 Personal Injury
("PI"), or "negligence" claims, involve claims of physical
and/or emotional harm to a person. These claims typically involve motor vehicles such as
cars, trucks, motorcycles, etc., but can also be caused by other objects or by another
person. These types of claims typically involve "negligence", or unreasonable
conduct on the part of the person or business causing the harm. However, there are some
situations where a person or business may be held "strictly liable" for their
actions regardless of negligence. Motor vehicle PI claims are claims made by
people to recover damages for injuries and loss of property caused by the actions of
another driver or owner of the "at-fault" vehicle.
Wrongful death claims are claims brought by representatives of the estate of a
person who was killed as the result of the acts of another.
"Product Liability" claims involve injuries to a person, or sometimes
to the property of another, caused by the negligence, breach of warranty, and/or strict
liability of the party claimed against. Typical examples might be claims against the
manufacturer of an automobile or medical device for injuries caused by poor design,
defects in manufacturing, or a failure to warn of potential defects.
While the claim may be against a person, business or governmental agency, there may be
insurance coverage available to pay for at least a portion of the total damages claimed.
An experienced PI attorney looks at two issues to determine whether it would be
financially worthwhile to make a personal injury or wrongful death claim. First, the
attorney looks at "liability", or who is "at fault". If it can
be determined from the facts and evidence available that the other party is more "at
fault" than the party making the claim, then the liability issue is favorable to the
party who would like to make a PI claim. However, this is not enough by itself. There is
one more issue an experienced PI attorney must review.
An experienced PI attorney also looks at "damages" to determine
whether it would be financially worthwhile to make a PI claim. Damages are the harm and
injuries that were caused by the party "at fault". |
They include the resulting losses from accidents such as
"disability", "disfigurement", "pain and suffering",
"medical expenses", "wage loss", "inconvenience",
"impact on family relationship", funeral expenses", and "future
damages" which can be reasonably determined and are not purely speculative. A
claim for "damages" must be significant enough to support the cost of bringing a
PI claim. Many attorneys are hired to represent a client for this type of claim on a contingent
fee basis. This means that the client only pays attorneys fees if the attorney is
successful in getting payment from the "at fault" party, or their insurance
carrier. In addition, if the attorney has advanced payment of the case expenses, the
attorney normally deducts these costs before payment is made on the claim.
Before accepting a case an experienced PI attorney will review whether there is likely
to be a financial recovery significant enough to compensate the injured person after
payment of attorney fees and case expenses. In some cases this can only be done after the
attorney has been hired and a preliminary investigation conducted. This approach serves to
protect both the client and attorney from pursuing frivolous or non-meritorious claims.
Kansas law requires that all motor vehicle personal injury claims be brought
within two (2) years from the date of the collision, or such claims are otherwise barred.
This is known as the statute of limitations. There are some very limited
circumstances where this time limitation may be extended. There are also some requirements
where "notice" of a claim must be given in a much shorter period of time, or the
claim may not be made. Delay in making a claim does not work to the advantage of those
seeking compensation for their personal injuries.
Dwyer, Dykes & Thurston, L.C. has represented many people who have suffered
personal injuries. We provide a free, no obligation initial consultation. Most of
our personal injury cases are handled on a contingent fee basis, which means that there is
no attorney fee due unless there is a financial recovery made.
Please submit a Free
case evaluation to begin the process. |
