The following are some of the questions most commonly asked of our personal injury and wrongful death lawyers. These are, of course, basic answers to general questions and should be treated as such.
What is a personal injury?
Any physical or mental injury that is sustained by a person as a result of someone else's negligent or harmful actions. Such injuries may be grounds for legal action, taken on behalf of either the victim or the victim's family by qualified legal representatives. This cases can result from any number of accidents, including those that involve:
- Automobile accidents
- Dangerous or defective products (product liability)
- Aviation disasters
- Professional malpractice, including medical malpractice
- Workers' compensation
- Toxic exposure
- Home accidents
- Dog bites
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What financial compensation can I expect from my personal injury claim?
Personal injury victims and their families are entitled to recover monetary damages for all losses and expenses they incur as a result of an accident, including:
- Medical bills
- Lost wages, including overtime
- Pain and suffering
- Physical disability
- Disfigurement
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Embarrassment
- Mental disability
- Property damage
- All out of pocket expenses (for example, transportation charges, house cleaning, and grass cutting)
The amount of the verdict or settlement can vary substantially from case to case, and there is no way to predict what your exact recovery will be. However we will build the most effective and thorough case possible in an attempt to maximize your award.
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How do I know if I have a personal injury claim?
The ability to show that you have been injured, whether physically, emotionally, or both. In addition, you must be able to present evidence that someone else (the defendant) is at fault for your injury under a negligence, strict liability, or intentional misconduct theory. In cases where fault for the injury is shared, you must show that the other party is more at fault for the injury than you are. In any event, the success of your case depends largely on the ability of your lawyers to build a solid argument and present it capably in court.
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If the accident is partly my fault, can I still have a personal injury claim?
Even if an accident of injury was partially your fault, you still may have a claim based on the concept of contributory negligence or comparative negligence.
Contributory negligence occurs when a person's injury is at least partially caused by his or her own negligent actions. For example, a person who ignores a "Caution - Wet Floor" sign and subsequently slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. Such negligence can prevent a person from collecting any damages to compensate for the resulting injuries, even if that person's carelessness was minor.
Some states have done away with the concept of contributory negligence altogether and instead use the concept of comparative negligence. Comparative negligence means that the degree of fault of all parties is compared, and the amount of the injured victim's recovery is reduced by the percentage of his or her own fault. In this way, all parties involved in the case are held accountable for their negligent actions.
If you are to collect damages for injuries suffered, you must be able to show that you exercised reasonably prudent care under the circumstances of the accident. If you failed to exercise such care, or if you voluntarily exposed yourself to danger (for example, by riding a roller coaster without wearing a lap belt or working with a neighbor's power saw when you are inexperienced or improperly safeguarded), you are guilty of contributory negligence. Under the law, you voluntarily assumed the risk and therefore are responsible for the consequences of that assumption.
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How do I know if I may need an attorney?
If you are asking yourself this question, you should contact an experienced, reputable attorney immediately for a more definitive answer. Certainly, you should consult an attorney before you give any statements or sign any papers of any kind following an injury.
In a serious injury case, you would be wise to seek legal representation as soon as possible. Our personal injury and wrongful death lawyers will evaluate your case free of charge and without obligation. You risk nothing by consulting with a lawyer, but potentially risk a great deal by acting without legal counsel.
There is a statute of limitations that requires you to file suit within a specific period of time, depending on the circumstances of your case. If you fail to take legal action within this time, you will be prohibited from seeking compensation for your injuries.
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What is a contingency fee?
Most personal injury lawyers, including those at our law firm, do not collect fees unless their clients are awarded damages either by a jury or through a settlement. The lawyers are then paid a percentage of the recovery that is agreed upon before the case proceeds. Generally, the client is responsible for the out-of-pocket costs of litigation.
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If I have a personal injury claim, do I have to go to court?
Most personal injury cases are settled out of court between opposing lawyers or with the insurance company. If a case does go to trial, you will most likely have to appear so that your testimony can be heard. Ideally, we are able to reach a favorable settlement on behalf of our clients, thereby maximizing the recovery and eliminating the inconvenience of a court trial; however, this is not always possible.
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Do I have an unlimited amount of time to file a personal injury claim?
No. Every state has time limits that govern the period during which you must file a personal injury lawsuit. This "statute of limitations" can be as little as one year depending on the state and on the type of accident. The best course of action is to contact our lawyers immediately. He or she can then advise you of the specific statute of limitations that applies to your case and help you keep within those limits if you decide to proceed with legal action.
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How long will it take to settle my claim?
The length of time required to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. Generally, personal injury cases can take anywhere from 3 to 18 months.
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What are some of the representative cases handled by Jerry R. Palmer?
Representative cases for Mr. Palmer in the appellate courts of the State of Kansas include:
- Long v. Turk, 265 Kan. 855 (1998) - establishing the liability of gun owners to exercise the highest degree of care (one of two such rulings in the United States).
- St. David's Episcopal Church v. Westboro Baptist Church, 22 Kan. App.2d 537 (1998), review denied by the Kansas Supreme Court, certiorari denied by the United States Supreme Court, establishing for the first time anywhere the rights of privacy of worship as a governmental interest and holding those who would interfere to the standards of a mixed audience.
- Sheila A. v. Whiteman, 259 Kan. 549 (1996), the first case to overrule a district court on the award of attorney fees in either a class action or common fund case.
- Cerretti v. Flint Hills REC, 251 Kan. 347 (1992), upholding a verdict for the death of a woman by electrocution where damages of over $1 million were awarded.
- Harding v. K.C. Wall Products, Inc., 250 Kan. 655 (1992), a case of first impression upholding the constitutionality of a statute of repose, specially designed for latent disease cases.
- Glenn v. Fleming, 247 Kan. 296 (1990), a case overruling precedent that was less than one year old regarding the subject matter of settlements in association with bad faith claims against insurers.
- Kansas Malpractice Victims v. Bell, 243 Kan. 333 (1988), one of a team of three lawyers in the case that declared unconstitutional various statutory medical malpractice tort reforms.
- Jackson by Jackson v. Wood, 11 Kan. App.2d 478 (1986), a landmark case applying the landlord/tenant act to impose duties upon landlords in tort actions for injuries to invitees of tenants.
- Carpenter v. Johnson, 231 Kan. 783 (1982), a case applying the Manual on Uniform Traffic Control Devices to roadway defect claims under the Kansas Tort Claims Act.
- Flax v. Kansas Turnpike Authority, 226 Kan. 1 (1979), a case overruling prior precedent and removing immunity from the Kansas Turnpike Authority on state constitutional grounds.
- Smith v. Union Pacific, 222 Kan. 303 (1977), a case overruling prior precedent regarding passenger look-out duties at a railroad crossing.
- Bell v. Kent Brown Chevrolet, 1 Kan. App.2d 131 (1977), the first appellate case involving the Kansas Consumer Protection Act.
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