Schmitt Mulhern, LLC

Kansas City Personal Injury Law Blog

What to do after buying a house with asbestos

Asbestos is a common material that contractors used in building construction for several decades. It was primarily used throughout the 1930s, '40s and '50s. Asbestos is typically found in painting products that contractors used until 1977. 

Researchers have linked asbestos to several significant health problems, such as mesothelioma, so homeowners should stay away from it at all costs. However, it is not uncommon for people to buy a house and discover later the house contains asbestos. There are steps to take to ensure this does not happen and recover damages in case it does. 

What to do if you're in an Uber accident

The busy roads of Kansas City, Missouri, are full of vehicles of all kinds. Some of those, naturally, are commercial vehicles. Correspondingly, there are a significant number of commercial vehicle accidents, including ones that involve drivers for services like Uber. That leaves many people wondering what their legal options are in those cases.

The initial impulse of someone whose person, vehicle or property was hit by an Uber driver, or who was in an Uber car that crashes, might want to sue both the driver and the company. However, drivers for ride-sharing services like Uber and Lyft are not employees of those companies. They are independent contractors, and their status as such affects how the company pays them and lets the company deny liability for accidents that the drivers cause.

Top 3 mistakes to avoid during your personal injury case

When someone else's negligence causes you to suffer serious injuries, seeking legal recourse can offer you the best option. The proceeds of a lawsuit can help cover medical bills, lost earnings and other types of losses. An experienced attorney can assess the strength of your case and advise you as to the best way forward.

However, even a very strong case can take a serious hit if you do not take care to avoid these common missteps.

How to talk to teens about car accidents

Being able to drive a car for the first time is an exciting experience for teenagers. However, it is also a dangerous one. The Missouri Primary Care Association found that teens are more likely to be in a car accident when compared to adults. Part of this is due to the fact that teens are more likely to not understand when they approach a dangerous situation. 

Parents looking out for the best interest of their teens should talk to their kids and set clear boundaries in regards to driving. A simple talk can do wonders for reducing a teen's risk of being in a car accident

Investigation into fatal accident proceeds step by step

Throughout Kansas City, Missouri, business people, families and other travelers rush on the roads to get from where they are to where they want to be. Some take less care than they should to respect others on the roads, which makes truck accidents and car accidents common. Those accidents can result in loss of life, injuries, damage to vehicles and other property, and the need for those involved to pursue legal action with the help of their attorneys.

One recent accident drew particular attention because it resulted in the deaths of two very young people, a 16-year-old girl and a 3-year-old boy. It sparked outrage from many who read and watched the media reports about it, and there have been calls for an expedited investigation. However, the Kansas City Police Department's supervisor of accident investigation says that investigating accidents, including those that involve fatalities, is not a quick process. Indeed, he said, it can often take two months or more as investigators take their time to gather information, analyze it and come to conclusions. Once they do, they make decisions about criminal charges.

5 common bad faith insurance tactics

Dealing with an injury after an accident is bad enough, but insurance companies can make it worse. If your insurance company is not holding up its end of the bargain, you might go without the compensation you need to recover. Your insurance company must thoroughly investigate and settle claims in a timely and honest manner. 

Sometimes, insurance companies may partake in unfair or dishonest practices, known as acting in bad faith. Here are some common bad faith tactics: 

Be careful when hiring a charter bus company

There are a wide array of vehicles on Kansas City, Missouri, roads. Correspondingly, there are occasionally commercial vehicle accidents. Those accidents include charter buses, so anyone choosing to use a charter bus company for the transportation of their group should do so carefully.

Charter bus companies are often hired by schools, but many of those charter bus companies have a less than satisfactory rating. Ratings are assigned by the Federal Motor Carrier Safety Administration (FMCSA). Of course, that is cause for concern. Fortunately, there are some things that you can do to protect the lives of those in your group when looking for a charter bus company to transport them.

Asbestos: Responsibilities landlords and tenants have

Although the rate of asbestos-filled residences has declined over the last few decades, many people still suffer from its presence. According to Asbestos Nation, anywhere between 12,000 and 15,000 die as a result of asbestos exposure in the United States every year. 

Asbestos can lead to a number of health problems, including lung cancer, asbestosis and mesothelioma. Anyone who owns a rental property needs to take care of any instances of asbestos before renting out to tenants. There are steps both landlords and tenants can take to ensure the house or apartment remains habitable.

Could you have a wrongful death case?

When someone you love dies in an accident or as a result of negligence, there is no right way to react, nor is there a wrong way. All feelings are equally valid. One thing that is all but certain, however, is that you have a lot of emotions to process at the same time that expenses build up. Furthermore, if it was your spouse who died, you could also be dealing with a loss of income.

It might not even have crossed your mind that you could have a wrongful death case. When someone is killed in, say, a car accident, then wrongful death may be more obvious. However, it is possible to sue for wrongful death (and win) in cases such as defective products, medical error, premises liability and more.

Can you recognize the symptoms of traumatic brain injury?

One of the more debilitating conditions that can arise from an accident is traumatic brain injury. Typically occurring as a result of sustaining an impact to the head, the top causes of TBI include falls and car accidents.

TBI can be complicated to diagnose and expensive to treat. Those who suffer this type of trauma due to another person's negligence may be able to obtain compensation through a personal injury lawsuit.

Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.