Missouri Personal Injury Attorney Blog

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.

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.

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.

It is important to know that a victim of a drunk driver can not depend upon the Prosecutor, Criminal Court Judge or anyone associated with the criminal prosecutiuon to help with enforcing the rights of a victim, even a victim who has suffered a serious injury.

The Prosecution and the Criminal Court's responsibility is to enforce the criminal laws of the state or legal jurisdiction. While a victim may be called as a witness in the criminal prosecution of the drunk or intoxicated driver, the purpose of the prosecution is to punish those who have broken the law.

Thus, in the end, fair compensation for the victim usually requires an attorney who has a law practice concentration in drunk driving cases and is solely committed to advancing the client's case.

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.

At our law firm we do full investigations and discovery related to cell phone use by a driver who causes an accident. We frequently obtain cell phone records to gain valuable information that can help establish our case.