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Kansas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Kansas on
Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

Was helping landowner rid the property of any & all remaining metals (I.E. copper wire/aluminum sheets/anything of value.) in hopes of at least cutting down on the # of people trespassing

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

Possibly both depending on the circumstances. The gentleman should contact a member of the kansas Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury for Kansas on
Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

Was helping landowner rid the property of any & all remaining metals (I.E. copper wire/aluminum sheets/anything of value.) in hopes of at least cutting down on the # of people trespassing

David Adams
David Adams answered on Sep 30, 2018

The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Kansas on
Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?

Involved in a slip and fall case where damages including pain and suffering are estimated around 425,000 with two surgeries and severe head injuries. What should I expect to limit punitive damages? The insurance maximums or any other factors?

David Adams
David Adams answered on Sep 1, 2018

Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: My son fell on very wet stairs at a Hampton Inn in Chicago. Missed work, medical bills, contracted a staph infection.

This happened on June 30, 2018. The stairwell was slippery from pipe condensation. After he fell, they put up signs that the stairs were wet. The manager said that it happened because it was so hot that day. I doubt that was the hottest day in Chicago history. We live in Overland Park, KS.... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Aug 18, 2018

Give us a call or text us at 855 969-3538. I believe we could assist you further.

1 Answer | Asked in Personal Injury and Car Accidents for Kansas on
Q: I was hit by a car while in police custody. Do i have a lawsuit?
David Adams
David Adams answered on Jan 22, 2018

If you were not driving and another hit you negligently, then yes, you do have a claim against the negligent driver. There is a two year statute of limitations in Kansas, and you amount of recovery will be dependent on the extent of your injuries.

1 Answer | Asked in Personal Injury, Products Liability and Internet Law for Kansas on
Q: I'm looking to create an online course that shows people how to overcome panic attacks and chronic anxiety. Need advice.

I'd like to know what I can or can not say or do within my course, as well as the sales letter for it. I want to abide by the law, etc. I personally beat chronic anxiety and panic attacks with more natural approaches and techniques, and want to include them in the course.

Peter N. Munsing
Peter N. Munsing answered on Dec 29, 2017

Avoid plagiarizing copywrited materials. You need to include advice as to when a person should consult a therapist or doctor.

1 Answer | Asked in Family Law, Domestic Violence and Personal Injury for Kansas on
Q: Im 19 and since i was kid i was abused I lost my job at 17 and am still house bounfd with mental illness.can i still sue
Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

Yes, though the mental illness will cloud the claim.

2 Answers | Asked in Personal Injury for Kansas on
Q: I was assaulted in my room in a hotel. Do I have reason to file a lawsuit?
David Adams
David Adams answered on Oct 29, 2017

Maybe. A suit against the hotel would have to show that the hotel breached some duty to keep you safe. This can be shown in various ways, and would be highly dependent upon your particular facts and the situation of the hotel and how they handled issues regarding safety of their guests. The... Read more »

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1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.

Would it be a lawsuit if your doctor prescribes you a medication that is on your files knowing that you are allergic to it and if it is what kind

David Adams
David Adams answered on Oct 11, 2017

The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify... Read more »

2 Answers | Asked in Personal Injury for Kansas on
Q: I fell at the Dodge dealership and they took me to their Dr. It was brokee and requires surgery Do I have a case?

It is a right radial intraarticular fracture involving surgery on this Wednesday, involving a plate and screws and physical therapy, that's just the beginning. I have pics, I was wearing tennis shoes. And they insisted I see their Dr. Their Hr guy took my name and their courier took me to... Read more »

David Adams
David Adams answered on Oct 10, 2017

You have a case if the dealership was more than 50% responsible for your fall. The fault finding would ultimately be up to a jury, but you can get a settlement if the adjuster agrees about the fault assessment. I would be interested to know about all the facts that led up to a caused the fall.... Read more »

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1 Answer | Asked in Personal Injury for Kansas on
Q: Badly injured in a car accident on 2/4/16. Driver died on 2/5/14. There was no estate to file a claim against.

May 2017 an estate was formed. Can I now file a claim against the estate even though the statute of limitations is 2 years in Kansas? Accident was on 2/4/14 not 2/4/16.

David Adams
David Adams answered on Jun 6, 2017

Unless you were a minor at the time it occurred, there is generally only a two year window to get a case filed (either against the individual at fault or his/her estate). Any delay beyond that is likely going to be a bar against getting any recovery. Your question mentions 2014 and 2016 as dates,... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: If my mom done a personal injury case for me as a minor how can i get that information

Im doing my disability hearing next month and they said my mom done a case but i cant find it

Peter N. Munsing
Peter N. Munsing answered on Mar 16, 2017

Go to the county court for the county where you lived when you were hurt. Look it up under your name.

1 Answer | Asked in Personal Injury and Military Law for Kansas on
Q: Can a Colonel ignore a soldiers doctors orders?

Deployed in Korea. Soldier was injured Jan. 20th during PT, he sustained an ACL tear, MCL tear, medial meniscus bucket handle tear, lateral meniscus posterior root tear, and an LCL strain. He was seen by 2 military doctors who said that he needs to have surgery back home, he will have to keep the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2017

The Colonel isn't "delaying" he is "deliberating." You know how the army works--he needs to get with either a lt or captain that maybe can nudge the adjutant to put the papers under the colonel's nose. Legal way for an enlisted guy to give the bird to a bird? Not in... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: When is a landlord liable for a tenant's injury on the rental premises?
Peter N. Munsing
Peter N. Munsing answered on Jan 14, 2017

When the tenant is injured due to an area over which the landlord kept responsibility or control, or when something breaks and the landlord knew or should have known about it.

1 Answer | Asked in Personal Injury for Kansas on
Q: How do I find out if a company is liable for personal injury.

I have a 15 year old daughter who had a brain tumor removed this past April. Her Neuro-oncologist made a referral to a geneticist because he said that in actuality cancers are rare in young people. I also have another daughter that had hodgkin's lymphoma in 2010. He said to have 2 siblings... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 6, 2016

You need to first help your family by having your water and house tested. Contact a member of Ks Assn for Justice who handles toxics--they give free consultations. The cases are incredibly tough to prove, though.

1 Answer | Asked in Personal Injury for Kansas on
Q: What is a no-fault law? Does Kansas have it?
David Adams
David Adams answered on Dec 1, 2016

This usually refers to an insurance company having to pay benefits regardless of who is at fault. It usually comes up when your own car insurance policy is required to pay at least the first $4,500 of your medical expenses, regardless of who is at fault. In Kansas these are referred to as PIP... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: I was in an accident and the car rolled over.

I feel it's because the road wasn't maintained - am I able to sue the county even if I'm getting money from my insurance company?

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

Yes, sorta, but they are tough cases. Consult a member of the Ks. assn for justice--they give free consults. But those are very tough cases so don't hold your breath.

1 Answer | Asked in Criminal Law and Personal Injury for Kansas on
Q: Dear attorneys,My ex-girlfriend secretly recorded me in my private home and then humiliated me in public with it.

My ex-girlfriend and I lived together. We got into a heated argument because she is horribly abusive, and she abuses her son. I went off on her verbally in the privacy of my home where there is a reasonable expectation that it is a domain of privacy. I kicked her out and I now live alone. Since... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 16, 2016

Unlikely it's illegal. Over the phone it is in many states. Playing it could be viewed as intentional infliction of emotional distress, but that would be apointless case because if she has no money, the attorney would make you pay--and if she is manipulative and passive aggressive she may... Read more »

1 Answer | Asked in Identity Theft, Consumer Law and Personal Injury for Kansas on
Q: what kind of lawyer would i need for a business allowing a crime to happen to me?

staying at a hotel, person went to front desk, was issued a key, then went into my room, took over 1000 dollars of my belongings, took personal information which was used to takeover my bank account. The person was not on my reservation nor on the list of people allowed in my room. I was offered... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 20, 2016

Talk to a member of the Kansas Trial Lawyers Assn /Assn for Justice--they give free consultations.Did you send a formal, itemized demand to the home office?

1 Answer | Asked in Personal Injury for Kansas on
Q: I was injured while unemployed i now have no income what can i do
Jason Alexander Richman
Jason Alexander Richman answered on Jan 4, 2016

There are a number of possibilities depending on your specific circumstances including: disability benefits (through insurance or a state public benefit), Social Security, or various forms of public assistance (welfare). You will need to discus this all with someone from social services in the... Read more »

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