Missouri Personal Injury Attorney Blog

If you have been injured in a car, truck, or motorcycle accident, a thorough accident investigation can make the difference between an average settlement & a recovery that fully compensates you for medical expenses, income loss, and other personal loss.

In fact, photographs and other accident evidence are so important that our law firm offers free investigations. We do not want anything left to chance or to be delayed because I know through experience how significant a comprehensive investigation is to the claim. We can get the upper hand on the insurance companies and this helps to maximize our client’s recovery.

Although police officers or highway patrol may have performed an official investigation, we typically can not solely rely upon these reports. Most certainly, the evidence gathered and analysis of a motor vehicle accident must go well beyond, especially a truck accident or other collision involving a commercial vehicle. For instance, photographs and videos of the vehicles, roadway, and accident debris can be very helpful in establishing the force of impact between vehicles.

In the present day, maximizing insurance compensation takes special effort well before the case is presented to the insurance company representative. This is especially true in cases involving injuries to the head, brain, neck, back, or spine. Additionally, bone fractures or trauma to the joints that are disabling.

Horn Law litigates complex construction and industrial accident cases. Not only do these cases demand in-depth investigations, but also strong medical experts, including life care specialists. As well, because these type of cases always involve a substantial present and future income loss, other experts, such as an economist are necessary. We handle all types of industrial and construction related injuries. In our experience, these are the most common cases:

1. Accidental Falls. Failure to have adequate fall protection at a work site is a leading cause of accidental death. Unstable ladders also present substantial safety risks.

2. Scaffolding. Scaffolding accidents usually involve a failure of the planks or structural supports. Slip and falls and falling debris also account for serious injuries and death.

3. Toxic Exposures: Insufficient oxygen environments, chemical exposures, harmful gases, sprays, mists, and smoke can cause immediate injury and/or longer-term illness and disease.

4. Electrical Hazards: Working with electricity is always dangerous and strict guidelines must be followed or the work site is at substantial risk.

5. Fires. Most fires occur because of breakdown in safety policies, procedures, and protocols in using and storing hazardous chemicals.

Work site accidents causing serious injury and wrongful death requires detailed legal consultation and thorough investigations. We can arrange immediate no charge consultations and investigations. Please contact lead attorney Douglas R. Horn at 816-795-7500 or dhorn@hornlaw.com. Doug can put a team of experts to work for you and your family.

Several years ago I resolved a case against a nursing home that involved a course of inadequate care. The turning point in the case was the fact that the inadequate care came down to the fact that the nursing home was not properly staffed and nurses that did provide care were burdened beyond their ability to give reasonable care.

More important than lawyers or lawsuits, studies show that when people select a nursing home for a family member, they give high importance to how well the nursing home is staffed. While staffing information usually comes in the form of resident/nurse ratio, this data does not tell the whole picture. Hiring practices, selection, training, supervision, and the development of nursing policies, protocols, and procedures are all vital components of a well-staffed nursing home.

In fact, our nursing home negligence cases confirm that cases of strong liability are usually the cases where the nursing home is not properly staffed.

With regard to a recommendation, families should be informed about staffing before they place their loved one in a nursing home. However, finding out which nursing homes have adequate and properly trained and supervised staff is difficult. For instance, The Center for Medicare and Medicaid recently developed a rating system that is available on the internet in order that consumers could make better choices in nursing home placement. Unfortunately, the rating system is not really informative when it comes to critical staffing information and criteria. The best information can come from the families with current or past residents.

A further recommendation- If you already have a family member in a home, keep a good record of the names and contact information of the nurses and other employees responsible for the care. Get to know them on a first-name basis and make sure you show appreciation for their efforts. Remember, at the end of the day, the nurses or care-giver has very important responsibilities and a major impact on the health and comfort of your loved one.

While the dangers of DWT and DWI can be debated, there is no doubt that many more people are multi-tasking behind the wheel. Whether its texting, browsing, or messaging, new technologies have caused a new universe of risk when it comes to highway safety.

I have seen first-hand the devastation caused when a driver is distracted, particularly when a driver is attempting to multi-task with a hand-held electronic device. Because these accidents usually involve serious injury and/or fatalities, legal representation is necessary to recover medical expenses, lost income, and other personal loss.

While my background is that of a personal injury lawyer, I am now devoting a part of my practice to highway safety advocacy. In this regard, I am authoring a blog devoted to highway safety issues that can be found on the Highway Safety page at hornlaw.com.

In Missouri, we now have a Driving While Texting ban, but it only applies to drivers 21 and younger. This issue will be re-visited in the next legislative session and I am hopeful that Missouri lawmakers will enact comprehensive distracted driving laws that will cover all types of dangerous driver behavior.

However, because laws are not going to be enough to curb distracted driving, I am in the process of developing a public awareness campaign aimed at young drivers and their parents who model driving behaviors. Any input on this issue would be helpful to me.

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.”

Horn is in the process of developing a motorcycle safety campaign that he hopes will lead to less accidents this summer. “In all my years of representing injured motorcyclists, I have not represented a motorcyclist that wasn’t driving safe. Unfortunately, it takes more than driving at a safe speed and under control to keep yourself from a collision.

Established in 1990, the Kansas City-based Horn Law Firm is a personal injury law firm that concentrates in auto, truck, and motorcycle accidents. Although the majority of the firm’s cases are in the Kansas City Metropolitan area (Clay, Cass, Jackson, Wyandotte, Johnson counties), the firm regularly represents victims of motor vehicle accidents throughout Missouri, Kansas, and the Midwest.

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.

Truck Speed

The other significant factor in truck collisions is speed. Because truck speed is closely related to truck collisions, some states have a highway truck speed limit of 55 mph. There are, of course, a number of circumstances that cause truckers to drive at high speed. Delivery deadlines, performance appraisals, and fuel consumption (for uphill grades) can drive a trucker to push speed. Speed is an important factor in many crashes because trucks have a limited braking capacity in comparison with a car or other 2 axle vehicles. Speed is also a factor in reaction time in being able to avoid an obstacle or other traffic on the roadway.

Although witnesses are important in establishing truck speed, trucks also have on-board data recorders which record speed and other important information. It is important that I establish evidence of speed as soon as possible. With respect to the data recorders and other information within the trucking company’s control, it is important that legal counsel preserve this vital information.

Immediate Investigation

In every trucking accident, prompt investigation is a must. In cases across Missouri and the Midwest, we can make sure the truck vehicle, the truck driver, the truck company, and the crash scene are investigated with detail and the potential witnesses are sorted out.

We handle cases in the counties that border the major highway and interstates in the western part of Missouri, including Atchison, Bates, Boone, Buchanan, Cass, Cooper, Holt, Jackson, Johnson, Lafayette, Pettis, Platte, Saline, St. Clair, etc.. The fact that the accident happens in an out-laying county should not deter immediate investigation, particularly when the accident scene has been cleared within hours of the accident.

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.

In Missouri, anyone over the age of 18 can work as a Pharmacy Tech provided they register with the Missouri State Board of Pharmacy. There are no requirements or laws pertaining to the education, training or certification of Pharmacy Techs. Because of the low standards in Missouri, many Pharmacy Techs with no prior experience take jobs for wages that start under $10 per hour. Transferring more pharmacy jobs to lower-paid employees such as Pharmacy Techs helps large retail pharmacies appease corporate goals to maximize profits and prescription volumes.

The lack of education and training requirements for Pharmacy Techs ultimately puts the public at risk, especially given the important functions that they perform. Pharmacist supervision of Pharmacy Techs is not enough, as this oversight responsibility can easily be overlooked when a pharmacy is busy.

Horn Law Pharmacy Error Case Examples
Beyond prescription verification responsibilities, the citizens of Missouri might be surprised to learn that Pharmacy Techs may be called upon to perform more complex tasks such as mixing and compounding medications.

We recently resolved a case for a St. Joseph, Missouri, woman afflicted with multiple sclerosis (MS) who relied upon a special medication to slow the disease’s progress. Unbeknownst to her, her medication was compounded incorrectly by a Pharmacy Tech, resulting in an overdose of 4 times the prescribed dosage. The mistake caused violent illness. Thankfully, doctors were able to stabilize our client, although the long-term effects and her MS prognosis are undetermined.

In another recent case of Pharmacy Tech error, we are representing a client in southeast Missouri who was subjected to an overdose of thyroid medication causing short- and long-term illness and thyroid harm. A Pharmacy Tech at a large national chain store incorrectly filled a routine refill of her prescription, representing a 6.5-times increase in her regularly prescribed dosage.

These recent examples confirm our experience in other cases. Missouri Pharmacy Techs, who are not required to have any education, training or certification, are being asked to perform vital pharmacy tasks with the public safety at stake.

The Solution
If it were true that Pharmacy Techs were limited to clerk and register functions, Missouri’s present law requiring Pharmacy Techs to register would be adequate. But the fact remains that Pharmacy Techs play a very important role in the modern-day retail pharmacy. Missouri should follow many other states and require Pharmacy Techs to meet stringent requirements and certifications before they are turned loose in a pharmacy.

Ohio, much like Missouri, did not have any significant regulations governing Pharmacy Techs. That changed this past January when Governor Ted Strickland signed legislation known as Emily’s Law.

This law was enacted as the result of a medication error caused by a Pharmacy Tech that caused the death of Emily Jerry, a 2-year-old cancer patient. Emily died because a Pharmacy Tech compounded a fatal dose of chemotherapy. In 2008, with the support of Senator Tim Grendell, Emily’s Law was introduced into the Ohio State Senate. The law provides that a Pharmacy Tech be at least 18 years old, pass a board-certified competency exam and register with the Ohio State Board of Pharmacy. The law also provides new standards pertaining to training, education, criminal records and disciplinary actions.

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.

Over the years our law firm has handled over 25 cases that involve both a worker compensation and a separate auto claim. A primary issue I face in these special cases has to do with medical care for the injuries suffered by my client. In many cases it may work better for my client to follow through with their personal physician versus going to the doctor provided by worker compensation. The reason for this is that your personal physician is familiar with your medical history and will be able to provide a level of care that you are accustomed to. Not only do I want to maximize the client’s financial recovery, I also want to make sure my client gets the best medical care available.

The Horn Law Firm is based in the greater Kansas City area and handles worker compensation claims throughout western and southern Missouri, including Bates County, Benton County, Boone County, Buchanan County, Carroll County, Cass County, Clay County, Clinton County, Greene County, Henry County, Johnson County, Lafayette County, Pettis County, Platte County, Polk Couty, Ray County, St. Clair County, and Saline County.

I offer free consultations in any type of personal injury matters, including worker compensation claims. Because there are special rights and responsibilities involved with any on-the-job injury, it is important an injury victim consult with competent legal counsel as soon as possible.

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.

The other item I would mention is that a expert radiologist can help dismiss issues concerning my client’s credibility. Many neck injury cases happen due to rear end accidents where the damage to the vehicles appear to be minor. Insurance claim adjusters and defense attorneys frequently rely upon the damage of the vehicles to support their position that the impact was minor and the client could not have been injured.

Recently, I represented a client who suffered a car accident neck injury case in Clay County, Missouri. The insurance adjuster indicated to me that they were prepared to try the case to a verdict citing that my client was over-dramatizing their neck injuries, stating to me that “a picture is worth a thousand words”. Of course, they were referring to the picture of my client’s car which showed several small dents from the impact. Because we had already secured the important x-ray evidence from the radiologist, the x-ray pictures in this neck injury case proved to be worth more than a thousand words, and much more compensation for this deserving client.

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.

Over the years our law firm has successfully handled a number of wrongful death cases, including deaths arising from all types of car accidents, truck accidents, motorcycle accidents, medical malpractice, and hazardous/dangerous conditions. Additionally, we handle death cases arising from work injuries, falls, explosions, electrocutions, and chemical/toxic exposure.

Because every case has special considerations, I am prepared to help as soon as possible. Please contact me directly through secure e-mail at dhorn@hornlaw.com.

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.

All economic and non-economic aspects of the case must be considered and sometimes this requires expert opinion. We never lose sight of the longer-term aspects of a client’s injury, including the various ways the injury has effected our client’s quality of life. For instance, there are very few instances of injury to the head, neck, back, or extremities that do not impact my client’s future pain, suffering, discomfort, or their ability to work and enjoy life.

Factors relating to my client’s ability to work in their employment are also important. In many cases, my clients co-workers and/or supervisors have been very valuable in establishing my client’s pre-accident abilities in comparison to their ability to do their work after an accident. Because these type of “health witnesses” are not usually related to my client, co-workers make credible witnesses.

One final point. Over the years our clients have asked me to estimate how much their case is worth. In this regard, some have gotten the idea that their case is worth 3 or 4 times (or 5 times) the total medical expense. In my opinion this is a terrible way to evaluate any personal injury case. The case value is dependent on a number of different factors and total medical expense is only one factor that should be considered.

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.

Moreover, as cutting costs becomes paramount, truck drivers are more fatigued as they drive longer hours with less breaks. Their ability to be alert is compromised and they tend to be irritated and will drive more aggressively at a higher than safe speed.

In the trucking cases we have handled, we always hold the trucking firm responsible for maintenance, safety, and driver education cuts, breakdowns, and failures. While it is too late to save our client from injury and/or tradegy at the point Horn Law gets involved in a trucking accident, we can make a difference by aggressively pursuing the case and giving the trucking company the clear incentive to invest in safety.