Missouri Personal Injury Attorney Blog

As the weather warms, and more people are on the highways and interstates, there typically are an increasing number of vehicular accidents, particularly motorcycle accidents. According to Douglas R. Horn, Lead Attorney & Founder of The Horn Law Firm, Independence, Missouri, a large percentage of the motorcycle cases he handles involve a circumstance where a motorist pulls out in front of an on-coming motorcycle. When this happens there is not much a motorcyclist can do to avoid a collision and serious injury or death.

Without question, Horn’s first priority is his client’s recovery. “These cases require a high commitment because our client has a life-changing injury and a substantial loss of past, present, and future income. I have a high duty to maximize the insurance compensation.” said Douglas Horn. He further stated that, in his view, he has the responsibility to provide counsel and take care of details for the care-givers and the family of his client. “In the early part of the case I want my client to have the best medical care and rehabilitation in order that they reach maximum medical improvement as quickly as possible.”

Horn is also trying to make a difference for the public at large. “We need to raise awareness that motorcycles are often difficult to see even on the open roadway in the bright sunlight. Likewise, the motorcyclist must constantly anticipate that the car or truck drivers will violate the right-of- way.”

Continue reading "Kansas City Injury Lawyer Making A Difference for One & All in Motorcycle Accidents " »

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Posted In: Motorcylce Accidents

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Douglas R. Horn, Principal Partner, Horn Law

Our law firm concentrates in Missouri accident law and a primary part of our law practice deals with truck accidents that cause serious injury or death.

Over the past 5 years accidents involving big semi-trucks have been on the increase, most notably accidents that occur on Missouri interstates and highways. While there is little doubt that the large volume of highway truck traffic leads to a greater probability of truck collisions, there are other significant factors that cause collisions on the highways where traffic is moving fast.

Truck Lane Changes

Most people probably do not realize that truck drivers driving big tractor-trailer trucks have to contend with huge blind spots. In fact, these blind spots may be the root cause of most collisions when truckers attempt to change lanes. Moreover, when truckers get tired or have been on the road for a long period of time it is more probable that they will more easily neglect their blind spots. This is especially true when a truck driver does not anticipate and plan the lane change. Obviously, big trucks are not agile and can not maneuver like cars. The problem comes when a truck driver makes a decision to quick make an unplanned lane change with traffic in the rear.

From a legal recovery standpoint, the fact that a truck driver has blind spots is not an excuse. However, because the truck driver and his company will be hesitant to admit responsibility or fault for the collision, independent witnesses are vital in the changing lane case. Skid marks and debris fields at the scene are also important to establish the exact location of the vehicles at the time of impact.

Continue reading "Missouri Truck Accidents: Notable Considerations " »

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People view the pharmacy as an extension of their doctor’s office and, consequently, they have a high level of trust in the pharmacy. This trust, however, may be misplaced in the modern-day retail pharmacy. While there is no national reporting system for pharmacy errors, the Institute of Medicine and the National Association of Boards of Pharmacy estimate that at least 5 percent of all prescriptions filled in the United States every year are incorrect.

National Law Firm Often Finds Pharmacy Techs at Fault
Kansas City-based Horn Law has devoted a significant majority of its personal injury law practice to cases involving pharmacy error. We have represented individuals injured by pharmacy errors across the country since 2004.

In the course of our casework, we have identified several characteristics that lead to a mistake-prone pharmacy. While there is little doubt that overwhelmed and under-staffed pharmacies are at risk for a greater error rate, our cases confirm that pharmacy clerks, commonly referred to as “Pharmacy Techs,” often are responsible for pharmacy mistakes that injure or kill their customers.

Pharmacy Techs
The fact that Pharmacy Techs may be a primary culprit of medication errors in the pharmacy is not surprising when you consider the Pharmacy Tech’s vital responsibilities. Retail pharmacies typically depend upon Pharmacy Techs to ensure the accuracy of prescription intake, preparation and delivery. Although a Pharmacist does have oversight and verification responsibilities, the reality is that Pharmacy Techs complete the prescription work-up and preparation in most cases.

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Toward the end of last year our law firm settled a case for a man who suffered moderately severe injuries in a truck accident. The special circumstances that made this case somewhat complex was the fact that our client was in the course of his part-time employment at the time of the accident. The collision happened late at night while our client was in the course of making a delivery in a box truck. Without warning, a drunk driver hit our client’s truck at a high speed. Because he was working, his legal claims related to his injury case were special. His case is the focus of this article.

Because our client was working at a part-time job at the time he was injured, he had a claim for Missouri Worker's Compensation benefits. Under Missouri law, our client, in addition to the separate claims against the drunk driver, was entitled to three special benefits provided by his employer’s worker compensation:

1) Medical and rehabilitation treatment;
2) Compensation for his lost income; and,
3) Compensation for his permanent partial disability that resulted from the accident.

Our legal representation in his worker compensation claim insured our client could maximize
both his medical and financial recovery.

Additionally, apart from his worker compensation claim, our client had a separate claim related
to the drunk driver’s auto insurance coverage. It was vitally important to our client that we
worked to maximize his claim against the drunk driver. This claim covered items not obtainable
under the worker compensation claim, including claims related to our client’s past, present, and future pain, suffering, discomfort, and mental anguish associated with his accident injuries and his medical recovery.

The reason zealous legal representation was so important in this case is because there are special legal complexities involved in a case with both worker compensation claims and separate claims against those who caused the accident injuries. In this case, because my client made a financial recovery on the claim against the drunk driver, the law provides that the worker compensation insurance company will be entitled to a reimbursement of the benefits they paid in the case. This reimbursement law is why it was so important to maximize the recovery on the drunk driver claim.

Continue reading "Worker Compensation Benefits Related to On-The-Job Car & Truck Accidents" »

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Our law firm concentrates in personal injury claims arising from car accidents and other vehicular collisions. A large majority of the cases we handle involve injuries to the head & neck. As a result of our experience in dealing with insurance representatives and defense attorneys in hundreds of neck injury cases, the following provides insight into the important issues that concern “medical causation”.

When I first meet with a client that has suffered a neck injury in a vehicular collision, in many cases my client does not show any demonstrable sign of neck injury. Our client usually has been to the hospital emergency room where a set of cervical spine x-rays have been taken. The x-rays are read by a hospital radiologist who states the x-rays are “normal” and the injured client is released from the hospital with medication prescriptions and a suggestion to go to their personal physician if the pain gets worse.

When this circumstance arises in our office, I immediately consider retaining an independent radiologist to read the client’s cervical x-ray films. The reason I do this is because I know the hospital radiologist probably read the x-rays as “normal” because he or she did not see any apparent fractures. In fact, when our expert radiologist reads the exact same hospital x-ray films there is a good probability that they will find vertebral misalignment and/or a reversal of the normal cervical curve. If evident on the x-ray films, these kinds of abnormalities (vertebral misalignment, loss of cervical curve, etc.) can be vital in showing the collision was the direct cause of the traumatic injuries.

I take great care in selecting the independent radiologist who will read my client’s films. Preferably, I want a radiologist with a chiropractic background. This is because chiropractors are very concerned with the vertebral positioning and the objective of their treatment is to restore proper positioning in order that the injured patient’s cervical spine can be restored to normal function. I also want an independent radiologist who will have the added benefit of teaching the jury that vertebral abnormalities create pressure on the nerve roots that exit the spinal column in the cervical region. In my experience, a medical doctor, a physical therapist, or a chiropractor can never take the place of a qualified radiologist in proving medical causation related to a neck injury.

Continue reading "Car Accident Neck Injuries: A Picture is Worth a Thousand Words. " »

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Posted In: Motor Vehicle Accidents

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From personal experience, I know the overwhelming grief and sorrow associated with losing a family member as a result of a tragic accidental death. I understand that the family of the deceased needs various forms of comfort and assistance to help them through this trying time.

As well, in the wrongful death cases I have handled, I am always concerned with sparing the family the agonizing process related to the official investigations, reports, and the legal process as a whole.

This is why early legal consultation and representation are vitally significant. While the legal recovery may be the last item of consideration to the grieving family members, in the weeks and months to follow the legal case will be tremendously important and may be the only source of
justice for the family.

From my professional experience, I know that early independent investigation is of chief importance in most cases of wrongful death or serious disabling injury. This is especially true in car and truck accidents, or in any fatality that occurs on the roadway. While many people rely upon Highway Patrol or local police investigations, these investigations are often done quickly under adverse circumstances. Moreover, because of the legal issues that will eventually arise in the case, an investigation of the accident scene is the preferred way of securing physical and photographic evidence.

Physical evidence such as surface conditions, obstacles, sun position, skid marks, etc. all may have a bearing on the investigation and fault aspects of the case. In some cases, an expert in accident reconstruction or a dangerous condition expert may be necessary to solidify the fault. Beyond the physical evidence, an early law firm investigation can identify all types of witnesses. In our past cases, witnesses identified in the early investigation have made a substantial difference in the case.

Continue reading "Missouri Wrongful Death Cases - First Considerations " »

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If you have ever been victim of a car accident, you are aware of the frustration and uncertainty
associated with the insurance claim process.

At the outset there is the claim involving the damage to your car. This is commonly referred to as the property damage claim. Most property damage claims can be settled directly with an insurance company adjuster because the fair value of the vehicle or the car repairs can be easily determined. However, in some property damage cases, legal consultation with a car accident attorney can be helpful to sort issues concerning release documents, title issues, rental car coverage, etc..

If you have suffered an injury as a direct result of a car accident, legal representation by an attorney is necessary in order to obtain a fair and full settlement of an injury claim. This is because injury victims are entitled to compensation for their medical treatment expense, lost income, pain, suffering, discomfort, disability, emotional damages, etc., and the calculation of the total claim value can be involved. Moreover, the legal and medical issues are complex which demands legal representation from a lawyer who concentrates in personal injury law.

Although nothing takes the place of talking to an injury attorney about your claim, following are several considerations to take into account.

First, it is important to realize that insurance company representatives and claim adjusters are not working for your best interests. Instead, claim adjusters are interested in “adjusting” your claim and paying you a “discounted settlement.” While the insurance company is contractually bound to protect their insured (usually the other driver), their ultimate goal is to settle the claim quickly and cheaply thereby saving their company thousands of dollars in claims settlements.

When an attorney is hired on behalf of the injured client, the client immediately gains leverage over the settlement process. What I mean by “leverage” is that a capable attorney can file the case in the proper court of law if the insurance company refuses to pay the full value of the claim. Over the years I have exercised this leverage and court litigation is one way I obtain full compensation for my injured clients.

However, it is important to note that, in most cases, before I file a lawsuit in an injury claim case, I attempt to fully exhaust settlement possibilities with the claim adjuster.

It has been my experience that most insurance company adjusters are well trained in the claim process and have a basic understanding of medical and rehabilitation treatments and procedures, including chiropractic treatment and physical therapy. Thus, in preparing the case for productive settlement negotiations we are diligent in putting together a package of investigative and medical documentation that establishes the full value of our client’s case. We take into account every aspect of our client’s daily life and the future prognosis.

Continue reading "Settlement of a Car Accident Injury Claim " »

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As the economic downturn deepens, expect a rise in truck accidents to cause a greater number of personal injury and wrongful death claims across the nation.

It can not be denied that the risk of motor vehicle accidents, including motorcycle collisions, are substantially increased as a direct result of business and industry budget cuts, particurlarly in the trucking business.

Specifically, as trucking firms reduce costs to keep their profitability margins, proper truck maintenance, safety programs, and driver training fall by the wayside.

For instance, when truck tires and wheels are not been properly inspected and maintained, the results can be tragic, especially at highway speeds. Tire underinflation, mechanical wear, and mismatched dual assemblies are common semi-truck tire maintenance issues that can cause tire failure and blowouts. Further, other internal truck malfunctions, such as those occurring in the steering mechanism and brakes, also increase as those are maintenance issues that can not be easily spotted in routine inspections.

Safety training and other company programs to help new and existing truck drivers with the safe operation of a tractor-trailer are also neglected when times get tough. Trucking companies know that safety and driver education programs all contribute to safe truck operation, but they are willing to put their own truck drivers and the public at risk as the pressures mount to keep costs down.

In a depressed economy, as firms try and limit transportation and delivery costs, semis and other trucks are frequently improperly loaded. When a semi-truck is not properly loaded or carrying too much weight the potential for collisions, tip-overs, or accidents with other vehicles greatly increase.

Continue reading "Truck Crashes - Personal Injury & Wrongful Death - Expected to Increase as Economy Slides " »

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Posted In: Trucking Accidents , Work Injuries , General Information

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All states have laws on the books concerning drunk and intoxicated drivers and recently many states have tightened up their law as jurisdictions across the U.S. attempt to curb drunk driving. Specifically, many states and other legal jurisdictions have lowered the BAC (blood alcohol count) threshold, which is the legally accepted standard by which the law enforcement may determine a driver's level of intoxication.

While lower BAC thresholds have resulted in more criminal prosecutions of drunk drivers, victims of a drunk driver continue to need aggressive legal counsel to obtain full and fair compensation for their injuries and other damages.

Over the years I have represented approximately 90 different clients who have fallen victim to a personal injury caused by a drunk or intoxicated driver. Most of these cases have been in Jackson County, Missouri or in one of the surrounding counties to the Kansas City Metropolitan area. In most of these drunk driving cases my client has suffered a significant injury and it has been vital that I recover full insurance compensation for my client.

From a legal perspective, it is important that all reports setting forth the level of intoxication be obtained by the attorney for the injured person. In many cases, the investigating police officer or law enforcement will prepare an "Alcohol Influence Report". This is separate report from the customary police report. The Alcohol Influence Report provides valuable information about the drunk driver's condition at the accident scene, admissions, and state of mind.

Moreover, in many cases the cell phone records of the drunk driver are valuable in either confirming or disputing the drunk driver's testimony. There are also a host of other investigative and background information about the drunk driver that can complete a proper legal representation of someone harmed by a driver under the influence of drugs, alcohol, or any illegal substances.

Continue reading "Motor Vehicle Accidents involving Drunk and Intoxicated Drivers " »

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Generally, most people agree with the idea that technological advances have made our society safer. This is especially true when it comes to traffic and roadway safety. Improvements in road design and traffic control have made a big difference in curbing vehicular collisions. Also, the development of the air bag and other improvements in vehicle design have significantly contributed to the safety of the motoring public.

However, the advent of cell phone might cause you to re-think the general proposition that new technology leads to a decrease in your risk of harm.

Because our law firm handles a fair number of motor vehicle accident injury and fatality cases, I have seen the devastation that can be caused by a distracted driver using his or her cell phone.

Studies have proven that drivers using a cell phone have a substantially reduced reaction time and nearly all people who use cell phones in their vehicles will admit to near-miss accidents. Even drivers using a so-called "hands free" cell are at risk for distraction as many phones are used for other functions such as texting, e-mail, & listening to music.

Our law practice is based out of Kansas City, Missouri and we handle many vehicular and truck collisions in the surrounding areas incorporated within Jackson County, Clay County, Platte County, Cass County, Johnson County, Lafayette County, Saline County, Boone County, and other places of high truck traffic and congestion.

As trucks cris-cross Missouri, many truckers rely upon their cell phones for communications and are more at risk to become distracted, especially at night or when they are tired and/or fatigued. Because the problem of distracted drivers is having an impact on safety ratings and profits, many commercial trucking and delivery companies are setting forth new policies against portable electronic device use while operating trucks or other large vehicles.

Continue reading "Motor Vehicle Accidents on the Rise as Technology Advances " »

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The FDA recently announced plans for a pilot project to help pharmaceutical companies select safer drug names. By “safer,” they mean names that are less likely to cause medication errors, which are the most common type of medical mistakes that are made.

Within the category of medication errors, mistakes most often involve a drug with a similar name to the medication a doctor actually prescribed. The Associated Press reported in September that drug name mix-ups account for about 25 percent of the 1.5 million Americans estimated to be harmed each year from medication errors.

Some estimates put the number of deaths due to pharmacy errors at 7,000 each year. Another startling statistic is that about 5 percent of all prescriptions filled annually in the United States are incorrect.

In my firm’s experience representing victims of medication errors, about 60 percent of our cases involve drugs with those that have a name similar to the prescribed medication. Take Lamictal and Lamisil, for example. They sound similar but are very different drugs: Lamictal is a medication sometimes prescribed for patients with epilepsy or bipolar disorder. Lamisil is used to treat fungal infections in fingernails or toenails. Serzone and Seroquel also sound kind of alike, but Serzone is for depression, and Seroquel is for schizophrenia.

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Posted In: Medication Errors , General Information

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When it comes to medication errors, some populations are more vulnerable than others. Take the elderly, for example. A U.S. Pharmacopeia study confirms that older people are more commonly affected by medication errors than other age groups.

This is true for a few reasons. Because the elderly are more likely to be taking multiple medications – sometimes prescribed by multiple doctors – they are more susceptible to harmful drug interactions. Elderly people are also more trusting, and so they are less likely to question health care providers or the medications they are taking. Also, physical ailments such as decreased mental capacity or vision difficulties make it more difficult for an elderly person to catch a mistake.

Ironically, some studies show that elderly patients may be at greater risk of falling victim to medication errors when they are confined in a hospital or nursing home. Many factors come into play that increase the risk of a medication error within a health-care facility, including over-burdened nurses, pharmacists, and doctors.

Continue reading "Medication Error Risks Involving the Elderly" »

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