FAQ on Birth Injuries

What Is a Birth Injury?

A birth injury should not be confused with a birth defect. A birth injury refers to harm sustained by an infant during labor or delivery. These injuries may be physical or neurological and occur as a result of complications during the birthing process.

In contrast, birth defects are typically caused by genetic conditions or environmental factors that develop during pregnancy and are not directly related to the labor or delivery process.

Birth injuries can occur for several reasons, including complications during labor, delayed medical intervention, or errors made by healthcare providers. In some cases, injuries such as Cerebral Palsy, Hypoxic‑Ischemic Encephalopathy, or Erb’s Palsy may result when proper medical care is not provided during delivery.

nec baby treatment

How Do Birth Injuries Affect a Child’s Future Independence

Birth injuries can have lifelong consequences for both the child and their family. Some injuries result in permanent disabilities that require ongoing medical care, therapy, and specialized support.

The impact extends beyond the injured child. Families often experience:

  • Increased medical expenses;
  • Changes to work schedules and daily routines;
  • Emotional stress for parents and siblings; and,
  • The need for long-term caregiving support.

Parents may need to adjust their careers or daily responsibilities to provide care, while siblings may also feel the emotional and logistical strain that comes with caring for a medically complex child.

How Does a Birth Injury Attorney Evaluate Whether Malpractice Occurred?

Attorneys investigate birth injury cases by carefully reviewing medical records and consulting qualified medical experts.

During this process, attorneys look for violations of the medical standard of care, which refers to the level of care that a reasonably competent healthcare provider would have provided under similar circumstances.

This evaluation often includes:

  • Reviewing medical records from pregnancy, labor, and delivery;
  • Having those records examined by medical professionals;
  • Identifying possible failures in care, such as inadequate fetal monitoring; and,
  • Determining whether the injury was directly caused by those failures.

This process helps answer two critical questions: What went wrong, and who is responsible?

What Happens During a Birth Injury Investigation?

A birth injury investigation typically involves close collaboration between attorneys and medical experts.

Medical specialists review the care provided by doctors, nurses, and hospital staff during labor and delivery. Additional expert opinions may be obtained to ensure the findings are accurate and supported by medical evidence.

The goal of the investigation is to determine whether a deviation from accepted medical practices occurred and whether that deviation caused the child’s injury.

What Should Families Expect During the Litigation Process?

The litigation process can be complex and emotionally challenging for families. Experienced attorneys guide clients through each step while gathering the evidence needed to support the claim.

This process may include:

  • Collecting and reviewing medical records;
  • Consulting medical experts;
  • Taking depositions from medical professionals and witnesses;
  • Conducting independent medical examinations; and,
  • Preparing the case for settlement negotiations or trial.

Throughout the process, attorneys work to build a strong case that clearly demonstrates how the injury occurred and the impact it has on the child and family.

What’s Involved in Calculating Lifetime Care Costs?

One of the most important aspects of a birth injury case is ensuring the child will have the financial resources necessary for lifelong care.

To determine these costs, attorneys often work with a life care planner, a medical and rehabilitation expert who evaluates the child’s long-term needs.

This analysis may include:

  • Future medical treatments and surgeries;
  • Therapy and rehabilitation services;
  • Specialized equipment or mobility devices;
  • Home modifications; and,
  • Long-term caregiving needs.

Life care planners frequently collaborate with economists to calculate the projected cost of these needs over the child’s lifetime.

How Birth Injury Lawsuits Improve Patient Safety

Birth injury lawsuits can help improve patient safety by holding negligent medical providers accountable.

When healthcare providers or facilities are required to answer for preventable errors, it can lead to meaningful improvements, such as:

  • Updated hospital protocols;
  • Improved staffing requirements;
  • Enhanced training for medical professionals; and,
  • Better monitoring procedures during labor and delivery.

These changes can help prevent similar injuries from happening to other families in the future.

How We Support Families Beyond the Lawsuit

Our firm is dedicated to helping families secure the resources they need for the future.

In addition to pursuing compensation through litigation, we work with financial professionals and trust attorneys to help families plan for long-term stability. This may include establishing special needs trusts and helping families navigate available state benefits.

Our goal is to ensure that every client has access to the support and financial protection necessary to provide lifelong care for their child.

At Langdon & Emison, we are committed to supporting families and providing clear answers during difficult times. If you have concerns about a potential birth injury, our team is here to listen and help guide you through the next steps.

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A Primer on TBI’s – Spotting the Signs of a Traumatic Brain Injury

A traumatic brain injury (TBI) is typically an abrupt disruption in your brain’s normal functionality by an external force, causing injury to your brain. Penetration, blunt force, or jolting, causing your brain to move within your skull, create direct damage to your brain and interference with how you can feel, move, behave, think and function through the rest of your body.

What are the common causes of TBI?

The most common causes of TBI are falls, car accidents, motorcycle accidents, assaults/violence, sports and recreation injuries, and blast injuries, which are common in military settings.

How are TBI’s classified? 

TBI’s are classified in 3 categories, depending on severity, mechanism, and injury type.  To determine the severity of a TBI, doctors will use the Glascow Coma Scale (GCS), which focuses on your loss of consciousness and memory loss.

Even a mild TBI (concussion) is scored around 13-15 on the GCS, generally meaning that you could have experienced loss of consciousness for 0-30 minutes, confusion or memory loss, headaches, dizziness, nausea, or sensitivity to light. So in the most important sense, there is no such thing as a “mild” or even a “moderate” TBI.

Those classified as a moderate TBI scores from 9-12 on the GCS, where we start to experience loss of consciousness, lasting 30 minutes to 24 hours, and more noticeable cognitive, physical, or behavioral changes in a person who is experiencing moderate TBI.

Finally, a severe TBI scores at 3-8 GCS with loss of consciousness for more than 24 hours, high risk of long-term disability, or death.  The classification by mechanism of injury entails Closed TBI, where your skull remains intact, or Penetrating TBI, meaning an object breaks through the skull and damages your brain tissue.

There are several types of brain injuries that could contribute to the diagnosis process. A concussion: temporary disruption of brain function, contusion: bruising of brain tissue, diffuse axonal injury (DAI), widespread damage to nerve fibers from rapid movement or rotation, hematomas: bleeding inside the skull (epidural, subdural, intracerebral), and skull fractures: can accompany or worsen brain injuries.

Classifying TBIs matters because it helps guide doctors in the right direction for your treatment, prognosis, and recovery plans. Mild TBIs can even have serious or long-lasting effects if not properly treated.

Who is MOST at risk of TBI? 

We know the types of TBIs, how they are classified, and generally, the most common ways they can occur. But now, let’s discuss who is at the highest risk of a TBI. Maybe you have a pretty good idea of those answers at this point. But let’s go over it with the “why.”

Children (0-4 years) & Older Adults (65+), with falls being the leading cause. Teens & Young Adults (15-24 years) are at higher risk of sports injuries, motor vehicle accidents, and maybe a little “Dare-Devil” mentality or risk-taking behaviors. Athletes in contact sports such as football, hockey, boxing, wrestling, etc., are at high risk due to the nature of their chosen sport.

Military Personnel & Veterans can be exposed to a lot of different things with the risk of TBI: combat injuries, training accidents, and blasts. Substance use can lead to a higher risk of obtaining a TBI as well, for obvious reasons.

Some occupations can put you at high risk for TBI. Those jobs include firefighters, construction workers, roofers, law enforcement officers, etc. People with balance or neurological conditions are also, without needing to say, at high risk for obtaining a TBI, as they are more prone to falls.

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Federal trucking regulations that can make or break your injury case

All commercial truck drivers and trucking companies must follow safety and operating rules set by the Federal Motor Carrier Safety Administration (FMCSA). These federal regulations for truck drivers are intended to preserve the safety of everyone on the road and cover driving time, vehicle weight, training, and electronic logging of vehicle movements.

After a commercial truck crash, a Kansas City truck accident lawyer will typically review whether the driver or trucking company complied with FMCSA regulations. Federal motor carrier safety rules often play an important role in how a claim is assessed.

What are the federal regulations for truck drivers?

Federal regulations for truck drivers set minimum safety standards for commercial motor vehicle operation across the United States. These rules apply to drivers, carriers, and fleet operators involved in interstate commerce.

FMCSA regulations cover driving time, rest periods, vehicle weight limits, driver qualifications, and recordkeeping requirements. Compliance with these rules is mandatory, and violations can have serious safety and legal consequences.

Hours-of-service (HOS) rules

HOS rules limit how long commercial drivers can work and drive without rest. These rules are intended to reduce crashes related to driver fatigue.

Under current FMCSA regulations, most property-carrying drivers may drive up to 11 hours within a 14-hour on-duty window, after taking 10 consecutive hours off duty. Drivers must also take a 30-minute break after eight cumulative hours of driving time. Weekly limits restrict drivers to 60 or 70 on-duty hours over seven or eight days, depending on the carrier’s operating schedule. Violations of HOS rules may point to unsafe driving practices or inadequate carrier oversight.

Alcohol and drug regulations

Commercial drivers are subject to stricter alcohol and drug standards than non-commercial motorists. A commercial driver is considered impaired with a blood alcohol concentration of 0.04%, which is half the legal limit for most private drivers.

FMCSA regulations also require pre-employment, random, post-accident, and reasonable-suspicion drug and alcohol testing. Positive tests or testing failures may indicate regulatory violations that affect liability after a crash.

Vehicle weight and cargo requirements

Federal regulations limit the weight of commercial vehicles operating on public highways. Most tractor-trailers may weigh up to 80,000 pounds under federal law, depending on axle configuration and roadway restrictions.

Drivers and carriers are responsible for ensuring cargo is properly loaded and secured. Improper weight distribution or unsecured loads can affect braking, steering, and rollover risk, increasing the likelihood of a serious collision.

Electronic logging devices (ELDs)

Most commercial drivers must use electronic logging devices to track hours-of-service compliance. ELDs automatically record driving time, duty status changes, and limited location data based on federal requirements.

While ELDs are not designed to replace full vehicle data systems, they can provide important insight into whether a driver exceeded permitted driving hours or failed to take required breaks before a crash.

Licensing and training requirements

Commercial drivers must hold a valid commercial driver’s license (CDL) appropriate for the type of vehicle they operate. Additional endorsements and training are required for certain cargo, including hazardous materials.

Trucking companies are responsible for verifying driver qualifications, monitoring compliance, and providing appropriate supervision. Gaps in training or oversight may contribute to regulatory violations.

How do FMCSA regulation violations strengthen my truck accident case?

Many FMCSA regulations are intended to prevent driver negligence that can cause a wreck, so identifying instances where the trucker, trucking company, or both violated these federal rules establishes a foundation of negligence in your case. Proving that the driver, carrier, or both failed to meet industry standards supports your claim.

Trucking companies know that they could be in a lot of trouble for failing to properly supervise their drivers or tacitly allowing them to violate FMCSA regulations. Some carriers set tough delivery schedules; meeting them often means the driver must operate outside permitted HOS. Records may be incomplete or inconsistent, making early legal review crucial.

The trucking company’s records, including fleet maintenance records and employment records, are also vital to determining whether FMCSA violations played a role in the collision. Your lawyer can subpoena and review these records, too, as part of their case-building.

Get the legal help you need after a semi-truck crash

Federal trucking regulations set clear standards for commercial transportation safety; any violation of these rules by the driver or carrier can strengthen your claim against them, as long as the evidence of regulatory violations is properly presented in your case.

At Langdon & Emison, we help people injured in truck accidents understand how federal safety regulations apply to their case. We review FMCSA compliance to determine whether regulatory violations may have contributed to a crash. Our role is to explain what the evidence shows and how those findings may affect your legal options.

If you’ve been hurt in a commercial vehicle accident and need help getting treated fairly in the claims process, talk to us.  Give us a call at (866) 931-2115 or contact us online for a free consultation.

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What makes a lawyer a “trial attorney” — and why it matters in high-stakes cases

A trial attorney is a lawyer who’s ready to take a case to court when a dispute can’t be resolved through negotiation. In serious personal injury cases, that readiness matters and affects how compensation is pursued. Knowing what makes a good trial attorney helps injured people understand what to look for when choosing legal representation.

At Langdon & Emison, our Kansas City personal injury lawyers represent people across Missouri, Kansas, and Illinois in car accidents, workplace injuries, nursing home abuse, and other complex injury cases. Trial preparation is a core part of our practice, particularly when a case may require courtroom advocacy.

What makes a good trial attorney?

A good trial attorney combines legal knowledge with courtroom skill and disciplined preparation. At its core, trial advocacy requires the ability to present facts clearly and apply the law in a way a judge or jury can understand.

Good trial attorneys know how to examine witnesses and frame legal arguments within applicable civil rules and jury instructions. In Missouri, for example, attorneys have to prepare cases with the Missouri Approved Instructions (Civil) in mind, so legal standards are accurately reflected at trial.

High-stakes civil cases often involve multiple expert witnesses, professionals in narrow fields, such as internal medicine, chemistry, or accident reconstruction, whose sworn testimony adds credibility to a lawyer’s position. However, much of an expert witness’s testimony is technical and complex. Good trial lawyers know how to ask questions of these experts in a manner so that the answers are easily understood by the jury.

It’s not unusual for a jury trial to have at least one surprise. Good trial lawyers know how to mitigate any damage to their case and how to respond quickly, yet effectively, to an unexpected answer from a witness or the presentation of evidence whose importance may have been overlooked during discovery.

When do you need a trial attorney instead of a general lawyer?

If your case is complex, involves a considerable amount of money, or if the outcome will affect the lives of many people, and there’s a good chance it will go to trial, then you need a skilled litigator. Serious personal injury cases, in which the plaintiff isn’t expected to fully recover or has sustained permanent, disabling injuries, are one such case. Personal injury claims with multiple defendants, as you’d see in a semi-truck accident case, are another.

If your personal injury claim involves multiple plaintiffs, as is the case with many product liability claims, then you may need more than one trial lawyer, especially if the case is a mass tort (a lawsuit involving many individuals against one or a few defendants) or class action (a lawsuit filed by one or more people on behalf of a larger group with similar claims).

If liability in your case is clear and undisputed, and its value is relatively low, a general lawyer may be capable of negotiating a settlement on your behalf, without the need for a trial to settle the matter. But if there’s a chance your case will go to trial, you want a trial attorney.

How do I choose a good trial attorney?

Consider the following factors in choosing the right litigator:

  • A strong track record of wins in your type of case (personal injury, criminal, class action, etc.)
  • High success rate in securing favorable jury verdicts
  • Access to sufficient resources to properly try the case, including collaboration with expert witnesses and the funds to litigate the trial (most personal injury lawyers only get paid after they win, and front the costs of your trial)
  • Board-certification in the type of legal matter you’re facing, which demonstrates advanced knowledge and expertise
  • Strong professional reputation and respect in the legal industry

Get the skilled legal help you need for your personal injury case

The attorneys at Langdon & Emison have a demonstrated ability to win trials, with record-setting jury awards in several types of personal injury claims. If you have been injured due to someone else’s negligence, let us fight for the full and fair compensation you deserve. Call our firm today at (866) 931-2115 or contact us online for your free, no-obligation consultation and take the first step toward justice.

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How are truck accidents different from car accidents?

Truck accidents differ from car accidents in nearly every way: the forces involved are greater, the injuries are often more severe, and the laws that govern commercial trucks add layers of complexity. When a large truck weighing up to 80,000 pounds strikes a passenger car, the results can be life-changing. 

If you were injured in a truck crash and need help understanding your options, a Kansas City truck accident lawyer at Langdon & Emison can walk you through the process and explain what comes next.

semi truck transporting cargo on highway - how are truck accidents different from car accidents
White industrial carrier big rig semi truck tractor with extended cab for truck driver rest transporting cargo in reefer semi trailer running on the one way highway road in California mountain range

Why are truck accidents more dangerous than car accidents?

Truck accidents are more dangerous because of the sheer size and weight of commercial trucks. A fully loaded tractor-trailer can weigh twenty times more than a passenger car, and when that kind of force hits a smaller vehicle, the people inside often suffer the consequences.

Injuries from these crashes can be severe and long-lasting. We often see spinal cord injuries, traumatic brain injuries, crushed limbs, and long-term disabilities that require months or years of treatment. Families tell us how quickly medical bills add up and how overwhelming it feels to balance recovery with everyday responsibilities.

The property damage is also far greater, which means the investigation is more detailed. Reconstructing what happened takes time, and the recovery process can feel more complicated than after a typical car accident.

How do federal trucking regulations impact a truck accident case?

Truck drivers and motor carriers must follow rules set by the Federal Motor Carrier Safety Administration (FMCSA), which oversees hours of service, vehicle inspections, maintenance schedules, and driver qualifications. These regulations shape how fault is evaluated in a truck accident case.

For example, hours-of-service rules limit how long a driver can be on the road before taking a break. If a driver violates these limits, driver fatigue may have played a role in the crash. Maintenance violations, poor training practices, and drug and alcohol testing failures can also become central pieces of evidence.

Car accidents don’t involve these federal rules, so the legal questions tend to be more straightforward. In a truck crash, understanding these rules is essential to determining what happened and who is responsible.

Why is fault harder to determine in a truck accident?

Fault in a truck accident can involve multiple parties, which is different from most car accident cases, where one or two drivers are involved. In a truck crash, responsibility may include:

  • The truck driver
  • The trucking company
  • A maintenance contractor
  • A cargo loading team
  • A parts or vehicle manufacturer

Each party has its own insurance policy, legal duties, and potential defenses. Trucking companies may be responsible for negligent hiring, unsafe training, or failing to follow federal motor carrier safety requirements. Cargo loaders may be liable if an improper load shifted and caused the crash. A maintenance provider may be responsible if a brake or tire failure contributed to the collision.

This broader scope makes these cases more time-intensive and requires a deeper investigation than a typical motor vehicle accident.

How does insurance differ between truck accidents and car accidents?

Commercial trucks carry much larger insurance policies than regular passenger cars, and while that means there may be more coverage available, it also brings more pushback. When a serious injury is involved, the insurer knows the stakes are high, and they often work quickly to protect their position.

Many clients are surprised by how fast trucking insurers mobilize. Adjusters and attorneys sometimes start gathering information the same day as the crash. Their goal is to find ways to limit responsibility, whether that means challenging fault or questioning the extent of your injuries. Car accident claims rarely involve this level of pressure because the insurance limits are much smaller.

Why does a truck accident require a more thorough investigation?

Truck accident investigations involve more evidence than standard car accidents. In many cases, our team reviews:

  • Electronic logging devices
  • Driver logbooks
  • Maintenance and inspection reports
  • Weight and cargo records
  • GPS data
  • Employment files and training records

This information helps explain what went wrong and whether federal or state safety violations contributed to the crash. Passenger car accidents do not involve this level of documentation, so the investigation is typically shorter and more straightforward.

Do truck accidents lead to different types of injuries?

Car accidents can cause serious injuries, but a truck crash can change the direction of someone’s life in a moment. When a commercial truck hits a passenger vehicle, the force often leads to spinal cord injuries, traumatic brain injuries, severe fractures, or organ damage. These injuries take time, energy, and support to manage, and many clients face months or years of treatment.

Recovery isn’t a straight line. Some people need ongoing care, help returning to work, or support with daily routines. Because these needs evolve over time, understanding the full value of the case takes careful attention to medical records, lost income, future care, and how the injury has affected day-to-day life.

How should someone injured in a truck crash move forward?

After a truck accident, it helps to speak with an attorney who understands these cases. The laws, evidence, and insurance issues are different than those in a car accident. An early conversation can help protect important records and give you a clearer path forward.

Talk to Langdon & Emison Attorneys At Law

If you were injured in a truck accident and need clarity about your legal options, we’re here for you. At Langdon & Emison, we understand how overwhelming these cases feel, and our team has the experience to guide you through every step.

To get started, contact us online or call (866) 931-2115 to speak with a truck accident lawyer in Kansas City today.

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How to know if you have a strong personal injury claim

If you’ve been injured in Kansas City and are trying to understand whether you have a strong personal injury claim, a few signs can point you in the right direction. Strong claims usually have clear fault and real financial losses. When these pieces line up, a Kansas City personal injury lawyer at Langdon & Emison can help you understand what Missouri law says about your situation and what steps can come next.

What does a strong personal injury claim look like in Kansas City?

A strong claim is built on three pillars: someone else’s negligence, documented injuries, and clear damages. These elements apply across many types of personal injury cases, including car accidents, slip and fall incidents, medical malpractice, and other events that cause harm.

Missouri law requires plaintiffs to show that another party failed to use reasonable care and that this failure directly caused their injuries. When these pieces come together, your claim is usually in a strong position for negotiations with the insurance company or litigation if needed.

How do you know if someone else was negligent?

You can often tell someone else was negligent when the evidence shows they didn’t take reasonable steps to keep you safe. Maybe a driver sped through a light, a store left a hazard on the floor, or a medical professional didn’t follow proper procedures.

Missouri law looks for two pieces to prove negligence: a duty of care and a breach of that duty. If your injuries tie directly back to that breach, the responsibility for what happened becomes clearer, and your case grows stronger.

How do your injuries affect the strength of your case?

Your injuries matter to the strength of your personal injury claim, and the clearest cases are the ones supported by thorough medical documentation. Medical records show what type of personal injury you suffered, the treatment you needed, and whether your doctors expect long-term effects. They also help outline medical expenses, pain and suffering, and any future care you may require.

Some injuries tend to strengthen a claim because they create a bigger impact on daily life. Traumatic brain injuries, spinal injuries, fractures, and injuries that require surgery often affect someone’s ability to work, care for their family, or move comfortably through the day. When the medical evidence reflects that kind of disruption, the measurable impact of the event becomes clearer.

What forms of evidence support a strong personal injury claim?

Evidence helps connect the event and the responsible party. It also allows an attorney to link your injuries to the incident and measure the financial losses you experienced

  • Medical records that track treatment and recovery
  • Police reports from the Kansas City Police Department
  • Photos or videos of the accident scene and property damage
  • Statements from witnesses
  • Employment records showing lost wages

How does Missouri’s pure comparative fault rule affect a case?

Missouri uses a pure comparative fault system. This means your compensation is reduced by your percentage of fault, but you can still recover damages even if you are partially responsible for the accident. For example, if you were 20% at fault in a car accident, your recovery would be reduced by that percentage.

Because of this rule, clear evidence and strong documentation help protect the value of your case. An attorney reviews all available information to assess how fault might be assigned and how that may influence a personal injury lawsuit.

How does the Missouri statute of limitations affect the strength of your claim?

Missouri gives you five years from the date of the incident to file a personal injury claim. While that seems like a long time, waiting can make a case harder to prove. Evidence can disappear, witnesses may be difficult to reach, and delays in treatment often give the insurance company room to argue that your injuries were not as serious as they appear.

Medical malpractice cases can follow different deadlines, which is why early legal guidance matters. If a medical professional’s actions caused your injuries, speaking with an attorney sooner helps protect your options.

What can weaken a personal injury claim in Kansas City?

Some situations make a case harder to pursue, even when someone has been seriously harmed. Examples include:

  • Minimal medical treatment or long delays before seeking care
  • No identifiable at-fault party
  • Very minor injuries with little financial impact

A claim may still be viable, but an attorney may need to gather additional records or expert opinions to strengthen the case.

What should you do if you believe you have a strong claim?

Your actions after an injury can influence the strength of your case. Two steps are especially important:

  1. Seek medical treatment right away. Seeing a doctor promptly creates a record that connects the injury to the event.
  2. Preserve evidence. Keep photos, reports, and documents, and avoid making detailed statements to the insurance company before speaking with a lawyer.

An experienced personal injury attorney reviews your injuries and available evidence to help you understand the full scope of your claim.

When should you contact a personal injury lawyer in Kansas City?

If you’ve been injured, are dealing with medical bills, have missed work, or feel the insurance company is downplaying your situation, speaking with an attorney can bring clarity. At Langdon & Emison, we can review the strength of your personal injury claim so you can focus on healing.

To get started, contact us online or call (866) 931-2115 to speak with a personal injury lawyer in Kansas City today.

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How Langdon & Emison won Vermont’s largest auto defect verdict

Heco v. Midstate Dodge LLC et al. began with a devastating injury and ended with one of the most significant automotive defect verdicts in Vermont. In 2013, a Chittenden County jury awarded Dzemila Heco $43.1 million for the life-altering spinal cord injury she suffered when the driver’s seat in her 2000 Dodge Neon collapsed during a rear-end collision.

The trial became a defining moment in seatback-failure litigation and remains an important example of why automotive safety standards and accountability matter for every family on the road.

Langdon & Emison had the privilege of representing Ms. Heco, advocating for answers, accountability, and long-overdue recognition of the dangers posed by weak seatback designs.

Dzemila Heco’s story

The plaintiff in Heco v. Midstate Dodge LLC et al. was Ms. Dzemila Heco, a survivor of the Bosnia civil war who emigrated to the U.S. and has since worked tirelessly to provide for her family. In 2007, she was stopped at a red light when another vehicle struck her Dodge Neon from behind.  

The impact caused the driver’s seatback to collapse rearward, throwing her into the back, where her head struck the back seat. The failure of the seat, seatbelt system, and other restraint components left her with a severe spinal cord injury and permanent quadraplegia.  

Her two sons, who were also named in the early filings, helped care for their mother, with one ultimately putting his college education on hold to support her daily needs. Her case became not only a legal matter, but a story of a family adjusting to a new reality while seeking justice for a preventable harm.

Ms. Heco filed suit against:

  • Midstate Dodge, the dealership
  • Chrysler Group LLC, the vehicle manufacturer
  • Johnson Controls, Inc. (JCI), the seat manufacturer
  • Autoliv ASP, Inc., the seatbelt manufacturer  

Each entity had a role in designing, manufacturing, or selling components that were alleged to have failed during the crash.

“Rear-end accidents happen all the time, but especially in a minor wreck like this one, you shouldn’t be paralyzed,” said lead attorney Bob Langdon, who has tried several precedential cases around the country in auto products litigation, including the Ford/Firestone matters that received national media attention.

How the case narrowed—and why Johnson Controls went to trial

Several companies were named when the lawsuit was first filed, including the dealership, the vehicle manufacturer, and the makers of the seat and seatbelt. Over the next few years, most of those claims were settled. Autoliv settled first, followed by Midstate Dodge and Chrysler Group.  

By the time the case reached a jury in 2013, only one company remained: Johnson Controls, the designer and manufacturer of the seatback. The key issue was whether the seat’s design was strong enough to protect the driver in a rear-end collision. Evidence showed that the seatback could rotate and collapse under forces that were anticipated. Experts also testified about safer designs that could have prevented the collapse.

The trial focused entirely on the seatback design and whether its failure played a direct role in Ms. Heco’s injuries.

How the jury reached its record verdict

The jury agreed, and at the conclusion of the June 2013 trial, found in favor of Ms. Heco and awarded her over $43.1 million. The case featured expert testimony on seat design failures and on the biomechanics of preventable injuries. Additional expert testimony focused on the legal concept of corporate negligence, which proved a key factor in the jury’s decision.

As the trial progressed, a Johnson Controls representative attempted to shift the blame to Chrysler, and the attempt was so blatant that the jury found it offensive, as it was clear that Johnson Controls had designed the seat.  And, the jurors recognized the human toll behind engineering failures, issuing a record-setting verdict to drive this home.

“This is a good example of why we do what we do,” said Langdon, who is a Fellow in both the American Board of Trial Advocates and the International Academy of Trial Lawyers.  “This family had no means to support their mother, who, through no fault of her own, became paralyzed for life.  This is an example of the type of complex case that we like to take on, from a wreck that she should have been able to walk away from.”

How this case impacted auto product liability

Heco v. Midstate Dodge LLC et al. isn’t the only landmark case Langdon & Emison has litigated. The firm has demonstrated expertise in other defective auto parts cases, such as seatback collapse, defective airbags, fuel-fire, and tire defect cases, including:

Learn more about Langdon & Emison’s work on improving consumer safety

It’s through landmark cases, like Heco v. Midstate Dodge LLC et al., and others we mentioned above, that true change in auto parts safety is accomplished. Although vehicle and parts manufacturers take steps to ensure occupant safety, many corporations prioritize profits over safety, as these cases and others show. The work of defective consumer product litigators, like those at Langdon & Emison and personal injury law firms across the country, is critical to holding these negligent corporations accountable for the human toll their errors cause.

For more information about Langdon & Emison’s commitment to vehicle safety, or to discuss a case of your own, call (866) 931-2115.

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How Langdon & Emison supports mock trial teams and legal education

Every year, Langdon & Emison is recognized as one of the nation’s leading personal injury law firms by Best Lawyers, U.S. News and World Report, and other legal media guides. While the firm is honored by these distinctions, its attorneys believe that giving back to the community is just as important as the work done in the courtroom.

Participation in local legal associations, including the American Association for Justice and the Attorneys Information Exchange Group, gives our attorneys the chance to share knowledge and connect with others in the field. Ongoing learning matters, but so does supporting the next generation of legal minds who will one day step into the courtroom themselves.

One meaningful way that lawyers from Langdon & Emison enjoy giving back is sponsorship and participation in local mock trials and similar competitive activities.

Supporting the next generation of trial lawyers

Langdon & Emison is proud to be a long-standing Midwestern firm with close ties to the University of Missouri-Kansas City’s pre-law and law school programs. As a major sponsor of the UMKC Mock Trial team, we’re committed to supporting students with both funding and hands-on involvement.

UMKC Law runs several Mock Trial and Moot Court competitions each year. Students get to put their preparation and presentation skills to the test, often competing against teams from around the country. Our attorneys regularly step in as judges, giving students the chance to present their work before real trial lawyers.

We also enjoy mentoring and coaching these teams. It’s an opportunity to help students take their first steps into the world of courtroom advocacy and understand what it’s like to stand in front of a judge or a jury.

Why mock trial matters in legal education

Mock trial matters because it gives students a chance to take what they’ve learned in the classroom and try it out in a real, structured setting. Instead of studying cases from a distance, students get to step into the role of an advocate, handle evidence, talk to witnesses, and present arguments in front of a judge. It’s often the first time they see how legal rules play out in practice, and it helps bridge the gap between theory and real-world decision-making.

Mock trial also helps students build confidence. Standing up in front of others, thinking through unexpected questions, and explaining complex ideas in a clear way are all skills that develop over time. These programs give students a place to practice in a supportive environment where mistakes are part of the learning process. For many, it’s the moment they realize they can succeed in a courtroom setting someday.

There’s also a strong teamwork element that benefits students long after the competition ends. Preparing a case means dividing responsibilities, developing a shared strategy, and working through stressful moments together. Those early experiences with leadership and collaboration help students grow into steady, capable advocates who understand how important it is to work well with others.

Notably, a mock trial provides valuable exposure to the respectful, professional culture expected in real courtrooms. Students learn how to carry themselves with confidence and how to manage pressure in a constructive way. These experiences shape future litigators long before they enter the profession, and they help strengthen the quality of advocacy in communities across Missouri, Kansas, and Illinois.

Why service to legal education strengthens the justice system

Legal education is about far more than preparing for exams. It plays a direct role in shaping the strength and fairness of the civil justice system. When experienced lawyers take the time to guide future advocates, they help new attorneys understand the responsibility that comes with speaking for individuals and communities. Supporting legal education creates a pipeline of thoughtful, ethical trial lawyers who will one day stand beside injured clients and help them seek accountability.

Early mentorship also expands access to justice. Students who receive coaching and meaningful exposure to advocacy are better prepared to serve people who might otherwise struggle to navigate the legal system.

When firms invest in students, they strengthen the legal profession long before any case reaches a courtroom. That support helps preserve the quality, integrity, and future of trial work for the communities we serve.

[H3] What legal sponsors do for mock trial teams

So, how do your local personal injury attorneys help UMKC and other local mock trial teams prepare? Many offer financial support, helping teams cover expenses such as travel and lodging for competitions, as well as registration fees and materials.

Mentorship and coaching are other essential elements of sponsorship. We help students develop coherent legal arguments, answer questions about the fine points of the law, and provide actionable tips for presenting their arguments before the mock trial judge. In addition to coaching, attorneys from Langdon & Emison often volunteer to judge and score scrimmages and competitions, providing valuable feedback to the teams.

Contact Langdon & Emison for more information about sponsorship and support

Are you a Mock Trial club participant seeking a professional mentor to sponsor your team’s efforts? Maybe you’re founding a mock trial team at your own institution and need guidance to get started. At Langdon & Emison, we encourage aspiring litigators and legal students to reach out for community support, partnerships, and sponsorships. We believe in giving back to the community through education, mentorship, and direct sponsorship. Contact us online today or give us a call at (866) 931-2115 to discuss your ideas.

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How to know if your airbag is defective

Your airbags are there to protect you when a crash happens. When something goes wrong with the airbag system, the results can be frightening. A faulty airbag may not go off when you need it, or it could deploy when you are simply driving down the road. That kind of surprise can lead to serious injuries.

If the warning light on your dashboard isn’t working or the airbag control module has a glitch, you may not realize there’s a problem at all. Knowing the signs of a defective airbag helps you keep yourself and your passengers safe every time you get behind the wheel.

If you believe a defect may be involved, a defective airbag lawyer from Langdon & Emison can help evaluate your situation and explain the next steps.

How to know if your airbag is defective through recalls

One of the most common ways to confirm an airbag defect is through a recall issued by the vehicle or airbag manufacturer. When a large-scale problem is identified, automakers notify affected owners so the part can be repaired or replaced at no cost.

Car owners in Missouri and Illinois can check for recalls by entering their 17-character Vehicle Identification Number (VIN) on the National Highway Traffic Safety Administration (NHTSA) website. Your VIN appears near the lower-left corner of the windshield, the driver’s doorjamb, or on insurance and registration documents.

Airbag recalls are ongoing nationwide, and many vehicles remain specifically impacted by defective Takata airbags. The issue stems from a chemical inside the airbag inflator that can degrade over time. In a crash, it may ignite too fast and cause the metal inflator to rupture, sending sharp fragments into the cabin.

Signs of a defective airbag

There are situations where a recall hasn’t been announced, or the problem only affects a limited number of vehicles. Common indicators include:

  • The airbag doesn’t deploy during a collision
  • Rupture or explosion during deployment
  • Deployment with excessive force leading to face, eye, or neck injuries
  • Unexpected deployment while driving normally

Swelling or bruising can occur even when airbags work properly, particularly in higher-speed crashes. When a driver or passenger sustains more severe facial injuries, eye damage, or fractures due to excessive force, attorneys can investigate whether the airbag malfunctioned.

Your legal options if you sustained injury due to a faulty airbag

When a defective airbag contributes to a crash or increases the severity of injuries, multiple parties may be responsible. Liable parties may include the vehicle manufacturer or the company that designed or produced the airbag components.

Legal claims involving defective airbags often require a review of crash data and engineering evidence to show how the defect affected the outcome. If the defect has impacted many drivers, your case may be handled through consolidated litigation such as multidistrict litigation (MDL). This structure allows injured consumers to pursue compensation more efficiently when similar injuries occur across millions of vehicles.

How a defective airbag lawyer can help

Langdon & Emison has a long history of handling airbag defect cases, including those involving Takata airbags. When an airbag deploys with too much force, sends shrapnel flying, or fails to deploy at all, the consequences can change a person’s life in an instant.

Our experienced legal team knows how to investigate issues like sensor errors and airbags that strike an occupant before they fully inflate. We also examine whether the vehicle came with the proper warnings about potential airbag dangers and how to avoid injury.

With decades of experience, Langdon & Emison works to hold manufacturers accountable and help families recover after these preventable failures. Call (866) 931-2115 or contact us online to schedule a free consultation.

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