Dickerson Oxton - February 2022

Dickerson Oxton - February 2022

816-268-1960 | 913-428-8220 www.dickersonoxton.com

FEB 2022

ANIMAL BITES

CAR ACCIDENTS

MEDICAL MALPRACTICE

If at First, You Don’t Succeed ... The Importance of Getting Up and Trying Again

BICYCLE/ MOTORCYCLE ACCIDENTS

During our lives, we will all accumulate a unique set of failures. It’s part of being human — we’re not perfect, and we don’t achieve everything we set out to do. But we also often learn a lot more from our failures than we do from our successes. A loss teaches us how to persevere and improve. Feb. 1 is National Get Up Day, which celebrates our ability to take a hit but get back up to fight another day. As a lawyer, you fall down a lot. It’s a unique profession; for every job I take, there is an intelligent, educated, and well-paid person on the other side working to ensure I fail. Not many people go to work every day knowing there is someone else whose entire purpose is to thwart their success. So, when we lose, we need to know how to dust ourselves off and get back in the ring. The case of one trucker particularly stands out. He was a good man — one of the nicest people I’ve ever met. He drove loads across the country, and during a trip, he stopped at a gas station in the middle of Kansas. He got out of his truck to inspect the vehicle, but there was snow and ice on the parking lot. He fell, suffering a significant injury to his leg and knee. The failure to clear the snow was blatant negligence, but we faced setbacks from day one. First, the defendants filed for bankruptcy. That pushed us out of regular court and into bankruptcy court, which set us back about a year and a half. Once I was finally able to get the case moved out of the bankruptcy system, the worst should have been behind us — but we faced another hurdle.

But we knew we were right, so we continued fighting. It wasn’t fast or easy, but once we were able to make our case, the Kansas Court of Appeals understood our argument clearly. They overturned the lower court’s decision and found that the tenants were responsible for snow and ice removal. At that point, the defendants realized they couldn’t win and decided to settle. Sadly, our client passed away soon after. It’s deeply unfortunate that the other side stretched out the case for almost four years, preventing him from enjoying the peace and security that comes from a settlement. But he was able to leave his wife the gift of financial stability, which we know he would have wanted. It goes to show just how challenging our work is. Each case is a lot like a war. There are a series of battles that can last for years, and you lose plenty of them along the way. But in the end, what matters is winning the war, even if victory is sometimes bittersweet.

BRAIN & SPINAL CORD INJURIES

BURN INJURIES

CONSTRUCTION INJURIES

NURSING HOME ABUSE

Continued on Page 3 ...

SLIP & FALL ACCIDENTS

BOATING ACCIDENTS

The lease clearly stated that the building’s tenants were responsible for snow and ice removal on the property where our client was injured. But the tenants filed a motion claiming they thought the turnpike authority was in charge of snow

TRUCK ACCIDENTS

removal. It made no sense, but the judge agreed, and we lost the case. It happens; judges are only human, and sometimes they’re wrong.

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PHARMACEUTICAL & DRUG INJURIES

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Love comes in many forms. Though Valentine’s Day celebrates romantic love, book lovers felt something was missing. So they also dubbed Feb. 14 Library Lovers’ Day and held the first celebration in Australia in 2006. The holiday recognizes both the benefits libraries add to our communities and the magic of a good book. Public libraries have existed for more than 2,000 years, and today, they are everywhere. Believe it or not, our country has more libraries than Starbucks! There are libraries in schools, prisons, hospitals, research facilities, government buildings, and museums. U.S. presidents are honored with libraries in their names, and the world’s largest library, the Library of Congress, boasts over 39 million books. Today, the average American checks out seven items from their local library each year. And modern libraries provide a lot more than just books. They also supply computer and internet access, which some residents would otherwise go without. Plus, libraries help children and adults alike with literacy, offer after-school programs, support patrons with job-searching and interviewing, and even assist new small businesses. The brain is arguably our most important organ, and it’s definitely the most complex. As a result, someone who has experienced a traumatic brain injury (TBI) after an accident will be affected in unpredictable ways. One of the more frightening reactions is a seizure. Since the human brain is still not entirely understood, it can be difficult for doctors to predict how a person will respond to a TBI. In some cases, the electrical signals in the brain can get crossed and cause a seizure or epilepsy, which results in multiple seizures over an extended period. Generally speaking, the more severe a TBI is, the more likely the seizures or epilepsy are. They can happen minutes after the accident or start months later. A seizure is an electronic disturbance in the brain, and it temporarily takes over a person’s actions. If you or a loved one have suffered a TBI, you should know how to recognize the symptoms of a seizure. Though they are generally characterized by falling to the ground and experiencing uncontrollable convulsions, there are earlier signs. Hours or days before a seizure, many people experience irritability, lightheadedness, headaches, or difficulty concentrating. In the moments before an attack begins, they will often experience nausea, unusual smells or tastes, intense fear, deja vu, or pins and needles. If So, You May Suffer Seizures HAVE YOU SUFFERED A TBI? Take a Look, I CELEBRATING LIBR

It’s crazy to think that being head over heels, madly in love with someone can benefit your body in the same way that broccoli can, but it’s true! Science has proven that being in love comes with myriad health benefits. Fewer colds and natural pain control? Yes, please! Love triggers the “feel good” hormone, dopamine. When you first fall in love — and the butterflies are flying uncontrollably — dopamine is at very high levels, and mentally, you’re happy, healthy, and positive. As the relationship matures, oxytocin, also known as the bonding hormone, blends with dopamine and reduces stress. We all know that stress can lead to a number of health complications, so the less stress, the better! New research has found that just being around someone you love can act as a natural pain reliever. Research has also determined that married people complain less about headaches and back pain. When your mind is happy, your immune system is stronger, making you less prone to getting a cold or stomach bug. Some research has even shown that happily married couples live longer than those who are not happily married. The hormone vasopressin helps to control your blood pressure. Being in love releases vasopressin into your body, keeping your blood pressure at a healthy level. Both your heart and lungs are also impacted by the love you have for another. If you aren’t in love, you can still reap the benefits through a strong and healthy social support system. When you have friends who bring you joy and happiness, even just a hug may help to release positive hormones and keep your health on track. Take time to invest in positive relationships to keep your heart and body healthy and happy, both literally and figuratively. Love Really Can Be a Drug The Power of Love

So, what are you waiting for? Let the love flow!

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In Kansas City, we’re lucky to have a first-class library, made world- famous by its unique facade that resembles 22 books lined up on a shelf. The “books” hide a parking garage and break up the browns and grays of the downtown area with a touch of whimsy, color, and culture. Since its construction in 2006, bibliophiles have traveled from all over the world to take it in. But our KC library is more than just good looks. In addition to lending out books, music, and movies in both physical and digital formats, the library offers art exhibits, exercise classes, social justice forums, and expert lectures. They’re also excellent community partners, providing COVID-19 vaccination services and kid’s cafes for children living with food insecurity. Whether you’re looking for free audiobooks, access to newspapers usually hidden behind paywalls, award-winning documentaries, health resources, or just the newest bestseller, the Kansas City Public Library is your one-stop destination. To learn more about what the Kansas City Public Library has to offer this Library Lovers’ Day, check out KCLibrary.org. It could be the beginning of a beautiful romance. It’s in a Book RARY LOVERS’ DAY

... continued from Cover

After facing the kind of setbacks we did in this case, it would be easy to give up. But we continue fighting because it’s the right thing to do. In our line of work, we see people who have been wronged every day. In my view, if you’ve hurt someone, the right thing to do is apologize and pay for what you’ve cost them. But people don’t always do the right thing, so we have to make them. It takes a certain amount of courage to file a lawsuit. When someone does, they’re standing up not only for themselves but also for others. As a result of this case, the businesses changed their snow and ice removal policies, and that parking lot is now safer for every other patron who visits it. If my client had just accepted his fate, or if we had given up when things got hard, someone else may have been injured and suffered hardship in their lives. That’s now unlikely to happen. Nothing worthwhile is ever easy. Whether you’re fighting a legal battle or facing more common challenges, you should never give up on your goals. Yes, you’ll experience setbacks. But in the end, it doesn’t matter how hard you fall — it only matters that you get back up and try again.

–Tom Dickerson

CHERRY CORDIAL CAKE BALLS

Inspired by TasteofHome.com

For a nonalcoholic version of these cake balls, swap the brandy for fruit juice.

INGREDIENTS • 1 package fudge marble cake mix • 1 1/4 cups and 3

• 3 eggs • 10 oz maraschino cherries, stemmed, drained, and chopped • 1/3 cup brandy • 1/4 cup cherry preserves • 1 cup chocolate frosting • 1 lb chocolate candy coating, chopped

tbsp brewed coffee, divided

Someone with a TBI who notices these symptoms should do their best to get to a safe location.

• 1/4 cup canola oil

Once a seizure starts, there’s nothing you can do to stop it. But you can help reduce the risk of permanent injury or death by knowing how to respond. If you witness someone having a seizure, clear the area of people and any hard or sharp objects. Do not restrain the person, but do roll them onto their side to prevent choking. If possible, timing the seizure can be helpful for doctors. Many attacks do not require emergency care, but you should call 911 if this is the person’s first seizure, if they stop breathing, or if the episode lasts more than three minutes. People with epilepsy will often be prescribed medication to help prevent seizures, but unfortunately, there is no cure. If you or a loved one have suffered a TBI and experience seizures, Dickerson Oxton can help you determine your legal options for compensation. Call us today for a free case evaluation.

DIRECTIONS

1. In a large bowl, combine cake mix, 1 1/4 cups coffee, canola oil, and eggs. Beat on low for 30 seconds, then on high for 2 minutes. 2. Preheat the oven to 350 F. 3. Pour batter into a greased, floured 9-by-13-inch baking pan. Bake for 30–35 minutes and let cool. 4. In a small bowl, combine cherries, brandy, cherry preserves, and remaining coffee. 5. Crumble cake. Add frosting and cherry mixture. Combine and shape into 1-inch balls. 6. Melt chocolate coating, following package directions. 7. Line a baking sheet with parchment paper. Dip balls into coating. Let them stand on the paper for 20 minutes, then serve!

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Advertising Material

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816-268-1960 | 913-428-8220 www.dickersonoxton.com

INSIDE

THIS ISSUE

Why We Get Up and Fight Back

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Health Benefits of Being in Love

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Why Our Libraries Deserve Some Love

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Traumatic Brain Injuries and Seizures

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Cherry Cordial Cake Balls

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Celebrate Chinese New Year

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Celebrate Chinese New Year!

HONOR THE YEAR OF THE TIGER

LEARN CALLIGRAPHY.

Happy Chinese New Year! Often referred to as Lunar New Year, due to the holiday’s connection to the moon cycle, Chinese New Year is a 16- day holiday steeped in tradition. Don’t let it pass without marking the momentous occasion that’s celebrated across the globe.

This is the perfect activity for little crafters! Calligraphy is a major component of Chinese New Year decor. Those who celebrate often hang hand-painted, square red banners that feature certain words intended to induce good luck in the new year. Learn the art of calligraphy as you master Chinese symbols to create your own piece of good luck in the year of the tiger! ENJOYA TASTYMEAL. This has to be the best option, right? Create a feast to ring in the new year. Everyone will love the classics, like dumplings, noodles, or spring rolls, but don’t be afraid to try something new. Fish and chicken are common on Chinese New Year festivities, and many families will cook these items whole. Doing so is considered a strong sign for the family, and fish is meant to symbolize wealth, while chicken represents togetherness. In addition to this, nian gao is a sweet rice dish that can be the perfect way to end your meal.

To commemorate the Year of the Tiger, try these fun and easy activities.

READ ABOUT LEGENDS.

After centuries of celebrations, there are bound to be a few legends worth learning about! Why not make it into a bedtime story or

an anecdote for your next family gathering? For example, you could “wow” your children with the story of Nian, a monster who would attack at the start of every new year but was afraid of loud noises, bright lights, and the color red. To ward off Nian

each year, people would dress in red and shoot fireworks, celebrating a new year and keeping Nian safely at bay. Pair this story with a red meal to really sell the impact!

If this is your first Chinese New Year celebration, ChineseNewYear.net has all the basics covered for you.

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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