Brian S. Franciskato

Attorney Profile

Top Rated Products Liability Attorney in Kansas City, MO

Nash & Franciskato Law Firm
 | Two Pershing Square, 2300 Main Street, Suite 170
Kansas City, MO 64108
Phone: 816-221-6600
Fax: 816-221-6612
Selected to Super Lawyers: 2008 - 2018
Licensed Since: 1993
Practice Areas:
  • Personal Injury - Products: Plaintiff (70%),
  • Personal Injury - General: Plaintiff (30%)
Attorney Profile

Brian S. Franciskato, a partner at Nash & Franciskato Law Firm, is an accomplished litigator representing plaintiffs in the Kansas City, Missouri, metropolitan area with personal injury and wrongful death claims. Mr. Franciskato also handles mass tort cases involving medical devices and pharmaceuticals on a nationwide level.

Mr. Franciskato earned his undergraduate degree from William Jewell College and his law degree from the University of Missouri School of Law. He is admitted to practice in the state courts of Missouri and Kansas, the U.S. District Court for the Western District of Missouri and the U.S. District Court for the District of Kansas. Mr. Franciskato has also represented plaintiffs and corporations in many other states.

A firm believer in professional education and outreach, Mr. Franciskato is frequently asked to speak for conferences on topics related to civil litigation and evidence. He has also had his writing published in legal publications, including in handbooks that are widely used by other attorneys.

Mr. Franciskato is active in a number of professional organizations, including the Kansas Bar Association, the Missouri Bar, the Kansas City Metropolitan Bar Association, the American Association for Justice and the Missouri Association of Trial Attorneys. He is also a member of Missouri Trial Lawyers Care, an organization dedicated to improving the quality of life in areas where members of the Missouri Association of Trial Lawyers reside.

Throughout his career, Mr. Franciskato has received many accolades and awards. He is rated AV Preeminent* by the peer review service Martindale-Hubbell and is a lifetime member of the Multi-Million Dollar Advocates Forum.

*AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - Products (70%): Medical Devices

Personal Injury - General (30%): Personal Injury - Plaintiff, Wrongful Death, Trucking Accidents

Focus Areas

Medical Devices, Personal Injury - Plaintiff, Wrongful Death, Trucking Accidents


Selected to Super Lawyers for 11 yearsbottom-image

Super Lawyers: 2008 - 2018

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About Brian Franciskato

Admitted: 1993, Missouri

Professional Webpage:


  • Best of the Bar - Selected as a Top Attorney in the Kansas City Metropolitan area for excellence in representing clients in serious personal injury, products liability and wrongful death cases.  , K.C. Business Journal, 2013
  • Lifetime Member Multi-Million Dollar Advocates, 2010
  • Kansas City Legal Leaders Award for Law Firm Pro Bono Legal Activity in the community., Law Firm Pro Bono Legal Leader Award, The Daily Record and Missouri Lawyers Weekly, 2008
  • Member Super Lawyers (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017)
  • National Trial Lawyers Association - Top 100 Lawyers in Missouri
  • American Jurisprudence Award for Pre-Trial Litigation and Procedure, University of Missouri-Columbia School of Law
  • Order of the Barristers Award, University of Missouri of Columbia- School of Law
  • National Environmental Law Moot Court Team, University of Missouri-Columbia School of Law
  • Member of the National Environmental Law and Policy Review, University of Missouri-Columbia School of Law
  • Member of the Board of Advocates, University of Missouri-Columbia School of Law
  • Fred L. Howard Award for Excellence in Advocacy, University of Missouri-School of Law

Bar/Professional Activity:

  • Missouri Association of Trial Attorneys, Board of Governors 2004-present, 2007
  • Kansas Bar Association (1994- present)
  • American Association of Justice (2003- present; Board of Governors and Presidents Member; Product Liability Section, Member;  Medical Device Litigation Section, Member;  Orthopedic Implant Litigation Group, Member;  Electronic Discovery Litigation Group, Member)
  • Kansas City Metropolitan Bar Association, 1995-present, Leader of the Bar; Sustaining Member, Torts Law Committee (Chairman), Solo and Small Firm Committee
  • The Missouri Bar Association, Civil Practice and Tort Law Committees, 1993- present

Pro bono/Community Service:

  • Sponsor and Member of Justice for Missouri Families
  • Lee's Summit Soccer Association Board Member-  The Lee's Summit Soccer Association (LSSA) is dedicated to providing the youth of Lee's Summit with the opportunity to play soccer. We offer opportunities for every player living in the Lee's Summit Community - youth and adult, recreational and competitive, servicing over 2400 participants a season.  
  • Member of Missouri Trial Lawyers Who Care (Mo-TLC).
  • Annual Sponsor and Member of the Red Cross Emergency Disaster Relief Response Team providing legal services to victims of natural disasters.
  • Annual Sponsor of the Lee's Summit Education Foundation
  • Annual Sponsor of the Kansas City Blanket Project for the Homeless
  • Annual Sponsor of Lawyers Encouraging Academic Performance

Scholarly Lectures/Writings:

  • Mr. Franciskato gave a presentatoin for members of teh KCMBA Tort Law Group regarding the legal issues surrounding Medicare and Medicaid Lins, ERISA and Health Insurance Subrogation Rights, Hospital Liens, and Workers Compensation Liens., Faculty, Personal Injury Nuts and Bolts: Navigating Liens and Subrogation Issues, Kansas City Metropolitan Bar Association, Kansas City Metropolitan Bar Association, 2016
  • Served as Faculty Lecturer, "Hearsay Objections and Exceptions", 2014
  • "Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants", American Association of Justice, 2009
  • "Working with Expert Witnesses: The Plaintiff's Attorney's Perspective", Humantec Engineering Group, 2009
  • Served as Continuing Education Staff Lecturer discussing tax consequences of settlements, division of settlement proceeds among spouses, approval of minor settlements and attorneys liens., 2008
  • Served as Continuing Legal Education Staff Lecturer regarding various terms of releases, hold harmless agreements and handling payments to health care providers in personal injury cases.  "Work Effectively With Subrogations, Reimbursements, Liens and Privileges", Staff Lecturer, 2008
  • Served as Continuing Legal Education Staff Lecturer regarding issues related to personal injury litigation., 2006
  • Served as Continuing Legal Education Staff Lecturer regarding issues related to Federal Court Rules and Civil Procedure., 2003
  • “A Practical Guide to Federal Court Rules and Procedures in Kansas”, NBI, Inc., 2003
  • "Plaintiff's Personal Injury: Statutes That Effect Liability", NBI, Inc., 2006, 2009, 2010
  • “Consider Key Issues That Arise During the Settlement Process”, NBI, Inc., 2008
  • “Obtaining the Best Settlement for Personal Injury Clients: Work Effectively with Subrogations, Reimbursements, Liens, and Privileges”, NBI, Inc., 2008
  • Author, Missouri Bar Evidence Deskbook: "Chapter 20: Scientific Evidence", Mo. Bar Publications, 2006, Supplement (2010)


  • $1.3 Million Settlement for Motorcyclist.   Our client was riding his motorcycle on a highway in rural Kansas and a semi-truck pulled out in front of him causing him to lay his bike down and crash into the flat-bed trailer being pulled by the truck driver.   He sustained severe injuries to his pelvis and legs.   , 2017
  • Over $50 Million combined settlements against manufacturers of defective knee and hip replacements., 2016
  • Confidential Settlement for Wrongful Death Suicide-  Client's son committed suicide while serving in the U.S. military in Afghanistan.  Nash and Franciskato filed a lawsuit for wrongful death alleging that the suicide was caused by an adverse reaction to an anti-malaria drug.  The case settled for a confidential amount at mediation.  , 2013
  • $ 1 Million Settlement-   Client was travelling on the interstate when he suddenly came upon a semi-tractor trailer that was illegally stopped in the middle of the interstate.  The client slammed on his brakes but was unable to avoid crashing into the rear of the parked semi.  The client sustained severe injuries to his feet and legs., 2011
  • $6.5 Million Jury Verdict. in Jackson County Missouri against the Kansas CIty Missouri Board of Police Commissioners for the wrongful termination of a Kansas City, Missouri police officer.  NOTE:  The verdict was reduced on appeal to an award of $500,000 plus attorneys fees., 2010
  • $400,000 Settlement.  Client was driving a truck owned by his employer when he was struck from behind while stopped at a red light.  He sustained a herniated disk in his neck which required surgery.  A claim was made against the driver and the client's employer's underinsured motorist coverage., 2010
  • $2.4 Million Wrongful Death Settlement for Employee who, while working on a cell tower, fell 600 feet while riding in a bucket that was negligently rigged by his employer in violation of OSHA regulations., 2009
  • $270,000 Settlement against Landlord for failure to maintain working smoke detectors in Government Assisted Housing resulting in the death of 2 children., 2009
  • $725,000 Settlement against a Restaurant & Bar for negligently serving alcohol to a minor patron who was severely injured in an automobile accident after leaving the premises., 2008
  • $ 2 Million Settlement:  Our client was on a bicycle ride with her 11 and 3 year old daughters. She was pulling the 3 year old in a bicycle trailer. Our client was walking her bicycle across an intersection, within the cross walk, when a truck driver failed to yield and turned right on a red light, striking our client, killing her instantly. The case settled before a lawsuit was filed for $2,000,000., 2008
  • $120,000 Settlement against manufacturer of defective pain pump system used in a bunionectomy surgery., 2008
  • $220,000 Settlement against manufacturer of defective safety cover and valve mechanism of an irrigation system which exploded and caused permanent injuries to the clients eye and arm., 2007
  • $1.1 Million Settlement for severe personal injuries against trucking company where the truck driver had falsified his log books., 2007
  • $560,000 Settlement for a client who sustained a head injury in an automobile accident when struck from behind by a semi-tractor trailer., 2006
  • $2.5 Million Wrongful Death Arbitration Award against the Missouri Highway and Transportation Commission for inadequate signing in a construction zone., 2006
  • $450,000 Settlement against a restaurant for defective handrails and inadequate lighting when a client fell and broke her hip., 2005
  • $500,000 Wrongful Death Settlement against highway construction contractors for improper road signs and inadequate traffic control., 2005
  • $175,000 Settlement in a premises liability case where an elderly client fractured her hip when she fell down stairs that had an inadequate handrail., 2004
  • $350,000 Settlement against government contractors for claims of interference in business contract and misrepresentation., 2003
  • $3.125 Million Wrongful Death Judgment arising out of an automobile collision in which defendant driver crossed the center line and collided with plaintiff., 1997

Other Outstanding Achievements:

  • Listed by Missouri Lawyers Weekly for obtaining the 12th highest verdict in 1997 for a wrongful death claim resulting in a $3.125 million judgment

Educational Background:

  • University of Missouri School of Law, J.D.;  Order of the Barristers;  Board of Advocates (Member and Judging Chairperson);  Missouri Environmental Law and Policy Review (Member, Editorial Board);  Dean's List;  and American Jurisprudence Award (Litiagation)   , 1993
  • William Jewell College, B.A. in History, Political Science and Philosophy., Honors: Summa Cum Laude; Deans List, Mortar Board; Eons (Senior Honorary),  Oxford Overseas Honor Study, Oxford, England (1989), Phi Beta Kappa., 1990
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Office Location for Brian S. Franciskato

Two Pershing Square
2300 Main Street, Suite 170
Kansas City, MO 64108

Phone: 816-221-6600

Fax: 816-221-6612


Brian S. Franciskato:

Last Updated: 8/6/2018

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