consecutive weeks.
• Permanent Total Disability (PTD) Benefits:
  • Compensation is 66 2/3 percent of the injured workers wage.
  • Minimum weekly payment is $25 or actual wage if less.
  • Maximum weekly payment is 75% of the state average weekly wage or $529.
  • Maximum number of payments is no limit.
  • Maximum of total payments is $125,000.
  • Benefits are subject to Unemployment Insurance and Social Security offsets.
• Permanent Partial Disability (PPD) Benefits:
  • Compensation is 66 2/3 percent of the injured workers wage.
  • Minimum weekly payment is $25 or actual wage if less.
  • Maximum weekly payment is 75% of the state average weekly wage or $529.
  • Maximum number of payments is no limit.
  • Maximum of total payments is $125,000.
  • Benefits are subject to Unemployment Insurance and Social Security offsets.
  • Non-scheduled injuries are limited to a maximum of 415 weeks payments and a maximum payable of $100,000 plus $50,000 for functional disability.

If you have been injured at work, in Kansas, you may be entitled to benefits. Call us today to find out how to ensure that you get the money and care you deserve 913.602.7288.

There are four types of Erb's Palsy - neuropraxia, neuroma, rupture and avulsion. Each has a different level of severity and likelihood of correction. Remember, that most of these birth injuries are caused by the Kansas doctor, and can be lifelong. Here is more information about each type of injury:

• Neuropraxia – least severe and most common of all the brachial plexus injuries occurring outside the spinal cord. This is a “stretch injury” where the nerve is not torn but damaged by stretching. This causes a conduction block, but luckily doesn’t involve permanent structural damage to the nerve.
• Neuroma – When an injured brachial plexus nerve tries to repair itself, it forms scar tissue around the injury and interferes with the nerve sending signals to the muscles. The scar tissue forms specifically between the proximal and distal ends of the nerve to create a neuroma.
• Rupture – In this injury, the nerve tears outside the spinal cord causing damage to the nerve cells, and supporting blood and connective tissue. If only the nerve cells are damaged then they can fully recover and grow again.
• Avulsion – This is the most severe type of Erb’s Palsy, which involves the nerve being completely removed and torn off from the spinal cord. It usually occurs at the nerve rootlets, or close to the spinal cord.

Erb’s Palsy is often diagnosed long after the delivery of your child. The symptoms become more pronounced during developmental stages when a child first begins physical movement. The following symptoms may be evident during this period:

• Lack of muscle control and feeling in the arms or hands
• Lack of control while moving
• Inability to use the shoulder or elbow
• Paralysis of the arm
• Needs help to sit up
• Unable to crawl

Treatment for Erb’s Palsy includes exercise, physical therapy, and even surgical intervention. Surgery can be complicated and expensive, but is an effective solution for some infants and children.

If your child suffered a brachial plexus injury and/or has Erb's Palsy, you need an experienced medical malpractice, Kansas City, Kansas attorney on your side. We are located in Overland Park, Kansas and offer free consultations. Don't wait. Call us NOW 913.602.7288.

If you are driving in Overland Park, Kansas or across the state, you know that winter conditions are cause for concern. Are 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

Many 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. ​​

Many people, each day, suffer injury while working in Kansas. No matter how big or small the injury, if you are hurt, you may be entitled to medical care, paid time off from work and/or lump sum cash settlement. Here are some quick tips that will help ensure that you get the most of your Worker's Compensation process:

• Report your injury right away. You are typically safe to report the injury to your immediate supervisor; however, if you are unsure who to report to ask your HR;
• Seek medical attention immediately. Even if your injury is small, seeking medical attention will document the incident, give you the medical attention you need and, possibly provide you with some time off from work/work restrictions;
• Follow the directions of the doctor. It may be burdensome but, failing to follow the care instructions (absent something that is obviously egregious) could result in the denial/loss of your Kansas Worker's Compensation;
• Request mileage, prescription co-payments and/or second opinion fee reimbursement. It may only be a few hundred dollars but, it's yours to have. However, if you don't ask for it, you likely won't get it;
• Review the calculations of your pay used to determine your weekly benefit amount. This number not only impacts the amount you are paid weekly, it also impacts the amount you may be entitled to at the end of your Work Comp. case; and
• Request a hearing. If you aren't getting the care you need, have been unjustly denied benefits and/or have an urgent matter that the insurance company is unwilling to resolve, you should ask a Kansas Worker's Compensation hearing. The magistrate overseeing the matter can make immediate decisions about your rights and care.

The more you know about your rights, and Kansas Worker's Compensation, the better. We understand that the process may be overwhelming and confusing. You have questions about your injury, in Overland Park, Kansas or across the state and we have answers. Call us NOW 913.602.7288 to speak with an attorney. We have recovered thousands of dollars for clients just like you. 

The winter season is upon us. Snow is frequently coming and causing the Kansas highways and roads to be danger zones. In the last couple of months there have been several car accident deaths that perhaps were avoidable. Sometimes who is at fault is clear; however, many times determining liability will be an uphill battle. Typically, the fight is greater where commercial vehicles are involved and/or fatalities. This may be the case in the recent accident, in Kansas, where two Arizona women were killed. Here is what you need to know if you are involved in an accident with a commercial vehicle or if your loved one has lost their life because of one:

1. If you can, take pictures and notes immediately following the accident. If your loved one was the injured party you may want to get an attorney, on scene, right away;
2. You will want to get a letter, to the trucking company, that demands that they preserve all evidence related to this accident (ex. truck black box);
3. Gather all information and evidence that will support your case (ex. medical records, pictures of your injury, police reports, etc.);
4. Don't give any recorded and/or written statements about the accident before seeking legal advice;
5. Don't admit fault, even if you think the accident was your fault; and
6. Don't refuse medical treatment or suggest that you have no injuries. Some injuries are only apparent hours, days or weeks later.

Trucking company owners have teams that will likely come to the accident scene, the day of the accident. They will make every effort to collect and/or dispose of evidence and information to their benefit. You should have someone protecting your interests and making a case for you. That is the only way you will get the money you deserve. If your loved one has lost their life or been seriously injured in a semi-truck, commercial vehicle, etc. accident, in Kansas, call us NOW for your free consultation 913.602.7288.

If you are being charged with arson, in Overland Park, Kansas, this blog will explain what the prosecutor must prove you did, the potential punishments and your defenses.

Kansas Arson Defined
Whether your crime was in Johnson County, or somewhere else in Kansas, arson is if you knowingly or accidentally, by means of fire or explosive, damage any building or property with the intention to injure or defraud an insurer of the property or the owner of the property. Arson is also damaging any property or building by fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance. You many set the fire for enjoyment or with the intention of fraud and be charged with the same crime. Here are some of the other common fire starting reasons, that have resulted in this criminal charge:

• vandalism
• excitement
• revenge
• profit
• extremism 
• concealment of another crime

Kansas Aggravated Arson
As you will see below, if you are charged with an aggravated arson the potential jail/prison time greatly increases. Arson becomes an aggravated offense when:

• someone, or more than one person, was in the building or property when the crime was committed; or
• if law enforcement (ex. fire fighter, police officer) suffered great bodily harm or disfigurement while rescuing, putting out the fire, investigating, etc.

Kansas Arson Punishments
In Johnson County, Kansas along with fees and fines, here are the potential consequences:
Level 6, person felony (minimum 32 months imprisonment)

• Knowingly, by means of fire or explosive damaging any building or property which is a dwelling (a house, apartment, or other place of residence.) in which another person has any interest without the consent of such other person.
• Knowingly, by means of fire or explosive damaging any building or property is a dwelling (a house, apartment, or other place of residence.) with intent to injure or defraud an insurer or lienholder; is a severity level 6, person felony;

Level 7, nonperson felony (minimum 15 months imprisonment)

• Knowingly, by means of fire or explosive damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.) in which another person has any interest without the consent of such other person.
• Knowingly, by means of fire or explosive damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.) with intent to injure or defraud an insurer or lienholder.

Level 7, person felony (minimum 22 months imprisonment)

• accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.).

Level 3, person felony (minimum 89 months imprisonment)

• Aggravated arson is committed upon a building or property in which there is a human being and results in a substantial risk of bodily harm.
• Aggravated arson which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.

Level 6, person felony (minimum 32 months imprisonment)

• Aggravated arson is committed upon a building or property in which there is a human being and results in a no substantial risk of bodily harm.

Kansas Arson Defenses
Oftentimes, these cases require that you have an expert review the evidence against you and refute the findings.  Some defenses against this crime are as follows:

• alibi
• mistaken identity
• lack of motive
• inaccurate/unreliable evidence

Defending against arson is often difficult, particularly where there is believed to be a motive (ex. insurance fraud).  The prosecutor must show that you were both the correct person and the cause of the fire. You need an aggressive Kansas defense attorney on your side. Your freedom is at risk. Call us NOW 913.602.7288.

Most of your clients finds us via word-of-mouth or online. Overland Park, Kansas is a big area with lots of personal injury attorneys in practice. How can you pick the best one? We offer you these tips:

1. Review their website. Usually on the home page, of their site, you should be able to find client reviews, case results, legal affiliations and an "about" page. That will give you some insight into how you will be treated, and how your case will be handled, before you hire him/her;
2. Call for your free consultation. Most, if not all, Overland Park, Kansas injury lawyers offer a free phone consultation. Use that time to see if your needs can be met, if the attorney is knowledgeable, and whether or not your case is one that the lawyer has the time to handle;
3. Find a specialist. Look for an injury attorney that doesn't practice all law. If they practice in only a couple of areas they are more likely to be an expert in their field. That is because they have the time and experience, specifically in the area where you need the help. You need an expert; and
4. Bigger doesn't always equal better. Just because a personal injury lawyer is on a billboard, t.v. commercial, radio, or has lots of staff, doesn't mean that is the best lawyer for you. Many great Kansas injury lawyers don't use those mediums to advertise at all. Further, if you pick a large firm your case will likely be passed off to a paralegal instead of being handled by a licensed Kansas attorney. We suggest that you err on the side of small to medium firm that allows you to speak directly to the attorney. 

Remember you will only have one shot at getting the money you deserve, because of your accident. The attorney you pick matters! If you, or your loved one, has been injured in Kansas we are here to help. Call to speak to an attorney NOW 913.602.7288. We have recovered tens-of-thousands of dollars for clients just like you. 

Under Kansas law, you can be found guilt of shoplifting, a petty theft, if you (or a minor that you are the parent or guardian of) take the property of another with the intent to permanently deprive the rightful owner.  Oftentimes, you will not be arrested for this crime; rather, you will be given a date to appear in court. Many may advise you that there is no jail time associated with these charges but, that is inaccurate.

Kansas Shoplifting/Petty Theft Penalties

• two times the retail cost of the item, or $50, up to $500, so long as the merchandise can be resold
• $50 or 50% of the retail cost of the item, whichever is greater, up to $350 if the item cannot be resold
• shop owner's attorney fees 
• court costs
• one year jail and up to $2500 fines
• If you have prior theft convictions, or pending ones, and the value of the item is less than $1000 (normally a Class A misdemeanor) the charge may escalate to a level 9 felony, punishable by up to 7 months in jail.

Kansas Shoplifting/ Petty Theft Defenses

• rights to or ownership 
• intoxication
• return of property
• entrapment

If you are being accused of shoplifting or petty theft, in Johnson County, or across the state of Kansas you need a lawyer NOW. Even if you only were given a ticket and gave the item back, your freedom and future are on the line. We are available to answer your questions 7 days a week, and we offer payment plans. Call today 913.602.7288.
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