Will a prior injury affect my case?
Sometimes. Recent or chronic injuries can affect your case. Older injuries, such as a neck injury from ten years ago, most likely will not affect your case as long as symptoms and treatments for the injury ceased years before the new injury. Regardless, you must be able to prove that your current injury that you […]
Will a personal injury attorney reject my claim?
A: It’s possible. The attorney may decline your case if they believe they don’t have a good chance at winning. Examples of red flags include not having strong medical documentation of your injuries, concerns about whether you are being untrustworthy or financial and logistical reasons. It’s important to note that many of these issues can […]
My case is settled, does that mean I’m done?
A: No. Sometimes insurance companies that paid for your medical expenses or wage loss will demand to be reimbursed. There are several situations where you may still owe money out of the money the insurance company sent you. Typically, the insurance doesn’t inform you about these situations. If your insurance company is seeking reimbursement from […]
Can I fire my attorney?
A: Yes. Just because you’ve hired an attorney doesn’t mean you’re stuck with him or her forever. If you feel that your personal injury attorney isn’t doing a good job or doesn’t have the competence needed for that area of practice, you can fire him and find new representation. Make sure you check out our […]
When can I sue for emotional distress?
A: Just because your feelings were hurt, doesn’t mean you have a case for emotional distress. However, several factors can result in emotional distress damages. 1. The wrongdoer’s behavior must be considered to be extreme and outrageous. If a person of average temperament could be distressed by the wrong doer’s actions, it is considered emotional […]
What are the Statutes of Limitation in Kansas?
A: Every state has Statutes of Limitation and it varies from state to state. Before pursuing your case, it would first be helpful to understand Kansas Statutes of Limitation. What is a Statute of Limitation? Statutes of Limitation is a time period in which a person can file a lawsuit. Not only does this vary […]
What is the difference in settling and going to trial?
A: When looking for compensation for you or a loved ones personal injury, whether it is from being hurt on the job, being bitten by a dog, nursing home abuse or a car wreck injury, many people question if they should settle their case or go to trial. Some people don’t want to go to […]
I have a personal injury claim in Kansas, but I don’t want to go to Court. What can I do?
A: Most of the time, your personal injury claim can be settled out of court without needing to have a trial. However, insurance companies will try to deny your claim or offer you an unfair settlement prior to a lawsuit being filed or prior to trial. If this is the case, you need an experienced […]
What is PIP and How Can It Protect My Family from a Kansas Car Wreck Injury?
A: Some U.S. states offer an extension in coverage called Personal Injury Protection (PIP). Kansas is one of those states. This part of insurance is what covers your medical expense bills, lost wages, essential services, funeral expenses, rehabilitation expenses and other damages. PIP is a mandatory part of every automobile insurance policy in Kansas. In […]
What is evidence?
A: Evidence is any thing said by a witness, document or physical object that is used to prove a case. For example, if a person was trying to prove that someone pushed them an eyewitness’s testimony could help prove that. Another piece of evidence that could help prove, such an event, might be video surveillance […]
What is premises liability?
A: Premises liability simply refers to lawsuits against landowners and companies because of dangerous conditions on their land. Premises liability may include lawsuits for slipping and falling on a slick floor when there is no warning sign out or injuries due to improperly stacked merchandise that may fall on a person.
Should I talk to the insurance company?
A: Under no circumstances should you ever talk to an insurance company about any event until after you have talked with a lawyer. Not even your own insurance company. Often times your own insurance company will try to get statements in order to deny you coverage and the other insurance company will certainly seek to […]
What is a preponderance of evidence or burden of proof?
A: In a criminal case the stare must prove the defendant is guilty beyond reasonable doubt. In a civil case that is their burden or proof. It means how much proof they have to have. In a civil case the plaintiff, the person bringing the lawsuit, must prove their case by a preponderance of the […]
What is a civil lawsuit?
A: A civil lawsuit is a claim between two or more companies or individuals that generally involves money.
What losses will an automobile insurance company pay for?
A: Automobile insurance is required by law to cover losses that can be legally recovered as a result of an automobile collision under the policy limit. This means that if someone else is at fault in an automobile collision they will be responsible for paying your property damage, your past and future medical expenses, your […]
What is a soft tissue injury?
A: Soft Tissue injury is any injury to tissue that is not bone or teeth. It commonly refers to the ripping, stretching, or tearing or muscles, ligaments, tendons or any other tissue in the body that is not bone. However, soft tissue can also be a hard attack or a brain tumor.
What is negligence?
A: Negligence is the failure of a person acting reasonably to do what a person should or shouldn’t do. The standards for what a reasonable person should do can be created by law or by industry of practice. For example, the law requires a person to stop at a stop sign. The failure to do […]
What is Arbitration and how does it work?
A: Arbitation is a term that means disputes cannot go to a jury trial. Most businesses now have an arbitration provision in their contracts required the injured consumer to go before an arbitration board instead of seeking out a lawyer to help them have their day in Court. If you have purchased a product or […]
How do lawsuits work?
A: A Civil lawsuit is a way to recover money for harms and losses you have suffered when someone else break’s the rules. Lawsuits begin when a person seeking to recover money files a document with the court called a petition or complaint. The person being sued will file an answer. The evidence gathering process […]
What is whiplash?
A: Whiplash was originally referred to as rail spine. It was an injury to the necks of passengers of trains in the 1800’s. It was caused by sudden starts and stops of the trains. Today the term whiplash is commonly used to refer to an injury of the neck when the head is violently thrown […]
