Archive for the ‘Frequent Questions’ Category

Is There a Difference In Filing a Personal Injury Claim or a Car Accident Injury Claim In Kansas?

Saturday, December 4th, 2010

In essence, they’re all built on similar premises, which is a negligence type action.  Basically everybody has a duty of care.  Whether you’re driving a truck or you own a store or you’re driving a motorcycle down the street, everybody has the duty of care.  In regards to vehicle accidents, including motorcycle accidents, every motorist has the duty to operate that vehicle or that motorcycle in a safe manner.  If you fail to exercise that duty that’s where negligence comes in.  Because somebody has failed to do their duty to operate that vehicle in a safe manner a cause of action exists.  In simpler terms, a person who’s been injured has the right to get recovery for the harm that was done to them.

Call (620) 624-8158 to speak with one of our Southwest Kansas personal injury attorneys if you would like a free consultation to discuss your claim.

What Are The Statutory Minimum Car Accident Insurance Policy Requirements In Kansas?

Friday, December 3rd, 2010

You’ll find that 95 percent of Americans on our roads today that have insurance, they have the statutory minimums, which is 25,000/50,000, or $25,000 per person, $50,000 per accident.  If you were involved in even a halfway serious accident, that is not going to come anywhere near the amount of damages necessary to make you whole.   It is not very much more money to go and talk to your insurance agent and increase the limits to 100/250 thousand dollars.  Even an umbrella policy, which is a million dollar policy, which can also extend to your home, is only going to cost you probably another 20 dollars a month to get that extra coverage.  In the end, if you are a person that is at fault in an accident, and someone gets paralyzed, then you’re talking about a minimum of $300,000 worth of damages.   If it’s your fault, you could be on the hook for that money.  On the flip side, if your insurance only covers twenty-five thousand and they get a judgment for three hundred, you’re on the hook for $275,000.  This means if you have any assets at all, those assets are going to be taken away from you through that action.  If you can afford to, increase your insurance.   At the very least go talk to an insurance agent and find out how much it would cost to increase it.  If you are in an accident you need to really protect yourself.

You can also have underinsured coverage, which would then extend to cover damages done to you.  If the other person who hit you is at fault and they only have $25,000, that underinsured of your own insurance can then get you more money.   Along with that goes uninsured motorist coverage, which all policies have.   So if that person who hit you doesn’t have insurance, your insurance then can help pay for that money to get you where you want to be.  You really need to talk to your insurance agent and see about upping your insurance in order to protect yourself.

Contact our Liberal Kansas car accident attorneys to discuss your claim if you have been injured in a car accident.

What is a Personal Injury Case?

Thursday, December 2nd, 2010

Personal injury cases include a broader range of concepts and ideas.  This is because personal injury would include slip and fall cases, which could expand into medical malpractice type cases.  Here again there’s still a duty owed that is breached, so there’s still things of a negligent nature.  Torts make up the bulk of the personal injury type cases as a whole.  Torts, such as batteries or any of the regular torts that could come about involve a breach of a duty.   There is only the one year statute of limitations on these, so it kind of as if personal injury really encompasses all of those type of things. They’re all very similar but there are just different facets to them.

Call us today if you would like to speak with one of our Liberal Kansas personal injury attorneys about your case.

What Happens During A Domestic Violence or Battery Police Call?

Monday, November 22nd, 2010

Domestic battery often occurs when a husband and a wife get into a heated argument, the neighbor calls law enforcement, and the police visit the home of the married couple..  A domestic battery case is kind of interesting because the law basically states that if law enforcement feels like a domestic battery has taking place, they are then required arrest somebody.  To sum it up, if someone calls the police and reports domestic battery, somebody’s going to jail.

There also is a forty-eight hour hold in that situation.   That is just the way the law’s written and the reason behind that is to try to help protect the alleged victim and anybody else that could be in the house, including children.   It is basically designed to be a cool-down period.  There is a cool-down period for domestic battery to make sure that somebody does not turn around and do something more serious.

If you have been charged with domestic violence in Southwest Kansas, call our law firm to speak with a Southwest Kansas domestic violence attorney for free.

What Are Some of the Reasons People Hired Your Law Firm?

Wednesday, November 17th, 2010

I get a lot of people who say that they were really appreciative of our correspondence with them. I have a policy where I try to call people back within 24 hours. Now sometimes obviously that doesn’t happen because I’m in court or I’m away for the day, but that’s my policy. I always try to get back to people within that 24 hours and I think that clients appreciate that.

We wait on people and I think that maybe that more down to earth mentality our firm has is appealing to people. Maybe it’s because we’re a smaller firm and because we take the time and the energy to explain things to our clients. We let them know, “Hey, this is what we do. This is what we’re willing to do for you”. I always say to my clients or my potential clients, “Hey, here’s what we think of your case. This is just my professional opinion. You don’t have to hire me, you are free to talk to other attorneys and see which one you like the best. You really need to pick an attorney that you can trust, and that you feel can do a good job for you”. I think the relationship building process starts there.

We try to let our clients and potential clients know that we’re not all money hungry attorneys that are just out for ourselves. We want them to know that they can hire anybody that you want to hire. The one thing I always tell people is make sure that you have faith in whoever you. Have faith in that person that they’re going to do a good job for you. Because once you hire them, once you sign an agreement to employ them, you’re pretty much stuck with them. You’re not always stuck with them, but they’re going to be attached to you for a little bit. They’re going to have some kind of an interest in your case depending on what type of case it is. For example, for an accident injury, they at the very least are going to be entitled to get compensation for whatever time they’ve spent on it. For example, in a criminal defense case where an attorney charges them 200 dollars an hour and they put in six hours of work. If you decide you’re not happy with the attorney anymore and fire them you’re stuck with a $1,200 bill and there’s nothing you can do about it. It’s really important to find an attorney that you can trust and get along with. If you don’t get a good feel for the attorney when you’re doing your consultation, by all means don’t hire that person. Don’t ever feel like you’re obligated to hire them just because you took fifteen or twenty minutes of that attorneys’ time.

When someone has hired us, the reason they did trust us is we took the time to get to know them personally. Every case is different, and every person is different. Every case has special factors; special things that need to be taken care of. Every person has particular fears and particular issues with the case. People and the issues is important right from the start. This is especially true in auto accidents and injuries. If the attorney dose not asks the right questions in initial consultation they are not going to be able to effectively advise the potential client. The attorney will not be able to give the client an idea of what they’re looking at unless they get all the necessary information. The simplest example is the statute of limitations. If the attorney fails to ask the client when the accident happened, take the case and then finds out later that the statute of limitations has run on it, there is now an unfortunate problem.

There’s nothing worse than having to tell that a client they you cannot help them. Especially when they have got their hopes up and they think that they maybe have a case and then you have to call them and tell them they don’t have one. Therefore I’m really careful when I’m doing a consultation. There are things that I don’t know the answer to. I will often tell a client in our initial consultation, “I don’t know what your case is worth. I don’t know if I can do this for you in the criminal defense arena. But what I can do is, I can do my case law research or I can talk to the prosecutor and get an idea and then let you know”. The one thing we’ll never do is promise anything. We don’t have that ability to make promises and to follow through with those promises as when it concerns the outcome of a case. The only promise that I give people is that I will do the best job that I can possibly do for them. Other than that, the rest is up to the courts or jury or a judge to decide.

What is The Statute of Limitation on an Action Involving a Car Accident in Kansas

Monday, November 15th, 2010

The statute of limitations is two years for a negligence action and one year for a personal tort action. Usually that’s from the date of the accident or the date of the occurrence which gives rise to the action. For example, if somebody comes up and slugs you, you’ve got one year from the date that he hit you to file a tort action.