Dickerson Oxton Law Firm - November 2019
816-268-1960 | 913-428-8220 www.dickersonoxton.com
NOV 2019
ANIMAL BITES
CAR ACCIDENTS
MEDICAL MALPRACTICE
An Attitude of Gratitude I love Thanksgiving. Any chance to gather with loved ones and enjoy a great feast is welcome, but there’s something special about this particular Lanier and Nick Rowley, both of whom are excellent trial lawyers and have won some high-profile cases including a $4.7 billion Talc
BICYCLE/ MOTORCYCLE ACCIDENTS
BRAIN & SPINAL CORD INJURIES
Thursday. Beyond the turkey and festivities, it’s a time to look back on the year and really appreciate all the good that’s come from it. While I may be writing this a little ahead of time, I think it’s safe to say I know what I’ll be thankful for this year. Personally and professionally, it’s been a whirlwind year for Tom and me. Having growing kids and a growing firm certainly keeps you on your toes! While it’s certainly been stressful at times, we’ve learned so much from these hurdles. Now, with 2019 coming to a close, I have a chance to take a step back and appreciate just how far we’ve come. On the professional side, we’ve had a landmark year for the firm. We got a record-best jury verdict for our firm in a tough venue and were able to obtain our biggest settlement to date, not to mention several other wonderful recoveries for clients throughout the year. It’s always a great feeling to help people out of some truly difficult situations through our work — and when the results exceed expectations, you know you’ve made a real difference. When we weren’t fighting directly for our clients this year, we were improving our skills as attorneys and attending some great conferences. Tom attended conferences by Mark
verdict again Johnson & Johnson last year. As for me, I was able to attend a summit in Aspen for women lawyers who do mass tort work. This was not only the best time to go to Colorado and see the leaves change but also a fabulous opportunity to network with some truly inspiring peers. "Just likewe do in court, my husband andI willtackle the dinneras a team." On the homefront, things have really been in motion. We moved this spring to be closer to our office and the kids’ school — and, boy, was that a hurdle. Thankfully, Tom, Heidi, Ian, Toonces the cat, and I all made the transition into our new home with minimal hiccups! We love our new neighborhood, and the reduced commute means we can enjoy more time with our family without having to cut back on the important work we do. So many positive things have happened this year that we are grateful for. One of our old neighbors who lived down the street from us was big on teaching their children to always live with a ‘Gratitude Attitude’. While it’s easy to get caught up in all the little things that can go wrong or are tough throughout your day, it is so important to remember all the positive things we
have to be grateful for. Now that Heidi and Ian are maturing, I’m glad I have these neighbors’ example of how to teach them to really appreciate what they have. Which brings me back to Thanksgiving. We’re breaking in the new home in earnest by hosting this year. Both Tom’s and my parents should be coming, so the kids will get to spend time with all their grandparents! Unfortunately, it’s not looking like my brother can make it, and he’s the best cook in the family. But, just like we do in court, my husband and I will tackle the dinner as a team. He’ll cook the turkey, and I’ll make the mashed potatoes just the way my Aunt Sherry taught me. (The secret is to heat the milk first so the potatoes are nice and smooth!) So, while we may be celebrating Thanksgiving in a new home this year, my focus will be on all the things that brought us here. From colleagues to caring neighbors, we’ve had plenty of great mentors along the way. And, of course, we’ve had your support as readers.
BURN INJURIES
CONSTRUCTION INJURIES
NURSING HOME ABUSE
SLIP & FALL ACCIDENTS
BOATING ACCIDENTS
TRUCK ACCIDENTS
From our family to yours, have a very happy Thanksgiving. –Chelsea Dickerson
PHARMACEUTICAL & DRUG INJURIES
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More Than KANSAS SUPREME CO Earlier this year in the case of Hilburn v. Enerpipe Ltd., the Kansas Supreme Court moved to defend the rights of accident survivors. In a historic 4-2 decision, the court declared Kansas’ cap on noneconomic damages to be unconstitutional. In short, this means injured parties can seek compensation that covers the full extent of their pain and suffering. WHAT ARE ‘NONECONOMIC’ DAMAGES Noneconomic damages essentially refer to all those wounds and consequences that stem from an injury but you can’t put a number on. They include pain, loss of enjoyment of activities, and other legitimate forms of suffering that are just impossible to quantify. For example, after a serious car accident, the hospital may be able to send you a bill for an emergency spinal surgery, but how do you put a price on being unable to walk the rest of your life? WHY THEY MATTER Mental trauma, chronic pain, immobility — these unquantifiable damages can change your entire way of life. Compensation for this kind of loss may not make these sorts of damages go away,
Celebrating GivingTuesday SUPPORTING THE PEOPLE YOU BELIEVE IN November is usually all about Thanksgiving, but it isn’t the only holiday that encourages generosity. Giving Tuesday is a phenomenal celebration in which millions of people from across the globe are inspired to spend 24 hours giving back to the communities they love. ORIGIN AND GOAL Giving Tuesday is celebrated every year on the Tuesday following Thanksgiving, and this year, the holiday lands on Dec. 3! It was established in 2012 by the United Nations Foundation and New York’s 92nd Street Y as a response to consumer-driven holidays like Black Friday and Cyber Monday. The purpose of the holiday was to spread the spirit of giving, not only for the people in our nation but individuals across the world. The goal is “to create a massive wave of generosity that lasts well beyond that day and touches every person on the planet.” TECHNOLOGY AT ITS BEST Through the use of social media and technology, the organization hopes to encourage and spread generosity on a global scale using the hashtag #GivingTuesday. The website states that “... technology and social media could be used to make generosity go viral; that people fundamentally want to give and talk about giving.” Through massive social media platforms like Facebook and Twitter, the individuals and companies participating in Giving Tuesday can spread their missions and messages all over the world, encouraging others to do the same. HOW YOU CAN CELEBRATE Now is the perfect opportunity to support your community and the causes you believe in. The best part of this holiday is that “giving” doesn’t just refer to donating money. People can give back by volunteering their time to help a nonprofit business, donating goods and food, or just buying a stranger some lunch. Even the smallest actions can have the biggest impact. If you’re interested in participating in Giving Tuesday, get together with your friends, family, sports team members, or neighbors to brainstorm on how you can give back. To learn more about how you can participate, visit GivingTuesday.org .
'Tis the Season FOR SALT AND SHOVELS
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Medical Bill
RT RULES IN FAVOR OF VICTIMS
A TICKING CLOCK Like many states, Kansas has gone back and forth on this issue over the years. While this court decision was a victory for injured people and their families, powerful insurance companies will soon be hard at work to undermine their rights once again. If you were injured by someone else’s negligence, now is the time to act.
but they can make living with them easier on you and your loved ones. You shouldn’t have to fear making ends meet while grappling with post-traumatic stress. Compensation for noneconomic damages can help you find the support and peace of mind to move forward with your life. In the past, Kansas set a limit on how much accident victims could claim in noneconomic damages. This cap was set at $250,000, regardless of how severe and long-lasting the conditions were. Often, juries would award plaintiffs far more in damages, only for the final amount of compensation to be dropped down to the state’s cap. Now there is no artificially imposed limit on what your pain and suffering is worth. As we prepare for another Midwestern winter, it’s important we all do our part to minimize bad falls. As a personal injury firm, we’ve seen the kinds of injuries that can come from one misstep on ice or snow. To keep yourself and your neighbors safe, a little added precaution can go a long way. intentions gone awry. This is especially true when home or business owners fail to maintain winter-salting efforts. Often, they’ll apply enough to melt the initial snow but fail to re-apply to keep the slush from refreezing. Be sure to follow the directions of your preferred de-icing salts carefully, and keep an eye on the temperature — some brands don’t work below -4 degrees Fahrenheit. SHOVEL SAFELY Shoveling snow out of a driveway or parking lot carries its own hazards on top of the risk of falling. Without proper form and preparation, you could seriously injure yourself just trying to clear your property. Be sure to stretch beforehand, and take breaks when needed. Is snow sticking to MORE THAN A PINCH OF SALT Often, slips and falls are the result of good HOW THE SUPREME COURT CHANGED THINGS
TAKE A BREAK
The Best Leftover Turkey Sandwich Inspired by FoodNetwork.com
ingredients
your shovel? Try spraying Pam on the blade before you start!
• 2 slices sourdough bread • 2 tbsp Dijon mustard • 2 slices Swiss cheese
DON’T NEGLECT INDOORS While the weather outside is frightful, inside can be even more dangerous. As people come and go, they’ll track snow into your home or place of business. Left unattended, this slush will quickly become a slick puddle — making a nasty surprise for the next person who comes through your door. Keep a mop on hand and, in the case of high- traffic entrances, post warnings about the possible hazard. Otherwise, your guests might drop their guard the moment they cross the threshold. As for keeping yourself safe on other people’s property, there is little more you can do than wear the right shoes and be cautious. Assume any patch of ground may be slick and act accordingly. Of course, we can’t be vigilant every second of every day. If you do have a bad fall, it’s best to contact an expert personal injury attorney and share your account of events. They can help you understand the legal options that may be available to you.
directions • 1/3 cup shredded leftover turkey • 3 tbsp leftover cranberry sauce • 1/3 cup leftover dressing or stuffing • 2 tbsp leftover gravy • 1 tbsp butter, room temperature Note: Don’t worry if you don’t have all the leftovers required. 1. Coat inside of each bread slice with mustard and a slice of cheese. Place turkey and cranberry sauce on one slice and dressing and gravy on the other. 2. Combine sandwich and spread butter on both sides. 3. In a panini maker or large skillet, grill until crispy and golden brown. 4. Slice and serve.
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Advertising Material
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inside
THIS ISSUE
The Dickerson Thanksgiving The Gift of Giving Kansas Supreme Court Sides Victims Stop Winter Slips Take a Break The Best Leftover Turkey Sandwich The Legend of Sergeant Reckless
PG1 PG2 PG2 PG3 PG3 PG3 PG4
The Greatest American War Horse THE LEGEND OF SERGEANT RECKLESS
Animals have acted as companions to humankind for thousands of
Sergeant Reckless’ greatest achievement occurred during the final stages of the Battle for Outpost Vegas. During the bloody five-day campaign, Reckless made 51 trips to resupply guns over the course of a single day. By the end of the battle, she had carried 386 rounds of ammunition by walking 35 miles through rice paddies and mountain trails. After dropping off the ammunition, Reckless would then bring wounded soldiers back to safety. Reckless was trained to lie down when under fire and avoid barbed wire, and her ability to do so without needing human command saved many lives during the battle. Reckless would close out her war career with two Purple Hearts and the rank of staff sergeant. She spent the rest of her years at Camp Pendleton in California. To learn more about this legendary mare, be sure to check out “Sgt. Reckless: America’s War Horse” by Robin Hutton.
years. They’re a near-constant source of companionship, comfort, and aid. Unfortunately, military animals don’t often get the recognition they deserve. One horse, in particular, was essential to the success of her regiment during the Korean War. Meet Sergeant Reckless. Bought for $250 in 1952 by a U.S. Marine Corps lieutenant at a Seoul racetrack, Sergeant Reckless was trained to carry ammunition for the 5th Marine Regiment. Her name was a play on the “recoilless” rifle ammunition she carried and a nod to the daredevil attitude of the soldiers who used them. Reckless was pivotal for her regiment in more ways than one. As Robin Hutton notes in her book “Sgt. Reckless: America’s War Horse,” “Because horses are ‘herd’ animals, the Marines became her herd. She bonded so deeply with them that Reckless would go anywhere and do anything to help her adopted family.”
ADVERTISING MATERIAL: The choice of a lawyer is an important decision and should not be based solely on advertisements. This newsletter is provided to former clients, individuals who have contacted the firm regarding representation, and individuals who have requested to be on the newsletter mailing list. This newsletter is for educational and informational purposes only and does not constitute legal advice or direct solicitation for employment of the firm on any particular legal matter.
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