Archive for September, 2011

How “Visibly Intoxicated” Is Proven in Dram Shop Cases

Monday, September 19th, 2011

If you were driving home one night and were hit by a drunk driver, whom would you sue? Some people who were injured by a drunk driver are choosing to sue the bar or restaurant that served the drunk driver alcohol. These cases are called “Dram Shop” cases. Injured parties sue the bar because they enabled a driver or over served someone too much alcohol. These cases are not easy to prove, but they can be won in Missouri.

The Missouri Statute lists three main parts in Dram Shop cases. The first restriction is that the suit has to be filed by the person who suffered the injury or on the behalf of someone who died in the accident. The second restriction is that the case must be filed against the person that is licensed to sell alcohol at the bar or restaurant. The third restriction is that there must be clear evidence that the bartender or seller knew that the person was intoxicated and proceeded to give that person more drinks. It can be hard to prove because it relies so much on personal testimonies.

The first step in making this case is to find out where the person was served alcohol, and it may be hard to find people to volunteer that information. Even more difficult than that is finding proof that the person driving the vehicle was noticeably intoxicated. This is hard because you have to find someone who remembers the driver drinking at the bar, and then the person must be willing to testify in court. Because this is so difficult, many times these types of cases use breathalyzer tests and a toxicologist’s testimony to prove that the person driving was visibly intoxicated. A lot of times, the drunk driver may not have insurance, and if he or she does, it is very little.

In most cases, it is not enough to cover the damages of the injured party. This is why the person that was injured may consider filing a claim again the bar or restaurant serving the alcohol. Recently in Missouri, the court ruled that the visible intoxicated part of the law could be proven without direct evidence. Because of this, an eyewitness’s testimony is not required in Missouri.

We listen to our clients and follow through on our commitments. We will give you the quality service and personal attention that you deserve. From our offices in Kansas City, we help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities. For primary startup and general information our offices are located at 1718 WALNUT, KANSAS CITY, MISSOURI 64108, or we can be reached locally through phone at (816) 472-HOPE (4673), fax at (816) 472-5464, or our TOLL FREE number at (877) 535-1163.

When Hospitals Become Deadly

Thursday, September 1st, 2011

The emotional toil the death of a loved one takes on the family can be drastic. The loss is compounded when it was the result of the negligence of another. Retain services of an experienced attorney that is knowledgeable in wrongful death claims in of vital importance.

The statue concerning wrongful death are specific about which individuals have the right to file claims, the damages that can be recovered and a critically important timeline. It is overwhelming to lose a loved one as a result of negligence but you must contact an attorney as soon as possible in order to meet deadlines, handle things appropriately, and are compensated or able to recover damages. Depending on the variety of situations that may have caused the death, there are many procedures to follow and much research to be done.

Are you aware of the increased rate of death on weekends compared to weekdays for individuals admitted to the hospital?

We often believe that hospitals and emergency care facilities are proper staffed and experienced to handle any situation. Recent studies show that belief may be a false case scenario. Traumas common or uncommon to emergency rooms whether weekends or weekdays are not the cause. The increase in weekend deaths admitted to the hospital is primarily due to hospital error and insufficient staffing and handling of chronic and long term medical conditions. This increase rate would easily be corrected with proper hospital manage of personal, nurses and doctors.

Emergency personal generally have a step by step procedures to follow in handling trauma situations. These specific steps prevent many emergency deaths from occurring. The rate of trauma patient’s life to death ratio does not vary between weekdays and weekends. Patients that are seen and/or admitted in hospitals over the weekends with chronic problems such as heart problems, blood clots, female issues, nervous systems and respiratory issues were more likely to die on the weekends. This is highly likely the fault of the hospitals failure to proper staff, run appropriate tests and failure to meet the more common needs of patients on weekend without attempting to postpone proper care until the weekdays.

Losing a loved one is always traumatic and difficult. If you feel you have wrongly or you loved one hasn’t received appropriate care resulting in a tragedy or loss, seek legal counsel immediately. If you feel the loss of your loved one could have been prevented, let us assist you.

Let the attorneys at Hubbard & Kurtz, L.L.P provide quality, effective legal representation. We have the trial experience to present your case to a judge and jury.

Contact us today to schedule an appointment by calling (816) 472-HOPE(4673) or toll free at (877) 535-1163.Some of our clients find it difficult to make the trip to our law firm. We make house calls and other special arrangements to make sure every client has access to high quality, professional legal service. From our offices in Kansas City, we help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities.