Evidence is absolutely essential in proving facts at issue in a legal dispute. Because of the critical nature of certain evidence in demonstrating fault in a personal injury suit, it is important to prevent a party whose fault is at issue from engaging in a practice called spoliation. Spoliation of evidence is the destruction, disposal, […]
Continue reading Spoliation of Evidence: What Is It And How To Avoid It
Tags: personal injury
Tort reform refers to proposed changes in our civil justice system that aim to reduce the ability of victims to bring lawsuits for their damages or to reduce damages they can receive. For several decades, large businesses, the insurance industry, and even our politicians have been telling us that tort reform is needed to stop […]
Continue reading Do We Really Need Tort Reform?
Tags: personal injury
On June 14, 2019, the Kansas Supreme Court issued a ruling that will change the landscape of personal injury matters in the state of Kansas. In a reversal of the decision by the Court of Appeals, the Supreme Court ruled that the statutory damages cap on non-economic damages was unconstitutional because it violated a plaintiff’s […]
Continue reading Hilburn v. Enerpipe – Kansas Supreme Court Rules Damages Cap on Non-Economic Damages is Unconstitutional
Tags: personal injury
With any blow to the head or body, there is a risk of a concussion (a/k/a mild traumatic brain injury or mild TBI). While a mild TBI can occur with a loss of consciousness, they can also occur without a loss of consciousness. A mild TBI is defined as a traumatic brain injury accompanied by […]
Continue reading Can A TBI Occur Without Loss of Consciousness, and Why Is A Loss of Consciousness Sometimes Not Identified in EMS or ER Records?
Tags: brain injury, traumatic brain injury
It is possible to suffer from a concussion without ever experiencing an impact to your head. A concussion may be caused not only by a direct injury to your head, but also by a whip-lash type injury that causes your head and brain to shake quickly back and forth. It may be from a fall […]
Continue reading I Didn’t Hit My Head – How Do I Still Have a Concussion?
Tags: brain injury, traumatic brain injury
The infamous McDonald’s Hot Coffee Lawsuit is often lauded as an example of “frivolous lawsuits” brought by people who are just trying to scam businesses into paying them money. The insurance industry and the Chamber of Commerce have worked very hard to use this lawsuit to make people in the United States believe that tort […]
Continue reading The Truth About the McDonald’s Hot Coffee Lawsuit – What Really Happened
Tags: personal injury
If you are pursuing a personal injury case against an at-fault driver or at-fault party, and you are a military member on active duty or a veteran, you may find that either Tricare or Veterans Affairs (VA) has asserted a lien on any settlement or judgment you could receive.
Continue reading How VA and Tricare Liens May Affect Your Personal Injury Settlement
Tags: liens, personal injury
If you have been injured in an accident and Medicaid has paid for any of your medical care, Medicaid will have a lien on your settlement, which means that it is entitled to be reimbursed from your settlement.
Continue reading Medicaid Liens on Your Personal Injury Settlement
Tags: liens, medicaid liens, personal injury
When you get your personal injury settlement, various creditors may attempt to assert liens on your settlement that entitles the lien holder to some of your settlement money. While the most common liens are asserted by medical providers and health insurers, two liens arise from personal obligations. These include liens for past-due child support and […]
Continue reading How Past-Due Child Support and Case Advances Can Affect Your Personal Injury Case
Tags: liens, personal injury
In Missouri and Kansas, ERISA liens are becoming a more common issue for people injured due to another person’s negligence. While ordinarily health insurance companies in Missouri and Kansas are prohibited from being reimbursed out of a settlement or judgment, Self-Funded ERISA Plans have a right to be reimbursed if the Plan language indicates such […]
Continue reading Liens on Your Personal Injury Settlement: Self-Funded ERISA Plans
Tags: insurance, liens, personal injury
