With the unpredictable nature of Kansas weather comes many potential hazards. These hazards can result in your injury (broken bones, death, head injuries, etc...). Today we will discuss slip and fall accidents. 

Do you have a slip and fall claim?
Falling, tripping and slipping each fall under Kansas "slip and fall" premise liability laws. Simply having an accident is not enough however. Your accident, and the resulting injury, must have been caused by the negligence of another.  In addition, it must be shown that the negligent party knew about the hazard and did nothing to warn/protect you from its danger and, that a reasonable person in the circumstances would have warned/protected you against the injury. 

An accident may be caused by:

• wet floors
• bad flooring
• weather related hazards
• poor lighting
• structural damages/defect, etc...

Here's an example: You go into your favorite fast food place. You slip on spilled soda. In order to recover, you would have to prove that you did not see the spilled soda and the business (or those working for it) did not warn you or protect you from the danger. 

You must file your claim, for your injury, within two years of the accident. Kansas  is a "comparative fault" state, meaning what your compensation amount will be based on what part you played in the accident. You must be 49%, or less, at fault to be compensated. Should you fall below 50%, you may be entitled to some or all of the following:

• Pain and suffering
• Future and past medical expenses
• Lost wages and earning capacity
• Loss of benefit of spouse, etc..

You will find more information about slip and fall accidents by clicking HERE. These claims are incredibly complex. You need a knowledgeable attorney, by your side, to get what you deserve. Call us today 913-602-7288. 

Surely you have seen the recent reports about the horrific death of Rebecca Zeni. The former model was in a nursing home and was allowed to be eaten alive by scabies. Nursing home negligence can happen to Kansas seniors, living in nursing homes, too. Oftentimes, these incidents go undetected until damages are done. Here's what you should know:
Negligence
When your loved one is in the care of another, they are often already in a vulnerable position. In nursing homes, assisted living facilities, and inside of a family home, elderly abuse and neglect can occur. Those charged with their care owe a duty to your loved one. Negligence is when the other party falls short of their duty. Some instances of negligence include:

• Omission or failure to act
• Inadequate training
• Failure to follow/have procedures or policies for safety
• Over-sedation
• Abuse
• Isolation
• Inadequate supervision

Injuries
Many injuries to your elder loved one may occur due to the negligence of another. Some possible injuries include:

• Bed sores
• Dislocated, broken, fractured limbs and/or bones
• Psychological injury
• Wrongful death

​What You Might Be Entitled To

• Medical expenses
• Lost wages
• Future earnings
• Mental anguish
• Pain and suffering
• Loss of consortium (in the case of a spouse)

You may be going through a difficult time. There are complex laws surrounding proving negligence and establishing fault. You need a Kansas nursing home abuse/negligence lawyer by your side. If you, or a loved one, suffered injury or death as a result of the negligence of another contact Attorney T.Morton now for your free consultation (913.602.7288 or FORM). ​​

What should have been the start of a beautiful life together, quickly turned tragic. During an American Ailrine flight, Brittnay Oswell became ill and, although a doctor on the flight insisted that they land immediately, the pilot refused. The complaint argues that the decision to not land, despite the obvious emergency, amounted to negligence that ultimately caused the death of Oswell. It is very possible that you, a Kansas resident, could be victim of an in-flight tragedy.

Kansas Wrongful Death Statute
Kansas’ wrongful death statute can be found at K.S.A. 60-1901. In Kansas, wrongful death is understood as not a separate cause of action. Instead, it is the claim that the person who died could have brought for damage to them had they lived. The necessary elements are: 1) death of a person and 2) caused by “wrongful act or omission of another.” 

Who Can Bring The Suit? 
Any heir who has sustained a loss by reason of the death may bring the wrongful death suit.For these purposes, the meaning of “heir” is the same as it would be under property and estate law: one who would receive property or the estate from a person at their death because of their relationship. This can include the surviving spouse, parents, grandparents, children, and other relatives who would be the decedent’s heir at his death. However, this does not include the administrator of the decedent’s estate. Therefore, if a parent’s parental rights have been severed for some reason, this also ends the right of her former children to bring a wrongful death action upon her death.

The “loss” requirement is usually not an issue. However, where children had no “meaningful relationship” with their estranged birth mother’s child and there was little to no evidence of relationship or grief, the court suggested that this might not be sufficient to fulfill the “loss” requirement.

Who Can Sue For Wrongful Death?
Under the law, a person for whom you can bring suit includes an unborn child. Although Kansas cases have held that an “unborn child” must be viable outside the womb in order to bring a wrongful death action upon their death, Kansas statute does not require that the fetus be viable outside the womb. It includes a fetus in any stage- from fertilization to birth. However, if the death of the unborn child was as a result of the mother’s actions or any form of legal abortion, there is no wrongful death action available upon the death of the fetus.

What Damages Are Available In A Kansas Wrongful Death Claim?
Non-economic damages in a wrongful death case are capped at $250,000. The verdict in a wrongful death action is itemized by the trier of fact to reflect amounts awarded for:
(1) non-pecuniary damages;
(2) expenses for the care of the deceased caused by the injury;
(3) other pecuniary damages, such as lost income.

The elements of damage for which recovery may be awarded include:
(1) mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort, or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance, or education; and
(6) reasonable funeral expenses.
​
As a strategic matter, in some wrongful death cases plaintiffs and counsel choose to not submit the issue of non-economic damages to the jury, instead submitting only categories of economic damages to avoid the cap of $250,000 on non-economic damages.

Punitive damages are not recoverable in wrongful death actions. Punitive damages are recoverable, however, as part of a survival action. Along with the wrongful death cause of action, the estate of a decedent can bring a survival action for decedent’s claimed damages for both economic and non-economic, arising out of defendant’s negligence. It is this survival action that serves as the vehicle for a punitive damages claim. 

What Limitations Are There On Kansas Wrongful Death Claims?
The statute of limitations for wrongful death actions is two years from the date of death. Although this time may be shortened, it will not be extended. Because the wrongful death action is based on the rights of the decedent, if the statute of limitations has run out on the decedent’s original cause of action, an heir cannot bring a wrongful death claim after their death. For example, where a man had a personal injury action against a company, did not bring it, and subsequently died as the result of the personal injury; his wife could not bring a wrongful death claim because the statute of limitations on his personal injury claim had run out by the time she filed the wrongful death claim.

In medical malpractice, a patient’s survival for more than four years after the alleged malpractice destroys any wrongful death claim heirs might have on the patient’s death. This is even though the patient’s death is highly likely to have been caused by malpractice.
​
Finally, only one action can be brought against any one defendant for the death of a particular person. Any heir who is not a part of the original action can join the action (in legal terms, “intervene”).

If such a tragedy, as the one that happened to Oswell, happens to your family call us today @ 913-602-7288 or complete this FORM. The airline will have lawyers working hard not to pay you for your loss. You need us on your side to get you what you deserve. 

Kansas News KOAM reported on the case involving Kara Hansen. The twenty-year-old was involved in an car accident that left her paralyzed. The jury determined that the driver was distracted; therefore, negligent at the time of the accident. They awarded Hansen thirty-eight and one-half million dollars for medical care and lost earnings, past and future. Although she was awarded a large amount, the man who caused the accident only had a $25,000 liability insurance policy. 

Is is possible to recover more than the at-fault party's policy?
The short answer is yes. Can you get it from their insurance company? Most likely not. However, there are few options for collecting beyond the at-fault party's limits:

1. Your personal under-insured motorist car insurance policy;
2. Going after the personal assets (home, car, etc...) of the negligent driver;
3. File a bad faith claim against the insurance company (rare);
4. Determine if there is an umbrella insurance policy held by the at-fault party;
5. Register you debt with the Kansas Department of Administration's "Setoff Program" to ensure that the debt will be collected against any state tax refunds, lottery winnings, unclaimed property, etc...
6. Seek a lien and/or garnishment request through Kansas courts; and more

It's an unfortunate fact that Kara's circumstance happens all too often. The best thing you can do is increase your personal uninsured/underinsured policy and, call us today 913-602-7288 or complete this FORM. We can help you get and collect what you deserve. 

Yesterday we talked about being involved in an accident, in Kansas, with a commercial vehicle. Today we would like to discuss one of the largest contributing factors, to these accidents - illegal substances. 

In addition to the expectation that commercial vehicle drivers are obeying traffic laws, they are also required to abide by the Federal Motor Carrier Safety Administration (FMCSA) regulations. Naturally both demand uninhibited driving. Nonetheless, driving under the influence of drugs and alcohol happens regularly and, causes accidents. 

One survey found that 30% of commercial vehicle operators admit to using amphetamines while driving. Nearly 13% of truck drivers tested positive for alcohol while operating a vehicle. 20% of drivers used marijuana and 3% used cocaine while on the roadways with you and your family. Any one of these substances impacts the driver's decision making, senses and other motor skills. Ultimately resulting in serious accidents. 

Your claim, against the driver and/or the employer, will be complex. You may have brain damage, spinal cord injuries, amputations, lacerations, and more. Even worse, many are killed in these accidents.  You must seek medical attention and get an experienced Kansas commercial vehicle accident attorney, right away. Attorney T. Morton has the experience necessary to get you what you deserve. Call today 913-602-7288 or complete this FORM for your free consultation. 

In Kansas, and across the nation, commercial vehicle accidents occur all too often. Commercial vehicles (semis, big rigs, tractor-trailers, transportation trucks, taxis, crane trucks, concrete trucks, construction trucks, buses, rented vehicles, work trucks, etc...) are typically driven by trained professionals. In fact, most commercial drivers must have a special driver's license in order to be on the roadways. Although they may have a special license, commercial drivers do make mistakes, act negligently and cause accidents. Here is why these types of accidents are different:

• These accident claims are particularly complex because of the laws surrounding assigning liability to employers/employees;
• You may have a claim against the driver of the vehicle and the employer;
• The insurance policies are multi-layered and require a knowing eye when being reviewed;
• There are likely FMCSRR non-compliance matters that will impact your claim. The Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) have regulations specifically for commercial vehicles;
• In addition to the responding law enforcement, the Kansas Highway Patrol may also be involved in violations of non-compliance. These may be handled by the CHART team; 
• Various forms of negligence must be thoroughly investigated, such as: negligent hiring, negligent training, negligent supervision, negligent qualifications and retention claims;
• Knowledge of the Smith System or similar systems is a must. These systems cover accident prevention (i.e. defensive driving, hazard perception, accident avoidance, driving safety, etc...) and, the employer must be providing such training regularly;
• These accidents often result in catastrophic injuries or fatalities (ex. brain injury, death, head injury, loss of limbs/amputation, paralysis, spinal injuries, etc...); and
• Because of the seriousness of these accident the associated medical bills and other losses are typically higher and involve myriads of providers.

We understand the complex nature of commercial vehicle accidents and the associated laws. We know that you will have medical bills, lost wages, pain and suffering, disabilities, emotional damages and more. You need an experienced, Kansas, accident attorney by your side. We have helped clients just like you recover tens-of-thousands of dollars. Call today 913-602-7288 or complete this FORM. 

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:

1. Cross in designated areas, where possible. Obey traffic signals and stay in crosswalks. Crossing the street at the end of a curb helps too.
2. Look. Then look again. Look left, right and left again when crossing and keep looking as you cross. 
3. Put away distractions, such as phones, cameras, etc...when crossing the street.
4. Make eye contact with drivers of cars before crossing and don't run across the street.
5. Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to the left as possible.  Children should walk on direct routes with the fewest street crossings.
6. Watch for cars that are turning or backing up. 

We hope those injured by the truck this week have a speedy recovery and, that you are never involved in such an accident. However, if you, or your loved one, do get injured call Attorney T .Morton at 913.602.7288 or complete this FORM. Our consultations are always free.
​

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:

• Compensatory Damages

Compensatory damages are designed to, in a word, compensate. These damages are meant to make you relatively “whole”. Generally, these damages are divided into two subcategories - actual damages and general 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 Beemer's family likely asked for were:

• Funeral and burial costs;
• Lost wages of the deceased and lost services he would have given to his family; and
• Any initial medical bills related to the accident (ex. ambulance service).

There is no max on economic damages.  These are simply calculated based on the real-world costs. We can help you accurately calculate these damages in your case. 

    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:

• Pain and suffering endured due to injuries and associated mental anguish;
• Disfigurement;
• Future medical expenses;
• Loss of future earnings;
• Loss of consortium ( i.e. benefits of a relationship); and
• Loss of normal enjoyment of life.

Damages are also available in cases where you were not provided with proper informed consent.

• Punitive Damages

It is likely that the Beemer family rightfully maximized recovery based on punitive damages too. Punitive damages are not based on actual injuries sustained. Rather, it is to punish the provider for intentional or grossly negligent conduct. Punitive damages are the lesser of the highest gross income (in the prior five years) or $5,000,000. The award can be over $5,000,000 if provider profited from its negligence. In those instances the court can award one and one-half times whatever the profit was. 

​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

• Auto accidents are the #1 cause of death in the U.S., including in Kansas, and 40% of those deaths are drug/alcohol-ralated
• 40% of the U.S. population will be involved in an alcohol/drug related car crash
• The danger of causing a FATAL car accident increases with every additional drink and, will prompt a wrongful death claim

What to Watch For

• Drivers that are swerving, driving far below or above the speed limit and/or, generally failing to follow traffic rules
• Late night driving increases interaction with drivers under the influence
• Drivers in areas with high amounts of bar, night clubs, etc...

What to Do if a Drunk/High Driver Hits You

• Contact the police & 911 (if you need medical assistance) immediately
• Collect the contact information, vehicle VIN, insurance and license of the at-fault party
• Gather witness(es) information (name, phone number, address)
• Take pictures of your car, their car and, the surrounding areas
• Take pictures/notes of how you may later show that the driver is under the influence (ex. marijuana inside of car, open containers of alcohol)
• Mention your suspicions to the reporting officer and insist that that information be recorded in their report
• Contact Attorney T. Morton @ 913.602.7288 right away, before speaking to the insurance company. We can help you recover what you deserve for you DUI/DWI, Kansas, auto accident.

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.