Frequently Asked Questions
Q: What is medical malpractice?
A: When injury occurs as a result of negligence by a health care provider, a medical malpractice case may be possible."Health care providers" includes both people and institutions. In addition to medical doctors and osteopaths, the term includes podiatrists, optometrists, nurses, dentists, psychologists, physical therapists and others with licensure to practice under the state Board of Healing Arts, and medical care facilities like hospitals or nursing homes licenses by the state are also health care providers.
Q: Explain what you will do if I consult with you, and how much it costs?
A: First of all, we will not charge you for any of the time we spend visiting with you or in the investigation of your case.We work on a contingent fee, meaning we are careful about what cases we accept because we only earn a fee if we win a recovery for our clients. We start with an interview to determine the facts as you know them, and make a judgement about whether the case is one which falls within our expertise and interest. The ensuing investigation begins with the collection of all pertinent medical records directly from the health care provider. We ask you to sign releases authorizing us to obtain these records. We then review and analyze the records to determine exactly what happened, and then research the medical literature to identify questionable areas of medical malpractice. If we believe there is a strong probability that medical malpractice occurred, we will submit your records to appropriate experts for review, asking them for their opinions on the issues of negligence, damages and causation. This review can be quite expensive and time-consuming (anywhere from $2,000 to $5,000 per expert). The financial arrangements for investigations are determined on a case-by-case basis. If, after consultation with experts, we believe that we can satisfy our burden of proof, we recommend that the case be filed.
Q: What is the possibility of a quick settlement in a medical malpractice case?
A: In our collective experience, quick settlements can occur, but almost never in amounts that are realistic or reasonable.If you are willing to deeply discount and compromise your claim, there are health care providers and insurance carriers who will be glad to buy you off very cheaply. If you want a settlement that is fair an reasonable, do not expect that to happen quickly. Health care providers are reluctant to admit mistakes, and almost routinely insist that their insurance companies defend them aggressively. It is usually not until thirty days before trial that serious settlement discussions occur. In the venues in the Wichita area, most medical malpractice cases can be resolved within eighteen months to two years, more or less. Therefore, we tell our clients not to anticipate a quick settlement, but rather to get on with their lives and be very patient in regard to settlement. Impatience can be extremely costly, considering what is at stake in these cases.
Q: What is a personal injury?
A: Personal injury cases can stem from car or truck accidents, pedestrian/car accidents, motorcycle or watercraft accidents. Premises liability or slip and fall cases can occur on private property, public property or places of business.
Q: How do you collect a settlement on a personal injury case and how does the attorney get paid?
A: Our personal injury cases are on a contingency fee basis. We only get paid if we recover money on the your behalf.Case expenses are deducted first from any settlement before attorney fees or client's share is calculated. At the time of your initial consultation, your attorney will go over the contingency fee contract and discuss the percentages for your case.
Q: What is "no-fault" with regards to auto accidents in Kansas?
A: Kansas has mandatory no-fault insurance with required minimum personal injury protection (PIP) benefits available to all persons injured while occupying your vehicle.The key feature of the Kansas no-fault law is the guarantee of being compensated by your own insurance company for a variety of limited losses, whether or not you were at fault in exchange for a relinquishment of your right to make a claim against the other driver. In Kansas, you may not file suit for personal injuries unless you have incurred at least $2,000 or more of medical benefits, or suffered permanent disfigurement, or a fracture to a weight bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death. A wide range but limited amount of PIP benefits is available, including medical expenses, wage loss, funeral benefits, disability benefits, rehabilitation benefits, allowances for substitute services such as lawn care or domestic help and survivor's benefits.
Q: What is "premises liability" law?
A: "Premises liability" is the body of law that determines the responsibility of a property owner for injuries suffered by others while on his property. It includes circumstances arising while an individual is in the home or on the property of another individual, and while an idividual is at another's place of business.
Q: Under what circumstances is a property owner responsible for injuries occurring on their premises?
A: A property owner is not necessarily responsible simply because someone has been injured while on the property. Generally, a property owner is responsible for injuries on the property if the owner was "negligent".A property owner is negligent if the property owner breached a duty of care owed to the injured individual. For example, an owner of a grocery store would likely have a duty to keep the floor dry (or a post a warning if the floor is wet) in order to prevent shoppers from slipping and injuring themselves. An owner of an apartment complex might have a duty to repair a broken stair so that a tenant or visitor descending the stairs would not get hurt. An office building owner would probably have a duty to comply with electrical safety codes in order that tenants in and visitors to the building would not be placed in harm's way.
Q: When should I give notice to my employer of a workers compensation accident?
A: An injured worker is required to give notice, oral or written, to their employer within 10 days of an accident.If the claimant shows that the failure to notify was due to "just cause", the time limitation for giving notice is extended to 75 days. There are three exceptions to the notice requirement:
1. the employer or the employer's duly authorized agent had actual knowledge of the accident;
2. the employer was unavailable to receive such notice; or
3. the employee was physically unable to give such notice.
Q: What is a written claim?
A: A written claim for compensation shall be served upon the employer by delivering such written claim to hm or his duly authorized agent, or by delivering such written claim to him by personal service, registered or certified mail within two hundred (200) days after the date of the accident or the last payment of compensation; or within one (1) year after the death of the injured employee if death results from the injury within five (5) years after the date of such accident.
Q: What are the attorney fees for a workers compensation claim?
A: The attorney fees for a workers compensation claim are based on a contingency fee agreement with the maximum fee not to exceed 25%. Case expenses are deducted from any settlement prior to the percentage of attorney fees is applied.
7701 E. Kellogg Suite 415 Wichita, KS 67207-1709