This is important: do not provide authorization.

“Why?” you might ask. “It’s my own insurance company.” That may be true, but there’s nothing certain about car accidents and insurance benefits until all claims are resolved. Technically, the at-fault driver’s insurance will provide compensation for medical treatment and car repairs, but if there’s no clear fault assigned, both drivers’ insurance companies will limit their liability as much as possible.

That’s where your medical records come in. Here’s the key thing to remember about medical authorization releases: unless otherwise stated, they provide total access to your medical history. If you have any part of your medical history that insurance companies could use to argue against you, then your claim may be devalued and you’ll lose your ability to collect all of your benefits.

For example, if you suffered a neck injury in your crash, that could result in substantial compensation for you: physical therapy, chiropractic care, rehabilitative items like neck supports, etc. However, if your insurance company finds that you had a neck sprain a year or two prior to your accident, even if it doesn’t factor into the crash, they may use the information to lower your benefits.

HOW HAVING AN ATTORNEY CAN HELP YOU

It is possible to provide a partial release that only provides adjusters with the records that have to do with your car accident and nothing more. However, doing so requires an understanding of the medical records and insurance systems. Otherwise, you run the risk of opening yourself up to a loss of privacy regarding your medical history.

That’s why turning to a car accident lawyer in Kansas City is so vital for our clients—we protect their rights against insurance companies before a trial case becomes a possibility. By protecting your privacy early in the process, we can keep your claim as strong as possible, whether or not you pursue compensation in court.

If you’ve been in a car accident recently and you want to make sure your rights are protected, contact Adler & Manson today. We have more than 65 years of combined experience fighting for Kansas City residents, and we’ve secured more than $80 million for our injured clients. Call (816) 333-0400 so we can speak in a free legal consultation to discuss your options and begin work on your behalf.

When a boating accident occurs, there are a few immediate risks. First of all, there usually aren’t seatbelts or any safety harnesses of any kind on boats. So a collision can cause the people on board to be flung, at high speeds, into some dangerous objects. At the same time, they could be flung off the boat, a huge risk in its own right. There’s also the possibility that a fire or explosion is caused by colliding boats, which could cause catastrophic or fatal injuries to those on board.

Another element with boating is that, sometimes, the operator of the vessel may be intoxicated. Boating under the influence cases are uncommon, but they do happen. And an intoxicated boat operator can, and should, be held liable for the accident that he or she causes.

Anyone who does not respect the water can truly cause some very unfortunate incidents, and when these incidents occur, the victim (or victims) need to act. If you give us at Adler & Manson the chance to represent you with your boating accident case, will will do everything we can to help you achieve the legal result you desire. Nothing is a given, but we will do what we can to help you earn a positive result in your lawsuit.

According to reports, the 20-year-old Arizona State University student was arrested while partying with friends in Lake of the Ozarks after police suspected that he was driving a boat while impaired. The arresting officer reportedly planned on taking the young man to a local police station for blood-alcohol testing.

Apparently, the police officer had placed a life vest on the young man, but it is possible that the life vest wasn’t secured properly as a witness said that he saw the “life jacket and person separate in the water.”

It is unknown at this point how the young man ended up in the water, but it is believed that he stood up and either jumped or fell off of the patrol boat, which was not equipped with seat belts or an extra officer to help contain the arrestee.

The witness, who arrived at the scene on another boat, said he and the officer attempted to rescue the drowning man for three-to-four minutes, but he submerged under the water and his body was not recovered until the next morning by a dive team.

Adding another level of tragedy to the situation is that fact that the victim was described as a standout high school athlete who excelled in several sports, including swimming.

The young man’s grandmother has already told the media that the family is considering a lawsuit over their loved one’s death, and it appears that one would be warranted based on the facts the case that have been released thus far.

Not only could a wrongful death lawsuit provide the family with compensation for the pain and suffering they and their loved one went through, it could also serve as a wake-up call to police that handcuffing an individual on a boat who is believed to be intoxicated is a major safety threat.

Current Missouri State Police policy is to handcuff all suspects upon arrest, whether the arrest is occurring on land or on water.

Source: The Des Moines Register, “Witness describes drowning Clive man’s struggle in water,” Regina Zilbermints, June 3, 2014

While many Missourians love spending time on the water, a fun day of recreation can quickly turn tragic when safety is neglected. The superintendent of the MSHP said that close to 100 boating accidents occurred in the state last year, which resulted in 17 deaths and at least 87 injuries. The goal of National Safe Boating Week is to reduce those numbers.

In order to do that, the superintendent of the MSHP said all boaters should adhere to the following boating safety tips:

Inspect your boat before heading out for the first time this season. Courtesy equipment inspections are offered upon request by the Missouri State Highway Patrol, U.S. Coast Guard Auxiliary or the U.S. Power Squadron.

Have a life jacket for each person in your boat that is approved for body weight and activity being performed. Also, children under the age of seven must wear a life jacket at all times while on board a boat under Missouri law (unless in an enclosed cabin area).

And a few additional tips…

• Always be alert and aware when in and on the water.
• Don’t drink alcohol while you are boating.
• Review Missouri’s laws for boating before heading out.
• Check the weather report before going out on the lake and keep an eye on the sky for possible storms.
• Have an emergency plan, including a way to call for help and a person on shore who knows where you will be.

If a serious boating accident should occur, contact an experienced personal injury lawyer after getting medical treatment for information on obtaining compensation for your injuries.

Source: Missouri State Highway Patrol News Releases, “MSHP: National Safe Boating Week is May 17-23,” May 2, 2014

Like driving a motor vehicle on dry land, carelessness or recklessness behind the controls of a boat poses a major threat to other boaters or swimmers on the water. Furthermore, it’s illegal for boaters to be intoxicated while operating a watercraft, exactly like motorists. The unfortunate reality is that people still consume too much alcohol before cruising around a lake or river, despite the law.

Missouri statute establishes a blood-alcohol limit of 0.08 percent, which the same intoxication standard for motorists operating a vehicle on land. Of course, alcohol violations based on this law are just one way to hold boaters accountable for ill-advised decisions.

At the same time, those who are injured in a boating accident may have recourse in civil court, depending on the circumstances behind the crash. Pursuing this legal option can help relieve the physical and financial strain caused by an alcohol-related accident.

Although boaters may be able to consume alcohol on a watercraft, caution must still be exercised. Simply being able to have a drink while relaxing on the lake doesn’t provide permission to consume alcohol in excess. As the summer dawns on Missouri, it will be important for boaters to be aware of this preventable — yet very real — boating safety concern.

Source: WestlawNext, V.A.M.S. 306.112

The woman who died was a current university student. The houseboat that was crashed into was unoccupied at the time of the accident. Each year, many Missouri residents are killed or seriously injured in boating accidents. In this case, the two deaths resulted in both the current pending civil lawsuit and the filing of criminal charges – two counts of first degree homicide – against the boat’s driver. He was ordered to be released pending trial after posting $25,000 in bail set by the court.

Factors in the accident were reported to have including the intoxication of the boat’s driver, traveling at an excessive rate of speed, and distracted operation of the boat. These factors are similar to those that cause many car accidents each year. The legal limit for use of alcohol while operating a boat is 0.08 measured blood alcohol. Authorities said that the boat driver’s blood alcohol level was over double that level, registering at 0.18. The boat was said to have been traveling at a speed of 45 to 50 miles per hour.

Experienced personal injury attorneys investigate the facts of an accident to determine the proper parties to sue for damages. In this case, the boat was not owned by the boat’s driver, but a corporation belonging to his family. The assets of the company were allegedly liquidated after the accident, according to the plaintiffs, who argue that this was an improper attempt to make those assets unavailable to satisfy any court award.

Source: The Grove Sun, “Family files wrongful death lawsuit in connection to fatal boating accident” Sheila Stogsdill, Jan. 31, 2014

A wrongful death lawsuit over the two men’s deaths targets the company organizing the race, a number of race officials and the company president. The same defendants are also named in another pending wrongful death lawsuit over the death of a third man in a separate accident during the race.

The lawsuit over the two men’s deaths claims that rescue attempts failed because they took too long, lacked proper equipment and were poorly coordinated by race organizers. The lawsuit further contends that the 74-year-old should never have been certified for participation in the race in light of both his advanced age and his heart problems.

Following the three deaths, race organizers took additional safety precautions the following year. These included requiring race teams to have exit strategies from their boats in the event of accidents and to file these plans with the company. The next year’s race ended without any deaths occurring and even without any major injuries of any kind. Wrongful death and personal injury lawsuits over boating accidents can both help compensate victims and their families and deter similar conduct, promoting enhanced adoption and enforcement of safety rules.

Source: keysnet.com, “Keys powerboat organizers sued over 2011 death” Susan Cocking , Nov. 13, 2013

If the court agrees to this, the liability of the boat owner could be limited to as little as the remaining cash value of the boat, which one appraiser estimated as being worth as little as $500 after the boat’s hull was rescued from the water. That is a far cry from the level of damages that could be recovered in a wrongful death lawsuit filed in state court. Recovery in such a lawsuit could include medical and funeral expenses, pain and suffering, and loss of services.

However, even if the federal court does claim exclusive jurisdiction over future lawsuits concerning the accident, the liability limitation could be exceeded. This would require the children’s estate to prove that at the owner of the boat knew of defects on the boat but failed to take necessary corrective action or was otherwise negligent.

It may also be possible for the surviving families to try to sue other third parties, such as the boat’s manufacturer or someone who worked on maintaining or repairing the boat, if their negligence contributed to the accident. While this accident occurred in New York, rather than Missouri, many of the same legal issues would arise in a lawsuit over a boating accident in this state. This makes it important for accident victims or their families to work with an attorney knowledgeable in the laws applicable to boating accidents.

Source: Long Island Newsday, “Boat owner in fatal accident seeks limit on liability” Bill Bleyer, Oct. 09, 2013

Four people and a Missouri State Highway Patrol Water Patrol trooper were involved in a collision between a state boat and a private boat one night on the Lake of the Ozarks. Investigators reported that the private boat did not have its bow lights on. The 55-year-old Missouri boater, turned into the path of the Water Patrol boat operated by a Missouri State trooper, causing a boating accident.

The troopers boat, a 29-foot 2005 Donzi, hit the starboard side of 55-year-old man’s boat, a 33-foot 2002 Formula, which flooded and capsized. Additional Water Patrol troopers helped rescue the boaters and the boats.

Investigators believe alcohol was a factor and arrested the 55-year-old man on suspicion of boating while intoxicated. More charges could be filed in the investigation because troopers say the driver fled the scene of the accident and went to another part of the lake before his boat flooded and capsized. It also wasn’t clear if anyone was wearing a life jacket.

The 55-year old boater had serious injuries. Three passengers in the boat had moderate to minor injuries. The trooper also had moderate injuries and all were taken to local hospitals for treatment.

Boating accidents may often be the result of another boater’s recklessness. Speeding, disobeying no wake zones and drinking alcohol all contribute to boating accidents. If the accident happened while the boater was intoxicated or operated their vehicle recklessly, there may be criminal charges brought against them. The person who is responsible for a Missouri boating accident may be liable for the accident victims’ medical expenses, property damage and other damages. The injured individuals may want to consider contacting an experienced personal injury attorney to determine whether they have a boating accident case.

Source: ky3.com, “Lake of the Ozarks crash injures Water Patrol trooper, 4 others” Chris Replogle and Gene Hartley, Aug. 30, 2013

Just a few weeks ago, a serious boat crash occurred in the Lake of the Ozarks area. Two boats were heading the same direction after midnight when one hit the other from behind. According to Missouri Water Patrol, a 66-year-old beater crashed into a boat being driven by a 27-year-old. The 66-year-old was injured in the crash, and his boat was totaled. Fortunately, the 27-year-old did not sustain any injuries in the crash, but his boat was damaged.

This accident clearly shows the dangerous side of boating — especially when you are out after dark. While boating can be a fun and safe activity for people of all ages, if drivers are not careful, things can go from fun to frightening very quickly.

If you do find yourself or your child injured in a boating accident, it is important to be aware of your options. Just like being injured in a car accident, boating accident victims may be able to seek compensation from a negligent boater for their injuries. Because there are different things to consider when determining whether to file a personal injury lawsuit over a boat accident, it may be wise to work with an attorney who can help explain the process;.

Source: KSDK, “Denis Repa hurt, boat totaled in Lake of the Ozarks crash,” Dave Keiser, July 20, 2013