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Kansas Personal Injury Questions & Answers

1 Answer | Asked in Personal Injury for Kansas on

Q: I was hit by a train. Can I sue?

On Memorial Day this year I was hit by a train on accident. I was totally off the tracks & was swept back into the train by the wind force of the train coming by. The conductor didn't even stop. I sustained major injuries & spent 2 weeks at KU Medical.

Tim Akpinar answered on Jul 20, 2019

If you are contemplating bringing a lawsuit, consult with an attorney in Kansas immediately. Because you are dealing with a railroad injury, it is possible there could be notice of claim issues that arise in most jurisdictions when the defendant is a municipality or public carrier. That means the... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Kansas on

Q: 4 days ago i was hit head on by a drunk driver

it toatled my vechicle,and my questions are what should i do about medical problems, for the future. and im without a vechicle until who knows when and, i live 40 miles away from family, and my one son has medical problems, so does her insurance company have to get me a rental, until things are... Read more »

David Adams answered on Feb 24, 2019

Best to go through your own insurance first for property damage, if you have the coverage. If not, the other side's insurance may or may not move very quickly to get you taken care of, and may or may not get you a rental. How clear the liability by the other driver will play some part in how... Read more »

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1 Answer | Asked in Personal Injury and Criminal Law for Kansas on

Q: A person threatened to hunt me down and break my legs tonight via messenger (several times), and I have evidence.

I sold him a running engine, (very cheaply) which he modified, and then the engine failed. He is now threatening to hunt me down and break my legs, in writing.

Peter N. Munsing answered on Oct 2, 2018

This is a matter for the police.

2 Answers | Asked in Personal Injury for Kansas on

Q: Can I sue a fast food company for the after effects of an order?

Yesterday I had made an order online using ubereats to get food and in my order they had not added a food item that I asked for in which i was highly disappointed in. I had also asked for a frozen dessert in which was an option that shows in my reciept that i ordered, but I was not given. And I had... Read more »

Peter N. Munsing answered on Oct 2, 2018

You may sue someone for anything but you wouldn't be awarded anything under the circumstances you have outlined, or it would be so low--what you paid--that it wouldn't be worth it.

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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 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 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 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 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 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 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 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 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 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 the time... 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 their... Read more »

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 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 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 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 the next few millenia! Maybe 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 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 to... Read more »

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 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 »

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