Recent Blog Posts

The Difference Between Workers' Compensation and Personal Injury Settlements

Kansas City Personal Injury Attorney — Tue, 24 Apr 2012 00:20:00 GMT

Settling a workers’ compensation claim is unlike settling a personal injury case like a car accident or slip or trip and fall in many ways. Although both generally consist of an agreement by the insurance company to pay the claimant compensation in exchange for the injured person dropping their claim, the are practical differences.

The biggest difference is that workers’ compensation claims require court approval. Once settled, a form is presented to a workers’ compensation administrative law judge requesting approval of the settlement. The form helps the judge determine whether the claimant has been released from medical care and whether the claimant understands the rights he or she is giving up by settling the claim. Your settlement can only happen if approved by the judge.

Another major difference is that the money you get in a workers’ compensation claim is not meant to compensate you for all of your losses. In a personal injury case, you are entitled to compensation for medical bills, wage loss, and pain and suffering, among other things. In workers’ compensation claims, the money you receive is related to your level of impairment or disability after an injury. You get no money for pain and suffering and only partial compensation for wage loss. For this reason, you generally get less money in a comp claim than a personal injury claim.

A good difference between workers’ compensation settlements and personal injury settlements is that the attorney’s fees in comp claims are 25%, but are 33% to 45% in personal injury cases. So, although you get less money in workers’ compensation claims, your Kansas City personal injury attorney’s fees are usually less.

There are other differences between workers’ compensation settlements and personal injury settlements. If you would like to find out more, please contact our office at any time.

Remington Firearms May Have a Defective Trigger

Meyerkord & Russell — Wed, 18 Apr 2012 17:58:00 GMT

NBC recently reported a story about defective triggers in Remington firearms. The defect causes the weapons to discharge when they are dropped or suffer some type of shock; even when the safety is engaged and the trigger isn't pulled. The questionable trigger system is in multiple Remington models dating back decades and has injured countless people. Here is a link to the original story:

http://rockcenter.msnbc.msn.com/_news/2012/04/11/11148671-owners-of-some-remington-shotguns-rifles-claim-pattern-of-inadvertent-discharges

If you believe you or a loved one has been injured because of this, please contact a Kansas City personal injury attorney at our office today. We can review your case, help you take the first steps in filing your claim, and guide you through the legal process, all will ensuring your rights are protected and advocating for maximum compensation. We offer a FREE consultation to all clients, so call today!

Experts

Kansas City Personal Injury Attorney — Mon, 26 Mar 2012 23:27:00 GMT

Sometimes personal injury cases require the use of experts to help prove a certain part of the case. For example, in a medical malpractice case, you need to hire a doctor to say the one you are suing was negligent. You don’t need an expert in every case and the decision to hire one depends on many factors. Here are a few we consider when deciding to hire an expert.

Is it required? Like I mentioned above in medical malpractice cases, sometimes the law requires you hire an expert to prove your case. When the fact you are trying to prove is something the average person is not qualified to talk about, then you need an expert. The average person cannot say whether a doctor acted negligently, so we need an expert doctor in medical malpractice cases to make that connection. Sometimes we need a doctor in a run-of-the-mill personal injury case to say that the negligent act caused a certain injury because the average person cannot make that connection.

Is it worth it? Experts require payment upfront for their services which the lawyer advances for the client. That then becomes an expense on the case that is deducted from the final settlement or judgment amount and erodes the client’s net recovery. If the expert is so expensive that his or her fees eat up too much of the recovery, it may just not be worth it. However, it the expert’s testimony increases the value of the case exponentially, it may in fact be worth it.

Will it benefit the case? Some facts that can be testified to by the average person could also shored up by expert testimony. However, we always need to ask ourselves, will it help? If not, it won’t be worth the expense. For example, in a car accident case, the average person can testify about the rules of the road and whether the defendant broke those rules. A liability expert probably would not add much to a car accident case, so we almost never use one.

If you think your case might benefit from an expert, a Kansas City personal injury attorney would be happy to talk to you about it. We consult with experts frequently and are familiar with the ins and outs of their work. Contact our office today for a consultation.

Hiring a Lawyer

Kansas City Personal Injury Lawyer — Mon, 05 Mar 2012 23:40:00 GMT

There are many things you should consider when hiring a lawyer for your personal injury case. I'm going to list a few major things here, but this list is by no means exhaustive. This is because the most important thing is how well you get along with the lawyer. How well you get along depends on you as an individual and you and the lawyers' personality, which is why this is not an exhaustive list.

You need to be certain the lawyer is qualified to handle your type of personal injury case. Some lawyers will specialize in only one area of injury law such as medical malpractice or product liability. These lawyers may not have the experience to handle a slip or trip and fall case or a car crash case, and vice versa for lawyers who specialize in car accidents or slip/trip and falls. Be sure and ask your potential lawyer if he or she specializes.

You should also be sure that your lawyer has the know-how and resources to try your case to a jury. Though most lawyers will try and settle a case without going to trial (and most cases settle before trial), the lawyer must be willing and able to go the distance if necessary.

Another important thing your lawyer should possess is past experience and success. This is especially true in cases with very serious injuries or where it might be difficult to prove negligence. If you have a straight forward case, past experience and success is less important.

These are but a few things you should consider when hiring a Kansas City personal injury lawyer. If you would like to find out if we would be a good fit for your personal injury case, please contact us at any time.

Permanent Total Disability

Kansas City Personal Injury Lawyer — Thu, 01 Mar 2012 20:33:00 GMT

If you are hurt at work in Missouri and you have a major injury, you may be a candidate for a permanent total disability award in your Missouri workers' compensation claim. Missouri's comp system provides benefits for the degree of impairment you have after an injury. Sometimes, no matter how much medical care you get (surgery, physical therapy, etc.), you're just not as good as you were before; you have at least some degree of permanent impairment. This is called permanent partial disability in Missouri. In these cases, you still have some use of the injured body part.

Sometimes, though, your injury is so severe that the disability is no longer partial, but rather permanent. In these cases, you no longer have any use for the injured body part. If this impairment costs you your job and makes you unemployable, then you may be entitled to weekly payments from the workers' compensation carrier for your lifetime.

These cases require proof, however, that you are unemployable in any capacity because of your injury. This requires the testimony of an expert called a vocational rehabilitation specialist. These experts are familiar with job requirements, the job market, and what training is required to make someone employable. They can testify whether a person's injury, combined with their education and skill level, make them employable. If they are not, then they likely entitled to weekly payments for their lifetime.

If you've been injured on the job in Missouri and your injury is so severe that you lost your job, you may be entitled to lifetime weekly payments. A Kansas City personal injury lawyer from our firm handle Missouri workers' compensation cases and will be able to help you with your claim.

Your Right to Trial by Jury in Personal Injury Cases is Guaranteed by the Missouri Constitution

Kansas City Personal Injury Attorney — Tue, 14 Feb 2012 19:25:00 GMT

Filing a personal injury case in court and trying to a jury is a constitutional right in the State of Missouri. Section 14 of the Bill of Right in the Missouri Constitution says, "That the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice shall be administered without sale, denial or delay." Section 22(a) of says that "the right of trial by jury as heretofore enjoyed shall remain inviolate."

Sometimes personal injury victims are reluctant to go to court to obtain compensation for their injuries. They may feel like they are a drain on the system or that their case may be perceived as frivolous or clogging up the courts. They don't want to be perceived as being part of "the problem". This should never be the case. You should look at your right to go to court like your right to vote or bear arms. It's written in the constitution and it is afforded to every person. There should be no guilt or reluctance in exercising this constitutional right.

I also believe that people should view any attempt to hinder or reduce the right to trial by jury as a trampling of their constitutional rights. I believe that laws such as tort reform, medical malpractice reform, and employment discrimination reform are invasions of our constitutional rights.

If you have been injured in Missouri because of someone else's negligence, you have the right to go to court to obtain compensation for your injuries no matter how big or small your case is. The right is afforded to every person and it should be exercised without guilt or hindrance if necessary. Seek the support you need by contacting an experienced Kansas City personal injury lawyer from our legal team. We understand the guidance you need during this tough time, call the firm for more information today.

The Insurer-Insured Privilege - (A Reason to Talk to an Attorney Before You Talk to the Insurance Company)

Kansas City Personal Injury Attorney — Sun, 05 Feb 2012 21:30:00 GMT

Oftentimes when we get a call about a new case, the potential client has already given a recorded statement to the potential defendant's insurance company. Cooperating with an insurance company is a good way to settle the case before incurring the cost of litigation. However, talking to an insurance company before consulting with an attorney may put you at a disadvantage when negotiating with the insurance company later.

Whenever an insurance company may be liable for someone's injury, the company will typically take statements from their insured (the person who cause the injury) as well as the injured person as quickly as possible. When it is a liability insurer, they are already acting as an attorney for their insured. Missouri law recognizes a privilege not to disclose communications between an insurer and an insured.

The privilege flows from the attorney client privilege, which means that communications between an insured and his insurer don't have to be disclosed if those statements are made in anticipation of litigation. Missouri courts have stated that the insured and injured person are in an adversarial relationship. Insurance companies act out of out of their duty to defend people they insure and are presumed to be collecting information for their soon-to-be-retained attorney. Therefore, any statements made by an insured to an insurer are privileged and protected from disclosure.

This means that if you give a statement to the insurance company they will know your and their sides of the story. You may be left in the dark as to anything the insured or employee of the insured said. For example, suppose you're in a car accident where the other driver is at fault and he refuses to give a statement to the police. Later, when you make a claim against his insurance company, they will ask to record your statement and ask you a number of questions. You will not have a right to what the other driver has to say until you file a lawsuit and take his deposition. This may be months or even years after the accident. Even then, you won't know what he told his insurance originally and the story may have changed or adapted based on what you told the insurance company.

None of this kills a case. This blog is only to illustrate how you can be at a disadvantage by cooperating with an insurance company before consulting a Kansas City personal injury attorney. The law recognizes that litigation is pending after an accident and so should you.

Gathering Medical Records

Kansas City Personal Injury Attorney — Fri, 03 Feb 2012 21:26:00 GMT

Personal injury cases can take a long time. I've blogged about it before, and it's always on my client's minds. One of the reasons why a personal injury case can take so long is because of the time it takes to gather medical records. This process is generally the longest in any personal injury matter, whether it's a car accident, slip or trip and fall, wrongful death case, or anything else. Here are a few reasons why.

The release of medical information is a highly regulated process. The Health Insurance Portability and Accountability Act of 1996 was enacted to protect patient privacy and came with several sections pertaining to what is required to obtain someone else's health information. It also contains harsh penalties for health care providers who release medical information without a patient's permission (and for good reason). Because of this, however, hospitals and other health care providers are very serious and particular about sending a client's medical records. They make sure we've crossed out t's and dotted our i's. Although the privacy protection is a good thing, it makes the process of getting medical records very tedious.

Medical records retrieval can also take a long time because we want all our records to be certified. In order to use medical records at trial in a personal injury case, the custodian of those records (the doctor or hospital), must verify that they are a true and accurate copy of the records. This is done by the health care provider signing an affidavit of authenticity that they send along with the records. If the health care provider doesn't have a notary or is unfamiliar with the affidavit process, it could add several days or even weeks to the medical record retrieval process.

Because medical records retrieval is so detailed and can take up so much time, we out-source the process to specialist. That's right, medical records retrieval has gotten to the point that there are businesses that do only that. Outsourcing this allows our Kansas City personal injury attorneys to focus our resources on other parts of the case and ensures that the records are obtained as expeditiously as possible.

If you have question about the medical records retrieval process in your personal injury case, please do not hesitate to contact us at any time.

Why Unelected Judges Are a Good Thing

Kansas City Personal Injury Attorney — Wed, 25 Jan 2012 00:24:00 GMT

Oftentimes you'll hear politicians rail against unelected judges and that there is a lack of accountability in the judicial system. However, these attacks miss the very purpose of the judiciary, which is to be a neutral arbiter of the law. Judges and courts are an essential branch of the government, and function best when nonpartisan.

Judges have tremendous job security. Article III federal court judges are appointed to the bench by the President with the advice and consent of the Senate. A federal court judge serves for life and may only be removed by impeachment by the House and conviction by the Senate. This has only happened eight times in the history of the U.S.

In Missouri, the Missouri Plan is used to appoint circuit judges in Jackson, Clay, Platte, Green, and St. Louis counties since 1940. The Missouri plan is a nonpartisan plan where these counties have judicial commissions made up of the chief judge of the court of appeals where the county sits, two attorneys elected by the Missouri Bar and two citizens selected by the governor. An appellate commission also exists which is made up of the chief justice of the supreme court, three attorneys elected by the Missouri Bar, and three citizens appointed by the governor. When there is a vacancy on the bench, the corresponding commission selects three candidates, and the governor selects the judge from those candidates. Further, voters get to vote on whether to retain that judge after their first year and every so often after that. Only two circuit judges have ever been removed in a retention election.

In exchange for this job security, the judicial branch has the least power of the three branches of government. The executive branch runs the government day-to-day and controls the military. The legislature controls the purse-strings and codifies laws. The judicial branch resolves disputes that are brought before it.

The judiciary has no power to go out and find disputes. It merely rules on controversies brought before it. When a party thinks a judge got something wrong, they have the right to appeal and have that decision reviewed by a panel of appellate judges. And when an unpopular decision is made and upheld, oftentimes the legislature can make a law to undo the court's interpretation.

An unelected judiciary is essential because judges must be neutral arbiters of the law. This often means that judges make unpopular, but correct, decisions. If a judge was forced to think about his or her own job security before making a ruling, this would obviously impact the accuracy of the rulings. Unlike a politician, a judge has to do what is right, not what is popular.

If you would like to speak with an experienced Kansas City personal injury attorney about whether or not unselected judges are a good thing then you should contact Meyerkord & Russell today. Our firm handles a wide variety of personal injury related accidents including car accidents, truck accidents and pedestrian accidents. Don't hesitate to call the firm for more information today.

When Are You Compensated in Personal Injury Cases

Kansas City Personal Injury Lawyer — Wed, 11 Jan 2012 00:39:00 GMT

Personal injury accidents can exact a heavy financial toll on people and knowing when you can be compensated in your case is an important matter. Motor vehicle accidents, trucking accidents, wrongful death and slip or trip and falls can cause you to incur medical bills, lose time and wages from work, or even cause you to lose your job. This puts you in a tough spot economically.

Unfortunately, compensation in a personal injury case does not happen until the end of the case. The money you get in personal injury cases is meant to be compensatory and make up the harms and losses you've incurred, and any insurance policy that would cover your loss won't pay out until the end. Also, you only resolve a case once. If you take any money as settlement of a case, you cannot ask for more later if you incur additional damages. For these reasons, we always wait until we know the full extent of your damages before trying to resolve it. This doesn't happen until the end.

So, what can you do if you're in a tough spot economically because of a personal injury accident? Sometimes there is insurance coverage that will pay you for damages as they are incurred. This type of coverage, could med-pay or no-fault coverage, typically covers a physical place like a store or a car. It is not mandatory so may not be available in every case. If you have outstanding medical bills, you can ask the provider to hold off on collection until your personal injury case is resolved. They are not required to do so and may not agree, but a Kansas City personal injury attorney from our firm has had success doing this in the past.

There are other options available, and I would be happy to discuss those with you if you or a loved one finds yourself in a tough economic spot because of a personal injury accident. Contact the firm for addtional information.

Law Suit "Must Haves"- A Compensable Injury

Kansas City Personal Injury Attorney — Sat, 07 Jan 2012 00:20:00 GMT

Oftentimes, we receive new client calls where the potential client went through a traumatic, scary, or embarrassing situation, but did not suffer a physical or economic injury as a result of someone else's negligence. This is important because the law only offers certain remedies, usually in the form of money damages.

The purpose of a law suit is to make the plaintiff "whole" again by making the defendant or wrong-doer pay for his or her bad act. However, many cases involve irreversible life changing injuries. A court does not have the power to restore a person's body, or give them back lost time. What a court can do is try to convert those damages to a dollar value, and that is a substitute for the loss that the plaintiff suffered.

For a court to award monetary damages though, there must be a compensable injury. That means there must be some physical or economic injury to the plaintiff (with limited exceptions). All of the other factors for a negligence suit could exist, but without damages, there is no suit. For instance, suppose you are driving in your car and another driver runs a red light. That driver comes within inches of hitting you but, thankfully, misses your car and you escape shaken, but uninjured. While this may have been a scary event, and certainly the other driver acted negligently in running the light, you have not suffered an injury for which a court may award damages.

If you have been injured in an accident and would like to discuss seeking compensation then you should contact a Kansas City personal injury attorney from Meyerkord & Russell. At our law firm will be able to guide you through the legal process and ensure you receive the legal attention you need. Contact the firm to schedule a free consultation today.

What's Taking So Long?

Matthew D. Meyerkord — Wed, 21 Sep 2011 03:51:00 GMT

As a Kansas City personal injury attorney, I handle all of my cases on a contingency fee basis. Under this arrangement, my fee is collected at the end of the case, at the same time my clients get their money. Because of this, it is beneficial to both me and my clients to move cases forward towards resolution as quickly as possible. However, there are some things out of my control that sometimes slow cases down.

One of the most common things that slow cases down is waiting for my clients to be released by his or her doctors. It is important to know the extent of medical care that you will need before moving forward because the cost of that medical care is something you are entitled to be compensated for. If you try and resolve a case while still under a doctor's care, you might miss some later medical costs which will go uncompensated. Remember, you can only settle a case once. It's therefore important to know what kind of medical care you will need before trying to settle.

Another thing that can slow cases down are court deadlines and time limits allowed by law. If your case can't settle out of court and you have to file suit, judges will often set deadlines in lawsuits. These are usually set backwards from the trial date which, unfortunately, is often set more than a year out from the date the suit is filed. Furthermore, the law provides time limits for responses to certain requests and motions. These time limits can be as long as 90 days. Both deadlines and time limits are often out of the attorney's control and can make a case drag out.

There are other circumstances that can slow down a personal injury case. Thankfully, though, there are also tools we can use to speed things up. And with careful planning that comes with experience, case delays can be minimized. If you've been involved in an accident or think you might have a valid personal injury claim, please contact my firm today to arrange a free consultation.

Premises Liability and Waivers in Apartment Leases

Matt Meyerkord — Wed, 22 Jun 2011 16:45:00 GMT

Apartments leases sometimes have clauses in them that try to limit or prohibit your rights to recover from your landlord in premises liability incidents in the common areas of your apartment complex. Apartment owners are liable for injuries that occur in common areas of an apartment complex due to dangerous conditions such as ice and snow. However, some apartment owners try to limit their liability in these situations by forcing people who want to rent their apartments to sign leases that have liability waivers in them.

Although these types of clauses are allowed under Missouri personal injury law, they must meet certain requirements in order to be enforceable. They must explicitly state that the limitation of liability extends to negligence or other fault of the landlord. Not only does this require that the landlord make its waiver of liability clause unambiguous, but it mandates that it be understandable as well. In fact, the law requires that someone trying to read and understand the clause should not need a magnifying glass and dictionary.

If you have a slip or trip and fall case that happened in a common area of your apartment complex, and you think your claim may be barred by a waiver of liability clause in your lease, it is important to see an attorney who understands the law on these types of clauses. As a Kansas City personal injury attorney specializing in premises liability cases, I can answer your questions on these issues. Contact the firm today.

Jury Trials - Opening Statements

The Meyerkord Law Firm of Kansas City — Fri, 17 Jun 2011 21:15:00 GMT

Last week, I blogged about jury selection in Missouri personal injury trials and its importance. After jury selection, the next important thing in a jury trial, and the next event in the trial, is opening statements. Opening statements are when the parties tell the jury what the case is about. Particularly, the parties describe to the jury what the evidence will be throughout the trial. It's essentially an overview of what the case will be.

My practice in opening statements is to lay down what the rule of the case is and describe how the defendant broke the rule. I learned this from practice and study of other great trial lawyers. The technique is simply to state what people or companies are expected to do in situations such as your clients and how they didn't do that. For example, in a motor vehicle collision case involving a rear-end collision at a red light, I will tell the jury that people are expected to pay attention at all times and make sure you see what can be seen. If you fail to do that, and someone gets hurt, you are responsible for their injuries. I then describe how the defendant failed to keep a careful look-out and rear-ended my client.

The goal is to keep your rules simple; so simple that not even the defendant can disagree with it. Then describe to the jury how the evidence will show that the defendant violated the rule.

If you have a Missouri personal injury case and are concerned about having a jury trial, Contact our firm today.

Jury Selection

The Meyerkord Law Firm of Kansas City — Mon, 13 Jun 2011 16:45:00 GMT

Jury selection, called voir dire, is probably the most important part of any Missouri personal injury jury trial. Jury selection is the part of the trial where you pick your jury from a panel of prospective jurors. In Missouri, the panel consists of citizens of the county in which your case is being tried. A jury coordinator will send out jury duty summons to people whose names have been randomly drawn from registered voting rolls and other civic databases. These people will then show up for jury duty on a given day. A judge will make sure they are qualified to serve on a jury and then pick 35 to as many as 300 or more to serve on a panel, depending on the size of the case. From those people, a jury of 12 people plus a few alternates will be chosen.

The primary goal of jury selection in any personal injury case is not to choose who you want to serve on your jury, but to dismiss those who you do not want to serve. Any number jurors can be stricken for cause by the judge, but only a few, usually 3 per side, can be stricken by the parties. It is important, therefore, to delve deeply into jurors' attitudes and beliefs about a variety of topics in order to determine if they biased enough to be stricken for cause. If a juror demonstrates a belief or a strong feeling that would prohibit him or her from following the law in the case, then he or she must be stricken for cause.

Because of the importance of jury selection, entire books and classes are taught on the subject. It takes years or practice, study and experience to master the process. As a Kansas City personal injury attorney, I have tried numerous jury trials, studied and applied the latest techniques of voir dire, and am continuously honing the craft. If your personal injury case is one of the few that can't settle before trial, with the Meyerkord Law Firm of Kansas City, you can rest assured you will have the best jury trial. Contact the firm today.