Archive for category Car Accident Lawyers
Legal News Missouri Kansas Health Insurance A Double Edged Sword in Car Accident Claims
Posted by Lawyer in Car Accident Lawyers on July 5, 2012
What is the Collateral Source Rule?
The collateral source rule is a common law rule that has been applied to personal injury cases to prevent a defendant, also known as a tortfeasor, from introducing evidence to a jury of collateral source payments (such as health insurance) that could reduce the defendant’s liability to an injured party. Its purpose was to hold the defendant liable for the entirety of his or her negligent behavior, rather than benefiting from a collateral source.
Does the Collateral Source Rule Still Exist in Missouri & Kansas?
Within the past few years, the collateral source rule has become a thing of the past, which has worked to reduce a plaintiff’s potential recovery if the plaintiff had the benefit of health insurance. The collateral source has been referred to as a windfall for the plaintiff. Unfortunately, the move away from the collateral source rule seems to have become a windfall for the defendant. In reality, the ones that are really benefitting are the big insurance companies.
The collateral source rule still exists but in a much more limited capacity. Now it only prevents defendants from introducing the source of the collateral payment. For example, a defendant can introduce evidence that out of $15,000 in medical expenses, only $5,000 was paid and the other $10,000 was adjusted or written off. The defendant, however, cannot introduce evidence of whether the plaintiff’s medical expenses were paid by private health insurance, Medicaid, or Medicaid.
Legal Post 7 Common Injuries Caused by Car Accidents – Kansas
Posted by Lawyer in Car Accident Lawyers on June 29, 2012
If you are involved in a car accident, you should seek immediate medical attention. Following an accident, you may not notice your injuries right away but that does not mean you weren’t injured. Sometimes car crash injuries can take several days to fully present themselves. Below is a list of 7 common motor vehicle collision injuries:
- Head Trauma – Whether you sustain a mild concussion or a car accident traumatic brain injury (TBI), there is no such thing as a minor head injury and immediate medical attention is required. TBIs are more common in T-bone collisions but can occur in rear-end accidents and speeding collisions as well. The Kansas City brain injury attorneys at Castle Law Office know how serious a head injury can be and can get you started on the right path to recovery.
- Neck Injuries – Whiplash is likely the most common auto accident injury. It does not take much to sustain this injury, especially in a rear-end collision in which your neck is thrown quickly forward then backward, damaging muscles and ligaments. Usually car wreck whiplash results in neck pain and stiffness. The greater the car collision impact, generally the more significant the neck injury.
- Back Injuries – These can range in severity and are some of the more painful injuries sustained in a car accident, from herniated discs to compression fractures. Car crash spinal injuries can cause numbness and tingling in the arms and legs and some auto accident back injuries result in permanent disabilities.
- Chest Injuries – The chest often sustains seatbelt injuries because in a car crash, particularly a head-on collision, because the seatbelt pulls tight across the chest as your body continues to move forward. The chest is also vulnerable to air bag injuries due to the high impact on the chest when airbags deploy, causing difficulty breathing, painful bruising and even fractured ribs.
If you or someone you love has suffered a serious injury caused by a negligent driver, contact the experienced Kansas City car accident lawyers at Castle Law Office for your FREE consultation. We work on a contingency fee basis.
Legal News Roger Clemens verdict Not guilty on all six counts
Posted by Lawyer in Car Accident Lawyers on June 18, 2012
After eight weeks, 46 witnesses, two dozing jurors and an estimated $2-3 million spent in taxpayer money, the Roger Clemens trial is finally over.
The verdict: Not guilty on three counts of making false statements, not guilty on two counts of perjury and not guilty on one count of obstruction. The charges stemmed from testimony that Clemens made in Feb. 2008, telling a Congressional committee that he had never taken steroids or HGH.
Reader Comments
Dave . New York, New York . 5 minutes ago Report Abuse
More of your tax money down the drain…viennaroast789
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Attention, Tulsa, Oklahoma drivers! Find out your state’s safety grade in national study
Posted by Lawyer in Car Accident Lawyers on June 7, 2012
Laws regulating Oklahoma auto accidents might seem strict. But a national safety study recently gave Oklahoma a low grade for injury prevention. On a scale of 10, Oklahoma received a score of five.
Oklahoma also ranked 6th highest in the nation in a state-by-state analysis of injury fatality rates for 2007 through 2009, according to the same national study. A total of 83 people per 100,000 died due to a fatal injury during that time period. New Mexico had the highest injury fatality rate nationwide, with 97.8 deaths per 100,000 people.
The report entitled “The Facts Hurt” examined a wide range of factors, including each state’s laws concerning seat belts, bicycle helmets and car booster seats. Each state’s safety grade was based on statewide auto accident injury and fatality statistics. See: personal injury attorney oklahoma Injury prevention grades also took into account factors such as motorcycle helmet laws, federal funding for injury prevention efforts and other strategies to designed to save lives and reduce serious injuries.
“There are proven, evidence-based strategies that can spare millions of Americans from injuries each year,” said Jeff Levi, Executive Director of The Trust for America’s Health, which co-authored the study with the Robert Wood Johnson Foundation. “This report focuses on specific, scientifically supported steps we can take to make it easier for Americans to keep themselves and their families safer.”
Oklahoma drivers face all sorts of hazards every day on the road. Just recently, a 34-year-old man from Oklahoma died on Interstate 44 in Grady County when the tread separated on his tire and his vehicle struck a guardrail, according to NewsOn6.com. The accident may be grounds for a defective tire lawsuit.
