Note: Attorney Doug Horn, a Kansas City personal injury lawyer, will be a featured presenter in a national webinar, Proving Traumatic Brain Injury, being broadcast on September 23, 2019. The continuing legal education presentation is sponsored by the National Business Institute (NBI) and is designed to for attorneys who want insights on how to better handle brain injury cases. Continue reading “Brain Injury Lawyer Seeing An Increase in Head Injuries From Car Crashes”
- Only One Settlement.
In the typical case, an injured person is entitled to only one settlement. Therefore, the settlement better be a fair and full settlement. One that accounts for all of the past, present, and continuing damages to the injured person.
- Claims Adjusters “Adjust” Claims.
The insurance adjuster is there to “adjust” claims in favor of the insurance company. If the injured person does not completely and properly document his or her damages, the insurance company will substantially reduce the claim.
Injury Claims Are Complex
When dealing with an injury claim, an injured person should be cautious about talking with a claims adjuster. While a claims adjuster may be able to help resolve damage to property (ie: car damage), personal injury claims are more complex.
The reason why personal injury claims are complex is because the injured person has incurred past, present, and continuing damages. There are 3 levels of compensation that need to be accounted for in the injury claim. If you leave out one of these areas of compensation, the injured person is going to receive a low settlement.
Many injured persons accept low settlements because they have not properly documented (to the claims adjuster) all of the past damages, including his or her medical expense, lost income and job benefits, loss of household services, and other personal financial loss. The claim adjuster is not going to assume anything- they want evidence. A basic part of my job as a personal injury lawyer is to make sure all past damages are accounted for.
Present & Continuing Damages
Most injuries that require medical treatment and rehabilitation involve longer term effects. For instance, if a person suffers a head or neck injury, that type of injury will undoubtedly have longer range effects. First, there will likely be periodic pain, discomfort, and physical restrictions because of the traumatic injury. Those are important factors in calculating the total damages in the case.
Moreover, because of the traumatic injury, the injured person will have to learn how to manage his or her injury. Injured people manage injuries in different ways. They avoid activity, curtail activity, take medications for pain control, use home remedies, change work responsibilities, etc.. When a person is forced to manage an injury, that is what we call a compensable injury. In other words, an injured person should be compensated for the loss of quality of life they have incurred as a direct result of the traumatic injury.
While not every injury case is appropriate for legal representation, legal consultation is almost a necessity. Whether be by phone or in the law office, legal consultation will give you the insights into how maximum recovery can be obtained. “Maximum recovery” is the standard we must operate by in every case. It is recovery that accounts for all of the past, present, and continuing damages suffered by the injured person. If the personal injury settlement is not a maximum settlement, the injured person is forever cut short.
In the case of my law practice, legal consultation is always free of charge. While I like to meet people at one of our convenient consultation offices, phone consultation can always be arranged at 816-795-7500.
Sincerely, Doug Horn
Last year a young college student was a passenger in a vehicle that was struck at the intersection of 63rd Street and Paseo Boulevard. The young man was immediately taken to Research Medical Center, where he was treated for head, back, and facial injuries. While the head and back injuries were treated quickly and did not require follow-up treatment, lacerations and puncture wounds caused a good deal of scarring to his chin, just below his lower lip. Although the scarring has improved with time, it is still very noticeable. It is now time to evaluate what constitutes a fair and full legal recovery for the young man against the insurance company for the driver at fault. Continue reading “Scarring from Accident Deserve Special Treatment in the Legal Recovery”
If you or someone you know has suffered a head injury, you know that can result in serious consequences. Even minor head injuries can traumatize the brain resulting in the loss of mental/physical function and significantly diminishing the victim’s quality of life. Continue reading “Helping Head Injury Victims Fully Recover in Insurance Claims”
Here I am with my friend and neighbor, Larry Vilmer. Even though Larry was diagnosed with ALS last year, and the disease progression has occurred, his good nature, kindness, and high spirits have been so encouraging to many in the Kansas City community that are raising funds to help find a cure for ALS (Amyotrophic Lateral Sclerosis), also known commonly as “Lou Gehrig’s Disease. Continue reading “Friend of Horn Law Advancing Cure for ALS”
The general rule is that if your injury requires hospitalization and/or rehabilitation treatment (physical therapy, chiropractic care) legal representation is going to be substantially beneficial in reaching a fair and full settlement in your claim. Continue reading “More Tips for Hiring The Right Personal Injury Lawyer”
If you have suffered a concussion and are now considering an insurance company offer of settlement, it is a good idea to get a legal opinion before you sign on the dotted line. Continue reading “Be Very Cautious in Settling Concussion Claims”
This Thursday marks the 241st anniversary of the adoption of the U.S. Flag. On June 14, 1777, the Second Continental Congress, created the Flag in just one sentence. Continue reading “National Flag Day June 14, 2018”