JON K. LOWE ATTORNEY

WE WANT TO BE THERE FOR YOU

JON K. LOWE,
ATTORNEY AT LAW
26 years legal experience. Licensed in Kansas and Missouri
Our office handles automobile accidents, slip and fall cases, assaults and intentional injury cases, workers compensation, traffic, criminal, domestic, wills and many other types of legal problems

JON K. LOWE, ATTORNEY AT LAW

Phone number: (913) 432-0863/(913) 432-3309 Fax number:(913) 432-3088
Address: 10020 W. 52nd Street, Merriam; Kansas 66203
E-mail address: mailbox@jlowe.com
Located in Merriam, Kansas just a few blocks west of the Merriam Town Center
Because we have clients in all parts of the metropolitan area and has practiced extensively in this area, Mr. Lowe will be happy to arrange a convenient time and place to meet with clients in the office or at other convenient locations
We will do what we can to meet your needs and make your experience as convenient as possible

My goal is to discuss your problems with you in order that you understand the issues involved in your case and the steps that we will be taking to further your interests or defend your rights. Most people, fortunately, have limited experience with the legal system.  They would rather not deal with insurance adjusters, court personnel and lawyers. Therefore I take the time to explain each step of the process. Over the years I have practiced in many courts and handled a wide variety of cases.  I draw on this vast experience to benefit you.In the following pages I attempt to explain the value of legal services to victims of injuries and accidents. It is also our belief that if you are facing prosecution for traffic or criminal matters or are contemplating divorce legal consultation is an absolute must. Our office has the training and experience a wide variety of legal problems in the states of Missouri and Kansas. We are regularly engaged in attending continuing legal education courses and are constantly working to best serve our clients.

Over the years Mr. Lowe has represented many out of town and out of state clients. The advanced technology has made this even more possible. Feel free to call or e-mail the office today.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues

Jon K. Lowe, J.D.
B.A. from University of Kansas
J.D. from University of Kansas
Kansas license 1980; Missouri license 1992
Mr. Lowe began practicing law in Ottawa, KS, a general practitioner in 1982. He is a former president of the Franklin County Bar Association. During this time Mr. Lowe obtained extensive criminal and domestic trial experience including murder trials and appeals. In the late 1980s he established the Kansas City office. While the majority of his practice specializes in workers compensation and personal injury matters, he still enjoys participating in other areas of the law to best serve his clients. Do not hesitate to contact the office regarding traffic, criminal, domestic or probate matters. Mr. Lowe has appeared before most of the local city courts on numerous occassions and all of the district, circuit and federal courts in the area.
Mr. Lowe is a member of both Kansas and Missouri Bar Associations, and a former member of the Kansas Trial Lawyers Association, Kansas City Metropolitan Bar Association, Franklin County Bar Association, Johnson County Bar Association and the Kansas Bar Committee on Impaired Lawyers.

Over the years Mr. Lowe has acquired numerous contacts in the legal field. If he cannot handle your particular legal problem he will attempt to point you in the proper direction.

ContactUs
JON K. LOWE ATTORNEY AT LAW
Phone (913) 432-0863/(913) 432-3309 Fax: (913) 432-3088
Address: 10020 W. 52nd Street
Merriam, KS 66203
E-mail address: mailbox@jlowe.com
SUSAN K. WERKOWITCH; Office Manager, Legal Assistant, L.P.N., Notary Public

Feel free to e-mail us with your questions or comments. We will be happy to hear from you

DIRECTIONS

From I-35

Take the Johnson Drive Exit. Go west to Merriam Drive. Turn left on Merriam to 53^rd Street. Left on 53^rd Street to Farley Lane (not Farley Street or Farley Avenue). Turn Right on Farley and go North one block to 52^nd Street. Make a left and turn into Brookhaven. Go west on Brookhaven 1 ½ blocks to 10020 W. 52^nd Street which is on your right.

From I-635

Take Merriam Drive/Merriam Ave exit. Turn right on 50^th Street Terrace and go West to Knox. Turn left and go ½ block to 51^st Street. Turn right and go 2 blocks to Farley Lane. Turn left on Farley Lane and go South 1 block to 52^nd Street and make a right turn into Brookhaven. Go west on Brookhaven 1 ½ blocks to 10020 W. 52^nd Street which is on your right.

From Western Johnson County

From Johnson Drive go East until you reach Nieman Road. Take a left on Nieman and go North to 55^th Street. Right on 55^th Street to Switzer. Take a left on Switzer and go North to 53^rd Street. Right on 53^rd Street and go 1 ½ blocks to Farley Lane. Turn left on Farley Lane and go North one block to 52^nd Street. Make a left and turn into Brookhaven. Go west on Brookhaven 1 ½ blocks to 10020 W. 52^nd Street which is on your right.

If in doubt regarding directions do not hesitate to call.

CONSUMER INFORMATION

UNDERSTANDING WORKERS' COMPENSATION

As you know, we talk to many individuals who have been injured at work. I continue to be surprised at how many of them do not know what workers' compensation is. Employers, in particular, are poor in informing employees what to do if they are hurt on the job. Some supervisors do not want to report injuries. Many workers are afraid that they may lose their job if they report an injury.

Worker's compensation, however, is a system that actually benefits the employer. If one is hurt in the course of their employment, they cannot sue the employer even if the employer was negligent. Thus, business is protected from very costly lawsuits. The only remedy for the worker is to make a claim for workers' compensation benefits. Having this system in place allows the business community to have a ceiling in regard to liability exposure.

Unfortunately your recovery is likely to be less than if your employer was negligent and you could sue them. Many clients are surprised to learn that they are unable to recover for pain, suffering, mental anguish, loss of enjoyment of life etc. These types of losses are not included. The system only allows compensation for the following items.

The employer has an obligation to treat your injuries. However, they have a right to designate your treating doctors. In Kansas you may be allowed up to $500.00 if you choose your own doctor. If the employer neglects or refuses to provide treatment, you may be allowed to choose your own doctor. Mileage for treatment is recoverable in Kansas and if you have to leave the metropolitan area in Missouri. It may be possible to have the employer pay for future medical after you have received an award.

If the authorized doctor tells you that you can't work for more than 7 days in Kansas or 3 days in Missouri, you can receive weekly checks until you are released by the doctor. If the doctor restricts your activities and the employer doesn't have work within those restrictions, that is the same as being totally disabled. Remember, though, the authorized doctor must determine your incapacity. Do not decide for yourself that you just don't want to work. You could be fired or go without pay.
When the doctors have done all they can do for you, your attorney will arrange to have your disability evaluated (in Kansas this is called impairment). Certain doctors specialize in giving these ratings and it is important that a qualified evaluator be used. There are certain guidelines for the doctor to use in determining your loss. You receive compensation based on a formula that includes the amount of disability or impairment, the part of your body that was injured, and your wage rate.
There are some advantages to this compensation system. You do not have to prove negligence on the part of your employer. Even if one carelessly caused their own injury they can recover if they were in the course and scope of employment (some exceptions such as alcohol, drugs and horseplay apply). Employees can recover damages if they can prove that the employer retaliated against them for claiming workers' compensation benefits.

Workers' compensation cases can be quite complicated and can take longer than a simple automobile accident claim. However, generally, this is the only opportunity injured workers have for relief. They can receive proper medical treatment and reasonable compensation. After all, they didn't choose to get hurt, and injuries that are not properly treated can cause complications for someone the rest of their life.

If you are hurt on the job, do not hesitate to report your injury to the employer. This is your duty and failure to do so can seriously jeopardize your rights. In Kansas you may lose all right to compensation unless you notify your superiors within 10 days. When hurt on the job you should immediately request medical treatment. If you wait too long, your job may claim the injury was not work related. Should your employer tell you to go to a certain doctor, go to that doctor, even though you may not be happy with the care provided. I recommend that you discuss these problems with a lawyer and not simply miss scheduled appointments. Your attorney probably later will arrange for you to have an independent medical examination. If the employer allows you to see a doctor you choose, make sure you obtain written confirmation. Many supervisors have "selective memories" and may later deny that they told you to go to your own doctor unless you have something in writing. Otherwise, you may get stuck paying the bills yourself.

There are time limits for filing formal claims for workers' compensation. The laws and rules for workers' compensation are complex. It is hard for an employee to adequately represent themselves. Employers and insurance companies almost always have skilled attorneys represent them. It is simply an unfair fight. I, therefore, strongly recommend an injured employee discuss their claim with an experienced workers' compensation attorney.

WHAT TO DO IF YOU ARE IN AN AUTOMOBILE ACCIDENT

Obtain names, addresses and insurance information for both drivers. Be sure you see the insurance card; do not take the other driver's word for it that they have insurance with XYZ insurance company.
If the police come to the scene, make sure they are aware you were in the vehicle. If your name is inadvertently left off the police report and you were in the vehicle, it can cause substantial problems later on.
Unless you know for sure that you were NOT injured, do not make statements about not being hurt. Many symptoms are not apparent for several hours and then can later become quite substantial.
Generally, a police report is recommended. Sometimes weather is bad and drivers are asked to make "walk in" reports. Do so as soon as possible. Obtain the report number. Be sure to get all the information listed in item #1 for the walk-in police report.
Should you feel disoriented or suffer significant stiffness or pain, ask for emergency assistance. If these problems develop later on, seek emergency treatment at your first opportunity.

CONSUMER BEWARE NOTICE

Decide early on whether you wish the services of an attorney. An insurance adjuster may be calling you for a recorded statement and your attorney should be present.
If your stiffness, pain, headaches, dizziness, etc., persist, obtain follow-up medical care as soon as possible. Delay in doing so can not only adversely affect your recovery, but can also affect your claim.
Listen to your doctor and follow the advice given. Adhere to the recommended treatment schedule. Your claim can be affected by missed appointments and significant gaps in treatment.
Keep all medical bills, copies of off-work slips, and discharge instructions.
Should your injuries affect your life, keep a diary of such interference in daily routine.
Make sure you take pictures of your car damage. Do not forget to take pictures of scars, bruises, swelling, etc. before they heal.
Keep documentation of any lost income.
Make sure you give an accurate description of your injuries to your treating doctors. Tell them about any prior injuries. Do not exaggerate your complaints. Being honest and appropriate will maintain your credibility.
Be patient. Even though everybody wants to have their claim settled quickly, in order to get the best value for your claim, it is essential to gather all appropriate documentation. It is important that you be released from care and that the doctor has given a prognosis. Remember, once your claim is settled, you cannot reopen it.
Lastly, a warning about telemarketing services that contact victims of accidents. Investigations are pending regarding these practices. Use them at your own risk. It is preferable to stick with ethical and established attorneys and medical providers.

There are rules which severely restrict attorneys and doctors from directly soliciting business from individuals whom they have had no relationship with. These rules were put into place by professional organizations to protect the public. It appears, though, that there has recently been widespread circumvention of these rules by telemarketers with ties to certain attorneys and chiropractors. Unsuspecting individuals have been contacted by so-called investigators shortly after the accident and told to use these attorneys or doctors. Apparently the information has been obtained from inappropriate access to accident reports. Many who have agreed have reported distressing consequences. There have been reports of attorney's liens claimed although individuals have believed that they had not signed any contracts. Others have been faced with excessive chiropractor's liens.

Unfortunately a few bad lawyers and doctors give everyone a bad name. You wouldn't buy beach front property in Alaska or send money away to a telephone solicitor. For the same reason, you should not have your legal or medical services arranged by a telemarketer. There are many fine, ethical and honest accident lawyers available. You should meet with that attorney first and go over your case in detail. Make sure you are comfortable. Do not make your decision because some high pressure salesman is making a pitch. Most professional accident lawyers will provide a free, no obligation, initial consultation. If someone is going to pressure you in the beginning, you are likely to be pressured in the end.

ON THE JOB INJURIES
YOUR RIGHT TO AN INDEPENDENT RATING EXAMINATION

We have noticed lately an increasing and disturbing trend in workers' compensation cases. When an individual is not represented by an attorney, the claims adjuster or employer has not been advising them that they have a right to obtain their own rating. They are told that the company doctor has given them a rating and that they are going to have to settle their case based on that doctor's rating. Most insurance companies or employers use physicians that are "conservative" and tend to give low ratings.

An employee has a right to obtain their own disability or impairment ratings. Unfortunately the fee for obtaining these ratings runs between $350.00 and $550.00. Most attorneys who represent the employee will advance the cost of the doctors' report fee and wait until settlement to be paid. This allows the employee the benefit of the higher rating. Almost always this results in more money for the employee.

In many instances the independent doctor will conclude that more treatment is necessary. This may result in the employee being able to obtain additional medical treatment that the company had not agreed to provide before the examination. In Kansas there is an allowance of $500.00 for an independent opinion regarding treatment (although this allowance may not be used to obtain a rating).

Because of the way Workers' Compensation law is written, it is necessary that the injured employee cooperate with the doctor the employer has authorized. However, you have a right to have an independent opinion regarding your treatment, restrictions, impairment and disability. It is crucial, though, that the right physician be utilized and that doctor be provided all the pertinent medical information. You should consult an experienced workers' compensation attorney to take complete advantage of this opportunity.

JON K. LOWE ATTORNEY

Legal representation in Eastern Kansas and Western Missouri state and federal courts including workers compensation€ EXPERIENCED AND COMPETENT

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