You've been injured in a Kansas accident, at no fault of your own. You expect to be justly compensated for your damages. You file a claim with the insurance company and patiently await your check. Unfortunately, it is unlikely that getting the money you deserve will be that easy. Even highly successful attorneys must often fight to get what is fair for their clients. We thought you should know the top 10 tactics used to avoid paying you. After all, knowledge is power.
We are pleased to announce that Attorney Tarishawn Morton has been selected for the Top 40 under 40 Kansas Personal Injury Attorney award, by the American Academy of Attorneys. The American Academy of Attorneys is an organization devoted to promoting and recognizing excellence in the legal field. With so many attorneys throughout the United States, choosing the right legal advocate can be difficult. The American Academy of Attorneys has a mission to promote and support the work of the most elite and ethical attorneys in the United States. Less than 1% of all attorneys will be nominated to be a member and even less will be accepted. The American Academy of Attorneys is looking only for the top-tier of attorneys in each field to be members.
It is an organization that supports and promotes excellence in service and application of the law. The American Academy of Attorneys has a mission to promote and support the work of attorneys nationwide as they pursue justice for their clients. By invitation only, [it] provides attorneys with valuable resources allowing them to represent their clients at an elite level. Members not only attain recognition of their work they are now part of an ever-growing network of attorneys who exemplify the top-tier representation [it] looks for. Each attorney is held to the highest professional standards of ethics.
Thank you again to our many clients who have trusted us with their personal injury and Work Comp. claims, across the state of Kansas. We are honored to serve you. If you are reading this because you, or your loved one, have been injured in an accident call us today @ 913.602.7288 or complete this FORM.
We are delighted to announce another special honor nomination - "Top 10 Kansas Personal Injury Attorney".
Attorney T. Morton has been selected as one of Kansas'a TOP 10 injury attorneys, an achievement reserved for only those attorneys who have demonstrated the highest degree of excellence. Because of the stringent standards, less than 1% of attorneys nationwide will receive this invitation. When making the inaugural Top 10 Attorney Personal Injury Law list they considered and evaluated Attorney T. Morton's degree and/or advanced degrees, years practicing Personal Injury Law, awards received, online reputation, professional associations and activities in those associations, publications, and/or speaking engagements. The Top 10 recognizes dynamic attorneys who have and continue to maintain the highest standards of excellence.
Thank you to our past and current clients for all of your support. We are honored by this nomination and by the opportunity to serve you. If you, or your loved one, have been injured in an accident we can help. Call today 913.602.7288 or visit complete this FORM.
We now have services available, in Colorado, by appointment only. Click HERE for more information or @pa_morton.
We've said it. You've heard about it. Statistics prove it. Hiring a Kansas personal injury/Worker's Compensation attorney almost guarantees that you will recover more. One of our recent clients is proof of this proposition. He was injured, over two years ago, while working for a large Kansas company. There were immediate lapses in judgement, by his employer, when he required medical attention. Nonetheless, thereafter, he seemed to be getting the care he needed. It wasn't until nearly a year and one-half later that his claim was finally ready to be resolved. Suddenly, the process slowed and he was forced to live without the weekly Work Comp. benefits or any source of income. The severity of his injury, his permanent work restrictions and job skills, meant that he was unable to work. As luck would have it, after receiving an offer of settlement that he felt wasn't fair, he called our office. After reviewing his extensive medical, physical therapy and other records and, seeking an expert's advise and report, we were able to get him just over double what the insurance company had offered before he had us.
Like in the case of our client above, the insurance company is relying on your lack of knowledge. They are professionals at saving their company money and taking advantage of your circumstances. Don't handle your case alone. If you, or your loved one, has suffered a serious injury, anywhere in Kansas, we are here to help you too. Call us today at 913-602-7288 or complete this FORM.
It is a statistical fact that if you don't have an attorney you will get paid far less, for you Kansas injury. We know some sneaky tricks, the insurance company will use, to pay you less for, or deny, your claim. We will share those below:
An unexpected accident, in Kansas, often has devastating consequences. Of the many possible injuries, spinal cord injuries rank as one of the most dangerous injuries you can experience. That is because your spinal column is key to communication with your brain. There are a number of accidents that could cause injury to your spinal cord:
With the unpredictable nature of Kansas weather comes many potential hazards. These hazards can result in your injury (broken bones, death, head injuries, etc...). Today we will discuss slip and fall accidents.
Do you have a slip and fall claim?
Falling, tripping and slipping each fall under Kansas "slip and fall" premise liability laws. Simply having an accident is not enough however. Your accident, and the resulting injury, must have been caused by the negligence of another. In addition, it must be shown that the negligent party knew about the hazard and did nothing to warn/protect you from its danger and, that a reasonable person in the circumstances would have warned/protected you against the injury.
An accident may be caused by:
You must file your claim, for your injury, within two years of the accident. Kansas is a "comparative fault" state, meaning what your compensation amount will be based on what part you played in the accident. You must be 49%, or less, at fault to be compensated. Should you fall below 50%, you may be entitled to some or all of the following:
Surely you have seen the recent reports about the horrific death of Rebecca Zeni. The former model was in a nursing home and was allowed to be eaten alive by scabies. Nursing home negligence can happen to Kansas seniors, living in nursing homes, too. Oftentimes, these incidents go undetected until damages are done. Here's what you should know:
When your loved one is in the care of another, they are often already in a vulnerable position. In nursing homes, assisted living facilities, and inside of a family home, elderly abuse and neglect can occur. Those charged with their care owe a duty to your loved one. Negligence is when the other party falls short of their duty. Some instances of negligence include:
Many injuries to your elder loved one may occur due to the negligence of another. Some possible injuries include:
What should have been the start of a beautiful life together, quickly turned tragic. During an American Ailrine flight, Brittnay Oswell became ill and, although a doctor on the flight insisted that they land immediately, the pilot refused. The complaint argues that the decision to not land, despite the obvious emergency, amounted to negligence that ultimately caused the death of Oswell. It is very possible that you, a Kansas resident, could be victim of an in-flight tragedy.
Kansas Wrongful Death Statute
Kansas’ wrongful death statute can be found at K.S.A. 60-1901. In Kansas, wrongful death is understood as not a separate cause of action. Instead, it is the claim that the person who died could have brought for damage to them had they lived. The necessary elements are: 1) death of a person and 2) caused by “wrongful act or omission of another.”
Who Can Bring The Suit?
Any heir who has sustained a loss by reason of the death may bring the wrongful death suit.For these purposes, the meaning of “heir” is the same as it would be under property and estate law: one who would receive property or the estate from a person at their death because of their relationship. This can include the surviving spouse, parents, grandparents, children, and other relatives who would be the decedent’s heir at his death. However, this does not include the administrator of the decedent’s estate. Therefore, if a parent’s parental rights have been severed for some reason, this also ends the right of her former children to bring a wrongful death action upon her death.
The “loss” requirement is usually not an issue. However, where children had no “meaningful relationship” with their estranged birth mother’s child and there was little to no evidence of relationship or grief, the court suggested that this might not be sufficient to fulfill the “loss” requirement.
Who Can Sue For Wrongful Death?
Under the law, a person for whom you can bring suit includes an unborn child. Although Kansas cases have held that an “unborn child” must be viable outside the womb in order to bring a wrongful death action upon their death, Kansas statute does not require that the fetus be viable outside the womb. It includes a fetus in any stage- from fertilization to birth. However, if the death of the unborn child was as a result of the mother’s actions or any form of legal abortion, there is no wrongful death action available upon the death of the fetus.
What Damages Are Available In A Kansas Wrongful Death Claim?
Non-economic damages in a wrongful death case are capped at $250,000. The verdict in a wrongful death action is itemized by the trier of fact to reflect amounts awarded for:
(1) non-pecuniary damages;
(2) expenses for the care of the deceased caused by the injury;
(3) other pecuniary damages, such as lost income.
The elements of damage for which recovery may be awarded include:
(1) mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort, or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance, or education; and
(6) reasonable funeral expenses.
As a strategic matter, in some wrongful death cases plaintiffs and counsel choose to not submit the issue of non-economic damages to the jury, instead submitting only categories of economic damages to avoid the cap of $250,000 on non-economic damages.
Punitive damages are not recoverable in wrongful death actions. Punitive damages are recoverable, however, as part of a survival action. Along with the wrongful death cause of action, the estate of a decedent can bring a survival action for decedent’s claimed damages for both economic and non-economic, arising out of defendant’s negligence. It is this survival action that serves as the vehicle for a punitive damages claim.
What Limitations Are There On Kansas Wrongful Death Claims?
The statute of limitations for wrongful death actions is two years from the date of death. Although this time may be shortened, it will not be extended. Because the wrongful death action is based on the rights of the decedent, if the statute of limitations has run out on the decedent’s original cause of action, an heir cannot bring a wrongful death claim after their death. For example, where a man had a personal injury action against a company, did not bring it, and subsequently died as the result of the personal injury; his wife could not bring a wrongful death claim because the statute of limitations on his personal injury claim had run out by the time she filed the wrongful death claim.
In medical malpractice, a patient’s survival for more than four years after the alleged malpractice destroys any wrongful death claim heirs might have on the patient’s death. This is even though the patient’s death is highly likely to have been caused by malpractice.
Finally, only one action can be brought against any one defendant for the death of a particular person. Any heir who is not a part of the original action can join the action (in legal terms, “intervene”).
If such a tragedy, as the one that happened to Oswell, happens to your family call us today @ 913-602-7288 or complete this FORM. The airline will have lawyers working hard not to pay you for your loss. You need us on your side to get you what you deserve.
Kansas News KOAM reported on the case involving Kara Hansen. The twenty-year-old was involved in an car accident that left her paralyzed. The jury determined that the driver was distracted; therefore, negligent at the time of the accident. They awarded Hansen thirty-eight and one-half million dollars for medical care and lost earnings, past and future. Although she was awarded a large amount, the man who caused the accident only had a $25,000 liability insurance policy.
Is is possible to recover more than the at-fault party's policy?
The short answer is yes. Can you get it from their insurance company? Most likely not. However, there are few options for collecting beyond the at-fault party's limits:
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