Monthly Archives: March 2014

Kansas Nursing Home Negligence – Signs That Your Loved One Has Been Physically Abused

Many Kansas nursing home patients receive outstanding care from nursing home medical professionals on a regular basis.  However, there are also a significant number of nursing home patients who are physically or verbally abused on a regular basis.  Because many nursing home patients may not be able to verbally communicate their feelings and concerns to nursing home personnel and/or their loved ones, abuse is often overlooked.  A patient may wish to share his or her concerns, but simply does not have the power to do so.  If your loved one is receiving care in a nursing home and you suspect your loved one is being physically abused, you should consult with a Kansas nursing home negligence attorney right away.

How Do I Know If My Loved One Has Been Physically Abused?

Signs that a nursing home patient has been physically abused include, but are certainly not limited to, the following:

  • Cuts or scrapes;
  • Bruising on any part of the body;
  • Swelling or bleeding;
  • Pressure marks (often resulting in bed sores due to patient neglect);
  • Signs of poor hygiene;
  • Signs that the patient has soiled him or herself (i.e., not receiving proper assistance in order to use the restroom);
  • Burn marks; and
  • Depression (i.e., if the nursing home patient generally seems unhappy, unmotivated, sad, and in emotional pain).

It is very important to understand that physical and other forms of abuse may not be discovered for quite some time after the abuse has begun, as many nursing home patients do not see visitors on a regular basis.  Further, it is also important to remember that physical abuse is not limited to one individual literally hitting a nursing home patient in some way.  Physical abuse can also be present in the form of neglect.  As such, neglect of a nursing home patient can certainly lead to physical injuries, and thus could be considered physical abuse.

Should I Complaint to the Nursing Home? 

If your loved one has suffered physical or verbal abuse, you may consider voicing your own concerns to nursing home staff members.  However, if you are unsure how to approach the situation, you may benefit from the guidance and assistance of a Kansas nursing home negligence attorney who has the necessary experience to evaluate the specific facts of your case and provide you with what options you may have.

While it is acceptable for a loved one to complain to nursing home staff regarding the poor quality of care, abuse or neglect of a patient, such complaints may lead to further harm if nursing home staff become upset or defensive after becoming aware of the complaints.  In such cases, a qualified Kansas nursing home attorney can help you address the concerns you may have with the quality of care your loved one is receiving in a nursing home.

Contact Kansas City Nursing Home Negligence Attorney Michael R. Lawless Today for a Free Consultation

When loved ones are placed in nursing homes, the hope we have is that our loved ones will receive the quality care they deserve and improve their health enough to be able to eventually leave the nursing home.  However, instead of receiving quality medical care, many nursing home patients are suffering from the negligent conduct of nursing home personnel.  Patients are physically abused much more often than many people realize.  When you or your loved one has suffered harm as a result of nursing home abuse, it is imperative that you consult with a highly skilled Kansas nursing home negligence attorney as soon as possible as you may be entitled to compensation.  With more than 27 years of experience seeking justice for his clients, Michael R. Lawless has the dedication and resources to pursue a personal injury case on behalf of you or your loved one.  To schedule a free consultation, contact Michael R. Lawless, PA today by calling (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to you as soon as possible.

Kansas Auto Accidents – What is the Independent Medical Examination (IME)?

Auto accidents can range from being very minor, annoying occurrences, to being major catastrophic events that result in substantial physical injuries or death.  Auto accidents are a fact of life, as people are bound to hit one another while sharing the roads.  Along with the stressful and painful process of dealing with insurance companies, you may also find yourself in a legal battle if another person was at fault for causing the accident that resulted in your suffering.

Filing an Auto Accident Personal Injury Lawsuit

When you seek compensation from a responsible party in an auto accident case, you will be dealing with the other driver’s insurance company more so than the other driver him or herself.  As part of this process, you may be required to undergo what’s called an “Independent Medical Examination,” also commonly referred to as “IME.”  This is an evaluation done by a physician chosen by the defendant driver’s automobile insurance carrier.

As such, the evaluation results regarding your injuries and whether or not they are related to the auto accident may not be as impartial as you hope.  Physicians performing these examinations are paid for their services, so while there are certainly physicians that will provide an honest, impartial evaluation, there are other physicians who may not be as forthcoming in linking your injuries to the auto accident.  Because the IME is a crucial part of your auto accident case, it is imperative that you allow a qualified Kansas auto accident attorney to help you through the IME process as far as how the process works, and what you should expect from the examination.

What Happens During the Independent Medical Examination?

A physician chosen by the defendant driver’s insurance carrier will complete a full physical evaluation of you in addition to reviewing your medical records that document you suffered injuries following the automobile accident.  The physician will then formulate an opinion as to whether or not he or she believes your current injuries and related symptoms are a direct result of the automobile accident caused by the negligent driver.  Because this physician is chosen by the defendant driver’s insurance carrier, do not be surprised if the opinion is not helpful for your case.  For example, the physician may suggest that your current injuries were really caused by a preexisting condition or preexisting injury that occurred before the automobile accident in question.

The most important thing you or your loved one can do when undergoing an IME, is to be sure you bring someone with you to the examination, whether it is a spouse, a family member, or a close friend.  Having a witness to confirm what occurred during the IME can be very helpful if there is a discrepancy between what you remember from the IME and what the physician remembers from the IME.  While the IME is certainly not a fun process, it is required in most auto accident cases, and with the help of a skilled Kansas auto accident attorney, you will have peace of mind that you are doing everything you need to do to help your potential case. 

Contact Kansas City Auto Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has suffered injuries as a result of a car, motorcycle, trucking, or any other automobile accident, you may be entitled to compensation if your injuries were caused by another person’s negligent conduct.  As part of dealing with the aftermath of an automobile accident, you may be faced with a medical evaluation that will be very important for your potential personal injury case.  If you believe another person is responsible for the injuries you or your loved one has suffered, it is important that you consult with a qualified Kansas auto accident attorney right away.  Michael R. Lawless is a Kansas auto accident and personal injury attorney with more than 27 years of experience helping his clients receive the compensation they deserve.  To schedule a free consultation to discuss your potential auto accident case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Auto Accidents – Filing a Third-Party Vehicle Damage Claim

Physical health and safety are the most important things to consider after an automobile accident has occurred.  Automobiles are replaceable, but people are not.  Therefore, whether or not your car may be drivable after an auto accident should be the least of your worries.  After you have recovered from your injuries, you can then start to think about what happens with your damaged or totaled vehicle.  Most auto accident cases address personal injuries that are suffered as a result of a driver’s negligent conduct.  However, in addition to personal injury lawsuits, people may file a third-party claim against the negligent driver, and such claim is defended by the negligent driver’s insurance carrier.

After the Automobile Accident

After you have been involved in an automobile accident, you will likely be in close communications with both your automobile insurance carrier, and another driver’s insurance carrier.  If you have suffered injuries as a result of the accident, you may file a personal injury lawsuit against the allegedly negligent driver.  In addition to this lawsuit, you may seek to recover the costs of repairs made to your car, but this particular claim is completely separate from any personal injury lawsuit.  In order to seek compensation for vehicle damage, you will need to file a third-party claim against the allegedly negligent driver.  As with personal injury actions, the other driver’s automobile insurance carrier will be defending any claim filed against the driver.

You will need to get at least one repair estimate that calculates what the total cost would be to fix your vehicle.  While you are not required to get more than one estimate, it is advisable that you obtain at least two or three estimates simply for comparison.  You will then need to provide the estimate or estimates to the other driver’s insurance adjuster.  If the other driver was truly at fault for the accident that caused your vehicle damage, the insurance company is likely to offer you a particular amount to settle the claim.  Further, the insurance company does have a right to inspect your vehicle for the damage and/or get its own estimate for how much repairs will cost.

As with many things in life, you may not be happy with the compensation that is offered to you for purposes of repairing your car.  You may negotiate with the other driver’s insurance adjuster to determine what a fair settlement amount is.  In such cases, you should consider having a Kansas auto accident attorney standing by your side to help you through the negotiation process.  With the help of a qualified Kansas auto accident attorney, you are less likely to be taken advantage of by the insurance adjuster during the negotiation and settlement process.

Contact Kansas City Auto Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been involved in an automobile accident, and you believe you may be entitled to compensation either for the injuries you have suffered, or to cover the cost to repair or replace your vehicle, it is essential that you consult with a Kansas auto accident attorney as soon as possible.  Not all auto accidents are treated alike, and each potential case deserves the attention of an attorney who will thoroughly evaluate your potential claim.  With more than 27 years of experience, Kansas auto accident attorney Michael R. Lawless has devoted his practice to helping his clients receive the compensation they deserve for the harms they have suffered.  If you would like to schedule a free consultation to discuss your potential case, please contact Michael R. Lawless, PA today by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Trucking Accidents – The “Black Box” Event Data Recorder

Trucking accident cases can be much more difficult to resolve than your ordinary auto accident.  With trucking accidents, the truck driver involved is typically working in the course of his or her employment at the time an accident occurs.  Therefore, if you have been injured because of a truck driver’s negligent conduct, you will likely be dealing with not only the truck driver, but also the truck driver’s employer.  Further, trucking accident cases can be difficult because there are so many different variables to take into consideration.  Because such cases can be complicated, it is imperative that you speak with a Kansas trucking accident attorney right away, as an attorney can quickly seek to recover all of the key evidence and other information that is important for your potential trucking accident claim.

What is the “Black Box” Event Data Recorder?

Many people have heard the term “black box” and the relation of black box recorders to aircraft.  Along with aircraft, most commercial semi-trucks or tractor trailers have what’s called an Event Data Recorder (EDR) present on the truck to gather and track key information that may be extremely helpful when determining the cause of any given trucking accident. This device is able to gather data that can help your attorney determine what happened before, during, and after the trucking accident that caused your injuries.  For example, if certain trucking equipment was not working properly at the time of an accident, the black box device may be able to shed light on what caused the malfunction.

The black box device may also provide information on the truck driver’s driving patterns, as to a change in speed, when the truck driver used his or her brakes, and even how long the truck driver had been driving.  The amount of information available from a small device can be immensely helpful in resolving your potential trucking accident claim.  For example, if you suspect the truck driver may have fallen asleep prior to colliding with you, the truck’s black box recorder may reveal that the truck driver failed to use his or her brakes prior to the collision, and these two pieces of information can help to prove that the truck driver negligently caused the accident.

Because information extracted from the black box recorder is so crucial, it is imperative that you act quickly to consult with a Kansas trucking accident attorney.  There is always the risk that evidence may be lost or destroyed following a trucking accident.  Therefore, your attorney may not be able to recover the black box recorder, and use information gathered from the recorder to support your trucking accident claim.  As such, the sooner you are able to speak with a Kansas trucking accident attorney, the sooner you will be able to seek resolution of your trucking accident case.

Contact Kansas City Trucking Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been involved in a trucking accident, it is essential that you consult with a Kansas trucking accident attorney right away, as you may be entitled to compensation.  Trucking accidents can have devastating consequences, leaving you permanently injured, and changing your life forever.  You may no longer be able to work due to the injuries you suffered from a trucking accident.  Kansas trucking accident attorney Michael R. Lawless has spent more than 27 years helping injured victims receive the compensation they deserve from suffering life-altering injuries.  To speak with Michael Lawless regarding your potential trucking accident claim, contact Michael R. Lawless, PA today by calling (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Auto Accidents – Filing a Third-Party Vehicle Damage Claim

Physical health and safety are the most important things to consider after an automobile accident has occurred.  Automobiles are replaceable, but people are not.  Therefore, whether or not your car may be drivable after an auto accident should be the least of your worries.  After you have recovered from your injuries, you can then start to think about what happens with your damaged or totaled vehicle.  Most auto accident cases address personal injuries that are suffered as a result of a driver’s negligent conduct.  However, in addition to personal injury lawsuits, people may file a third-party claim against the negligent driver, and such claim is defended by the negligent driver’s insurance carrier.

After the Automobile Accident

After you have been involved in an automobile accident, you will likely be in close communications with both your automobile insurance carrier, and another driver’s insurance carrier.  If you have suffered injuries as a result of the accident, you may file a personal injury lawsuit against the allegedly negligent driver.  In addition to this lawsuit, you may seek to recover the costs of repairs made to your car, but this particular claim is completely separate from any personal injury lawsuit.  In order to seek compensation for vehicle damage, you will need to file a third-party claim against the allegedly negligent driver.  As with personal injury actions, the other driver’s automobile insurance carrier will be defending any claim filed against the driver.

You will need to get at least one repair estimate that calculates what the total cost would be to fix your vehicle.  While you are not required to get more than one estimate, it is advisable that you obtain at least two or three estimates simply for comparison.  You will then need to provide the estimate or estimates to the other driver’s insurance adjuster.  If the other driver was truly at fault for the accident that caused your vehicle damage, the insurance company is likely to offer you a particular amount to settle the claim.  Further, the insurance company does have a right to inspect your vehicle for the damage and/or get its own estimate for how much repairs will cost.

As with many things in life, you may not be happy with the compensation that is offered to you for purposes of repairing your car.  You may negotiate with the other driver’s insurance adjuster to determine what a fair settlement amount is.  In such cases, you should consider having a Kansas auto accident attorney standing by your side to help you through the negotiation process.  With the help of a qualified Kansas auto accident attorney, you are less likely to be taken advantage of by the insurance adjuster during the negotiation and settlement process.

Contact Kansas City Auto Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been involved in an automobile accident, and you believe you may be entitled to compensation either for the injuries you have suffered, or to cover the cost to repair or replace your vehicle, it is essential that you consult with a Kansas auto accident attorney as soon as possible.  Not all auto accidents are treated alike, and each potential case deserves the attention of an attorney who will thoroughly evaluate your potential claim.  With more than 27 years of experience, Kansas auto accident attorney Michael R. Lawless has devoted his practice to helping his clients receive the compensation they deserve for the harms they have suffered.  If you would like to schedule a free consultation to discuss your potential case, please contact Michael R. Lawless, PA today by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.