In addition to our staff of personal injury attorneys serving Columbia / Jefferson City / Mid Missouri; Joplin Mo and the Four State area; and Springfield, Mo, the law firm of Aaron Sachs & Associates also helps people with Social Security Disability claims.

Although the Social Security system was set up to help people who are disabled and can no longer work, the system is, in some ways, rather broken.

More than half of all Social Security Claims are denied on initial application. At that point, there are certain time limits in order to request a review of the initial decision. If you are unsuccessful at your hearing, then you may appeal and ask a higher court for reconsideration.

The National Organization of Social Security Claimants Representatives (NOSSCR) of which both attorney Aaron Sachs and attorney Lynn Lamy are members, reports these statistics for 2007:

• 65.4 percent of disability claims are denied at the initial level and
• 87.3 percent of claims are denied at the reconsideration level.

It is important to apply for social security disability as soon as you feel you have a claim, since the benefits are retroactive to the date of the initial filing. One key issue is whether your physical or mental condition prevents you from obtaining full time employment I the national market place. Various factors come into play when making this determination including age, level of education and training, nature and extent of your health or injury.

The most important thing we want our readers to make note of is this: If you were turned down for Social Security Disability and/or SSI, you have a limited time in which to appeal that decision! We caution our readers not to let that deadline pass.

We also offer a free consultation regarding Social Security Disability. Please feel free to visit our Social Security Disability page and request more information.

The other day I was driving down the road in Springfield, Missouri and saw a bumper sticker that said “Look Twice, Save a Life” in large print, and under that headline it said, “Motorcycles are Everywhere.”

As a personal injury lawyer in Springfield, Mo with offices in Columbia, Mo and Joplin, Mo, I wish I had stopped that driver and asked where the bumper sticker came from. Or maybe I should create one myself. Because it’s not just motorcycles that are everywhere now that it’s spring. Bicycles are everywhere and so are kids and adult pedestrians.

There is no need for me to recount some of the tragedies I’ve seen as a result of motorcycle accidents, bicycle accidents and pedestrian accidents in and around Springfield, Columbia, Joplin, and Jefferson City, Missouri – and throughout the mid states and Four States areas.

But I will take the opportunity on this post-Easter – the “unofficial” beginning of spring in many communities — to ask that we all “look twice” while we’re driving and make sure that we keep an eye out for motorcycles, bicycles and pedestrians. Because they aren’t as visible as cars, but they do have a right to the road, and the consequences of accidents with them can be devastating. Thanks. And Happy Spring!

The Missouri Click It or Ticket program (CIOT) is a state-wide law enforcement initiative created to encourage drivers to wear their seat belts.
The Jefferson City based Herald Tribune reported on Tuesday that, according to law enforcement figures, nearly one in four Missourians fails to wear a seat belt. That’s almost 25% of our drivers! If you’ve seen the results of injury accidents like I have, you’ll know why I support this crackdown.
As a personal injury attorney, I’ve seen the devastating effects of motor vehicle accidents throughout our state, and that’s why I support any effort to lessen the traumatic injuries, disabilities and deaths that occur when seat belts aren’t worn . . . even if that means issuing more tickets. If it saves a life, it’s a small price to pay.
Among the very effective public service announcements in the CIOT Arrive Alive SaveMoLives Campaign, I was particularly struck by the 30 second Click It Or Ticket 30 second TV spot and the Pickups Rock spot. View both by visiting the Missouri Coalition for Road Safety page by clicking here.
The truck accident statistics these spots share include the fact that 130 people who were not wearing seatbelts died last year in accidents involving pickup trucks. Of course, trucks aren’t the only vehicles in which people die in accidents, but specific targeting of pickup trucks might be a good focus for making a real difference. Because, as the PSAs say, “Pickup trucks rock, but they also roll.”
According to SaveMoLives programs, in addition to TV, posters and banner ads, Highway Patrol radio spots are playing in Jefferson City , Kansas City/St. Louis, Macon/St. Joseph, Poplar Bluff/Willow Springs, and Springfield /Rolla.

Question 1: Aaron, as a personal injury attorney in Springfield, Mo with offices also in Joplin, Mo and Columbia / Jefferson City Mo, I am sure you hear about all types of accidents. This week’s topic is ski and snowboard liability issues. Skiing and snowboard are obviously popular winter sports, how many people get injured every year?

AWS: There are about 150,000 to 200,000 injuries each year. But don’t fear — the vast majority of incidents are minor yard sale types of crashes (a yard sale is when someone goes down on the slopes and his/her hat goes off in one direction, skis and poles in another, etc. so it looks like a yard sale).

Also, due to better equipment, the number of ski injuries overall has declined by about 50% since 1970.

According to the National Ski Area Association serious injuries serious head or traumatic brain injuries, , paraplegics and other serious injuries) occur at a rate of about 43.6 per year, and about 39.8 people die every year.

ACL-tears, one of the most common skiing injuries, account for about 20,000 ski injuries a year.

The national injury rate for downhill skiers is 3.37 injuries per 1,000 skier visits (”SV”). Injury rates for snowboarders are 3.03 injuries per 1,000 SVs

Question 2: What happens when someone gets injured through no fault of their own?

AWS: Good question because even with a minor injury there can be costly medical bills, and possibly loss of income.

The questions you want to ask in these types of personal injury cases includes , who is liable? Is the ski area responsible? The skier? The lift operator? When you ski, there is an assumption of risk, or inherent danger. So for the majority of injuries, there is no liability issue.

There are 3 main types of liability issues in these types of personal injury cases:

1) Downhill ski accidents

Ski areas must provide ample and obvious signs, warnings and other trail markers to protect the skiers. An injury caused by the failure on the ski area’s part to do so could result in a lawsuit.

2) Lift operator accidents

Skiers injured in lift accidents can claim damages if the accident is due to faulty design, operation or maintenance. The more common occurrence of in lift accident injuries is due to negligent operation, failure to stop lift, clear ramp, etc. Those incidents are also usually actionable.

3) Collision with another skier or snowboarder

Most states hold skiers and snowboarders financially responsible to other skiers for negligent behavior that results in a collision. In fact, if the reckless skiing results in severe injury or death, the skier may be charged with a criminal felony.

Important to remember, thought, that ski laws vary from state to state.

Question 3: What about ski waivers? If I sign something that waives my rights to sue the ski area, can I still do so? Are they valid?

AWS: When you rent equipment, buy a season pass or take a ski lesson, you will most likely have to sign a waiver or release form. Those forms contain language that generally protects the ski area against claims arising from almost any injury claim. So, if the ski area is negligent and you injure yourself, does this waiver preclude you from filing a claim against the resort? Definitely not.

But, again, ski law varies from state to state. The Utah Supreme Court, for example, recently ruled 3-2, that those waivers are void as against state public policy in 2007. Yet in another case that same year in Pennsylvania, a split three-judge panel found that a snow tuber who signed a liability release couldn’t bring suit against the resort for alleged negligence of an employee who instructed the plaintiff to exit the snow tube in a direction that brought her in the path of oncoming snow tubers.

Question 4: What about in the case of a collision with another skier? Can one, or more people, be at fault if there is a collision or is a collision considered an “inherent risk”?

AWS: Again, definitions of “inherent risk” vary from state to state. Some states view a collision with another skier as an inherent risk — but not a collision with a reckless skier. Skiers, and snowboarders, are expected ski in control, exercise caution, maintain a lookout, yield to skiers already on trails, and avoid collision with skiers below. If a skier should violate that and collide into another skier, then that skier can be considered reckless – and liable.

The presumption is usually that the uphill skier is at fault and is responsible for damages.

Question 5/Wrap Up: Any advice for how to avoid getting injured on the slopes?

AWS: A few tips include:

1) Always wear a helmet. Helmets have been conclusively proven to effectively reduce the incidence and severity of head injuries in skier accidents.
2) Ski to your ability. Avoid daredevil stunts or skiing on terrain that is beyond your ski level.
3) Observe all safety and warning signs
4) When waiting for a friend or family member on the slope, wait on the side of the run, and not in the middle, don’t wait below a ridge where you might not be visible.

As noted in a previous blog, Joel A. Block has joined Aaron Sachs’ personal injury law firm. Sachs’ regional law offices are located in Springfield, Joplin and Columbia, Missouri. Block’s legal experience includes serving the interest of insurance companies as a defense attorney. As a shareholder of one of the oldest defense firms in Springfield, Missouri, Block acquired a lot of experience both in and out of the courtroom. Block is now pleased to join with Sachs to protect the rights and interest of clients in the area of personal injury law.

Aaron Sachs and Associates, P.C. is committed to community service and so is Joel Block.
The two primary avenues of community involvement for Block includes the following: He serves as a member of the Board of Directors for the Springfield, Missouri Pregnancy Care Center (since 2005) and very involved in community outreaches in that capacity. Also Block is a member at James River Assembly ( JRA) in Ozark, Missouri. He has also served at JRA in leading a Sunday School Class and also work in the childcare area as well as other community based projects.

Fundraiser: This Saturday, April 18,2009 the Pregnancy Care Center will host
its 5th Annual Fundraising Banquet at University Plaza Convention Center of Springfield, Missouri. The fundraiser will feature special guest, Cal Thomas. Cal Thomas has been referred to has America’s most influential Christian journalist. Cal Thomas, a graduate of
American University, has been in a leader in broadcast and print journalism
for over 40 years. For more information on the upcoming event call
1-417-877-0800 or email events@pccchoices.com

The Pregnancy Care Center, Springfield Missouri in 2007:

* Provided pregnancy and abstinence programs serving over 21,500 young
people

* Served an 80% increase in new clients in the past 3 years

* Delivered services to over 1,600 new clients

* Scanned over 500 clients with ultrasound

* Equipped over 150 fathers to build stable families

* Empowered over 20,095 students to choose abstinence through public school
partnerships

Classes and programs provided by the Pregnancy Care Center includes pregnancy testing; labor and birth courses,
adoption education, fatherhood program, fatherhood program and other baby
and maternity resources.

This will be our final blog post regarding Natasha Richardson. It’s truly a tragedy of her untimely death; delay in seeking care, and death. As a result we must take this opportunity to caution the public about the nature of brain injury accidents and how to possibly avoid this kind of tragedy.

The autopsy from Ms. Richardson’s personal injury accidents is conclusive that the cause of death was an epidural hematoma, which in laymen’s terms is bleeding between the skill and the covering of the brain. The blood clot that results exerts pressure on the brain stem, causing coma or death.

Remember that Richardson “felt fine” after her fall, and only later complained she didn’t feel well. This is the biggest danger with head injuries because there is often a “lucid interval” during which the person who just had the injury accident thinks he or she is fine — when in fact there has been a serious injury and the brain is bleeding or swelling inside the skull. Emergency surgery – if performed in time – can drain the blood and relieve the pressure in the brain to prevent coma or death.

In the case of a head injury, it is always better to be safe than sorry. When it comes to brain injuries, I remember the slogan:

And at the first sign of any ill feeling – no matter how slight – get the patient to a hospital asap!

Personal injury accidents are governed by different laws in different states. Missouri is what is known as a “comparative fault” state or a “pure comparative fault” state when it comes to determining who is legally responsible for accidents and injuries. What this means is that if more than one person caused or contributed to the accident, then an assessment of liability or damages may be distributed between or among the parties responsible for damages. Damages to the injured party may be reduced by the percentage the injured party him or herself may also be at fault in the accident or have contributed to the accident.
Missouri is one of 13 states that have adopted the pure comparative negligence approach to personal injury cases. The other 12 are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, New Mexico, New York, Rhode Island, South Dakota, and Washington. In each of these states, a judge or jury can assign a percentage of fault to each party and apportion the damages accordingly to the percentage of fault.
Kansas on the other hand, is not a “pure comparative fault state”. In Kansas, if the claimant is more than 50% at fault, then he or she isn’t entitled to a recover under the law. Very few states still use this system.
Whether a personal injury accident took place in a comparative fault state or a contributory negligence state, if there are any contributory elements to the accident or injury, professional legal representation by a personal injury accident attorney is strongly advised.

This message is brought to from the law offices of located in Springfield, Joplin and Jefferson City, Missouri.

Joel A. Block, prominent Springfield civil trial attorney, joins forces with
Aaron Sachs & Associates, P.C.

Aaron Sachs, whose personal injury law firm has offices in Springfield,
Joplin and Columbia, Missouri is pleased to make the announcement that Joel
A Block, formerly a partner associated with the Burkart firm in Springfield
largely as a defense attorney, is joining his firm to practice in the field
of personal injury.

“Joel’s addition to our firm promises a dedication to excellence in service
to our community,” says Sachs. “He’s a community member, who has gained a
great deal of experience defending the interests of individuals and
companies in potential loss situations. His background in civil trial and
appellate practice meshes superbly with our own practice in personal injury
law.”

Block’s life and career are Missouri-grown; born in St. Louis in 1975, he
attended Truman State University in Kirksville, where he gained his
undergraduate degree in 1998, then proceeded to the bar after completing his
J.D. at University of Missouri - Columbia in 2001.

“Joel is deeply committed, just as our firm is, in community activities and
concerns,” Sachs says. “He has been a director on the board of the
Pregnancy Care Center in Springfield since 2005, and as a matter of topical
interest, he’s going to be part of the fundraising banquet for the Center
this Saturday, April 18th, featuring renowned print and TV journalist, Cal
Thomas. Readers who want to attend the event can get further information
at (417) 877-0800.”

Block is also a member at James River Assembly in Ozark, Missouri and is
involved in service programs there as well.

He is married, with three children, and makes his home in Springfield, Missouri.

Thank you for supporting the Brain Injury of Missouri’s efforts to fight the repeal or weakening of Missouri’s universal motorcycle helmet law. Senate Bill 202 has passed the House Judiciary Committee. It now moves to the House Rules Committee. Please contact members of the House Rules Committee and your Representative to ask them to stop SB202 now!

When contacting House Representatives, mention a few of the key points listed below and share your personal opposition to repealing Missouri’s motorcycle helmet law. In your correspondence, include Please OPPOSE SB202. Do not weaken Missouri’s all-rider motorcycle helmet law.

Important Facts about Motorcycle Helmets:
1. Motorcycle helmets save lives and prevent serious brain injuries.

2. A rider without a helmet is 40% more likely to die in a crash than a rider wearing a helmet.

3. Helmet use decreases significantly and fatalities and serious injuries increase significantly in states without a universal helmet law,

4. Riders who survive a crash and have a serious brain injury cost the State and taxpayers, in terms of life-long medical costs, lost wages and productivity as well as the impact on family members, friends, and employers.

5. The National Highway Transportation Safety Administration (NHTSA) estimates that from 1984 through 2006 helmets saved the lives of 19,230 motorcyclists in the U.S.

6. Data from States where only minors are required to wear helmets even though required by law show that fewer than 40% of the minors who died in crashes were wearing helmets.

7. 81% of people support motorcycle helmet use laws.

8. Between 1996 through 2002, all States that repealed a motorcycle helmet law (Arkansas, Florida, Kentucky, Louisiana, Texas) had significant increases in fatalities.

How You Can Keep Missourians Safe?

Write, call or visit your State Representative to encourage them to vote against SB202 which weakens Missouri’s universal helmet law. To find the names and contact information for your Representative, visit the General Assembly website at www.moga.mo.gov . On their home page, click on “Legislator Look Up”. You may also call 573-751-4043, House Communications Office.

Members of the House Rules Committee include:
Parson, Michael, Chair
Cox, Stanley, Vice Chair
Burnett, John P.
Calloway, Don
Jones, Kenneth Munzlinger, Brian
Pratt, Bryan
Talboy, Mike
Tilley, Steven
Webber, Stephen
Wilson, Larry
Zimmerman, Jake

Also, contact Governor Jay Nixon and request he VETO any bill that weakens Missouri’s universal motorcycle helmet law.

Keeping Missouri’s universal helmet law will cost the State of Missouri and taxpayers no money.

At the law firm of Aaron Sachs and Associates, we are dedicated to supporting community endeavors in Springfield, Columbia and Jefferson City Missouri and throughout the state to encourage safety awareness and the importance of wearing helmets to prevent a serious personal injury accident.

Recently our blog was a cautionary tale about head injuries based on the report that famed Redgrave family actress Natasha Richardson had fallen, thought she was fine, and then ended up in the hospital.

Natasha Richardson has died, leaving a bereft family, including two young sons.

The AP report includes these important lines –- the lines we want all our readers to pay attention to:
“ . . . . .victims of head trauma often believe they are fine, a mistake that can cost them their lives. When you have a head trauma you can bleed. It can deteriorate in a few hours or a few days.”

If you or a loved one experiences any kind of head trauma, even the slightest fall, knock on the head, bump on the head . . . please pay careful attention for several days and seek medical attention immediately if there is any sense of “not feeling well” no matter how mild, such as headache, nausea, dizziness, nervousness, etc.
Brain injuries are not always evident in the first minutes, hours or even days after the injury accident, but that doesn’t mean that a brain injury hasn’t occurred.
Please let the sad and premature ending to Natasha Richardson’s life make you more aware in your own life.
And please always wear a helmet when skiing, skateboarding, roller-blading, riding a motorcycle or riding a bike because a personal injury accident can happen at any time.

At the law firm of Aaron Sachs and Associates, we are dedicated to supporting community endeavors in Springfield, Columbia and Jefferson City Missouri to encourage safety awareness and the importance of wearing helmets.