Archive for the ‘Personal Injury’ Category

How Long Will my Kansas Personal Injury Case Take?

Wednesday, December 18th, 2013

A common question about personal injury lawsuits is how much time the injured party must wait before they can recover financially for the damages they have suffered. This is a very important question, because without a doubt, being injured is expensive. Not only do injured parties lose income when they miss work because of their injuries, medical bills add up quickly and arrive in the mail almost as soon as patients are released from the hospital.
There is no one-size-fits all answer to the question of how long any given personal injury case will take, because the facts of each situation are as unique as the clients themselves. There are some basic phases that each personal injury case goes through on its way to conclusion. If you have been injured, understanding how your case will proceed can be helpful, even if it does not provide a concrete answer about how long the case will last.
The first phase of any personal injury case is the period during which the victim recovers from his or her injuries. While it may be tempting to try and settle your case as you recover, it is in your best interest to wait until you have achieved maximum medical improvement, a state in which your condition cannot be improved any further. Until you have attained maximum medical improvement, the full extent of your injuries as well as the potential future effects of those injuries on your life is unknown. It is not possible to determine whether a proposed settlement will adequately compensate you for your injuries until you know the full extent of their impact.
Even though settling your personal injury case will have to wait until you are healed, it is a good idea to consult with an attorney as soon as you are physically able to do so. Your attorney can get started on collecting information from the doctors and other professionals who are treating your injuries. If your attorney is able to connect with your treatment providers in advance of your full recovery, it is likely to take less time for them to gather all of the information that they need from those treatment providers once you have recovered.
Once you have realized maximum medical improvement, your attorney will use the information from your treatment providers and other relevant sources to create a complete picture of your damages. Your attorney will submit that information to the insurance company or insurance companies which represent the person or people who are responsible for your injuries. It usually takes an insurance company about four to eight weeks to review that information and reply to your attorney with an initial offer.
When your attorney receives the initial offer from the insurance company, your case enters the “negotiations” phase. During negotiations, your attorney will talk to you about the initial offer. Depending upon whether you accept or reject that offer, your attorney will either notify the insurance company of your acceptance or prepare a counteroffer and send it to the insurance company for their review. Sometimes, an insurance company makes an initial offer that is reasonable. Much of the time, several exchanges of offers and counteroffers are required before an offer which is acceptable to the client is obtained.
In the event that negotiations do not lead to an acceptable settlement offer, your attorney will file suit and your case will proceed to the litigation phase. Once a case is in litigation, there is still a very good chance that it will settle before trial, because there is quite a bit of time between when a case is filed and when it is tried, and during that time, negotiations continue.
If you have been injured, a Kansas personal injury attorney can help you to obtain the financial recovery that you deserve. To learn more about your case, please call the Wichita office of Cummings & Cummings, LLC at (316) 264-1548. Our team of seasoned personal injury attorneys will take the time necessary to review you case, and advise you of all your legal options. We look forward to providing you with superior legal representation.

Assessing Damages in Brain Injury Cases in Kansas

Sunday, December 15th, 2013

Personal injury cases of any kind are difficult for not only the accident victim, but also for their family and friends. The upheaval that an injury can cause in the life of the victim and those around them can last for months, and even years, following the injury. In the case of victims whose injuries include an injury to the brain, the consequences can be even more devastating and can even persist for the rest of the victim’s life.

How, then, can a brain injury victim (or their next of kin who may be filing suit on their behalf if the injury is so severe that they cannot do so themselves) ensure that they receive compensation for all of the effects that the victim’s injuries are likely to have on his or her present and future life? The first and most important step that you, as the injured party or their next of kin, can take in the direction of securing adequate compensation for your pain, suffering, and present and continuing injury, is to hire a knowledgeable Kansas Brain Injury Lawyer. Your Kansas Brain Injury Lawyer knows a great deal about brain injuries, and the ways in which they affect accident victims and their friends and families. Your Kansas Brain Injury Lawyer also understands the ins and outs of brain injury cases, and can help you to present information which accurately portrays the extent to which a brain injury has impacted and will continue to impact your life.

Many different types of accidents can result in brain injuries. For example, car accidents and falls are at the top of the list of events that cause traumatic brain injuries. At their worst, traumatic brain injuries can cause death. If a brain injury victim survives, the range of disabilities and impairments that they have suffered may not be evident until well after the injury occurred. This can complicate legal matters, because there may be financial (from bills and expenses piling up) and personal (from the other party or their insurance company) pressures to settle personal injury and accident cases quickly.

Your Kansas Brain Injury Lawyer can help you to find a balance between obtaining the financial recovery that you need and making sure that you are compensated adequately for the full extent of your brain injury. If you have been injured in an accident, and you have sustained an open head injury or a jolt or blow to the head, it is important that you get your injuries evaluated immediately. Getting prompt medical evaluation can detect brain injuries that could otherwise remain unseen until serious symptoms appear, and ensures that the victim can begin receiving treatment as soon as possible. Even if no symptoms are detected initially, seeking prompt medical attention creates a medical record that can later prove useful if brain injury symptoms do develop.

When you enlist the help of a knowledgeable Kansas Brain Injury Lawyer, you get much more than high quality legal representation. You become connected with a team of professionals who know all about brain injuries and the profound impacts that they have on the lives of people like you. These professionals care about your well-being, and are here to help you every step of the way, with resources, information, and support.

The Kansas personal injury lawyers at Cummings & Cummings, LLC know that a brain injury can turn the victim’s life upside down. They also understand the profound impact that brain injuries can have on the families and friends of brain injury victims. Contact our seasoned personal injury attorneys today at (316) 264-1548 to learn more about how we can help you.

Frightening Facts About Pedestrian Accidents in Kansas

Sunday, December 1st, 2013

Many Kansas parents are already busy helping their children get their Halloween costumes ready for parties, trick-or-treating, and other fun things later this month. While Halloween can be a fun holiday for families, there are some frightening statistics about pedestrian accidents on Halloween that are enough to make any parent’s skin crawl. Did you know that your child has a greater chance of being fatally injured by a car on Halloween than on any other day of the year?

In the United States, approximately six children are killed in pedestrian accidents every year on Halloween. Most of these fatalities occur between the hours of 5 and 9 PM, when children are out trick-or-treating. Since younger children are more likely to be accompanied by an adult when they hit the streets, they are less likely than older children to be involved in fatal pedestrian accidents on Halloween.

Fortunately, there are ways to keep your little ghosts and goblins safe while having plenty of Halloween fun. Many communities have stepped up to the plate and encourage residents to participate in trick-or-treating during daylight hours. Some places have even imposed curfews. Parents can help their kids stay safe by accompanying them as they make the rounds. Older children may want to go out with a group of friends, but it is safer if an adult accompanies the group, so think up a fun costume and join in the fun.

Speaking of costumes, work visibility into your kids’ costumes for extra safety. Light colors, reflective fabrics, and glow sticks or glow jewelry are just some of the ways that you can make sure that their costumes are easily seen. Also, make sure that they can see well while they are wearing their costumes, and that their view is not obstructed by a mask, hood, or other part of the costume. When you go trick-or-treating, bring along a flashlight or two, and make sure that you follow the rules of the road and use crosswalks. Keep your kids and their friends safe by paying close attention to where everyone is walking, the kids may be very excited and not all that attentive to whether they are stepping off of the road and into the street. If you have your cell phone with you, don’t make calls or send texts while you are walking, as it could distract you from the task at hand.

Another way that anyone, whether or not they are a parent, can help to reduce the number of pedestrian accidents on Halloween, is to stay off of the road during “the witching hours” if that is at all possible. The streets will be clogged with pedestrians, and traffic will be moving much more slowly than usual. If you must drive, avoid residential areas as much as possible, as those areas are where most of the trick-or-treating takes place. Be aware that police are often out in full force, helping to keep the streets safe for kids. They will not hesitate to stop you for speeding, or for anything else that they feel presents a threat to pedestrians.

If you or someone that you love has been injured or killed in a pedestrian accident, you need the help of an experienced Kansas personal injury lawyer. Your Kansas personal injury lawyer can help you to obtain the best possible settlement as you recover from your loss or injury. Call the Wichita office of Cummings & Cummings, LLC today at (316) 264-1548.

Winter is Coming, Put on Your Boots

Thursday, October 17th, 2013

The days are getting shorter, and it is definitely getting cold outside. While the ground is not yet white with snow, it is a good time to think about making sure that you have good winter boots on hand for when the flakes start to fly. While winter boots cannot prevent all winter weather related slip and fall injuries, they can go a long way towards helping you stay on your feet when you encounter ice, slush, or other slippery conditions underfoot.

Slippery walking conditions could be present anywhere, this winter. If you own and maintain your home, you probably know which areas of your driveway and entry area get slick when it snows. Keeping these areas clear and treating them with sand or salt if necessary can help you and any visitors to your home to stay safe.

When you go out, be aware that slippery conditions may exist in parking lots, on sidewalks, in entryways, and in many other places. The owners of the places that you go have a duty to use reasonable care to keep their property safe. In the winter, this means checking the property often to look for and address hazards like ice, snow, and wet floors.

Despite the duty that property owners owe to the public to keep their facilities safe, dangerous conditions do sometimes arise that are not addressed for some period of time. If you do slip and fall this winter, seek medical attention for your injuries right away. Some injuries, especially those to the neck and back, as well as some types of brain injuries, are not always readily apparent in the hours and days following a slip and fall. Getting prompt medical attention can not only help you to take care of any injuries that you do feel right away, it also creates a record of medical treatment that you can rely on as needed when negotiating a fair settlement with an insurance company.

Aside from getting prompt medical attention following your slip and fall accident, make sure that you report it to the property owner. It is a good idea to keep your discussion with them brief and avoid discussing too many details about what happened, as they are an adverse party who could potentially be liable to you for your injuries, If the property owner does try to have you complete an accident report, make a statement, or fill out any other paperwork regarding the accident, let them know that you wish to review the paperwork with your attorney before you complete it.

If you can, take pictures of the dangerous area, and write yourself some notes about what happened. Don’t forget to take pictures of your feet, wearing your winter boots, and don’t forget to mention the fact that you were wearing winter boots in your account of the accident. Wearing winter boots shows that you were taking appropriate measures to keep yourself safe in light of the wintry weather conditions, and this could prevent you from being found partially or completely responsible for your injuries.

If you have been injured in a slip and fall accident, an experienced Kansas personal injury lawyer can help you to obtain a settlement that will enable you to recover physically and financially from your injuries. To learn more about how a Kansas personal injury lawyer can help you recover from your slip and fall accident, call our Wichita office today at (316) 264-1548.

Staying Safe During Harvest Time

Wednesday, September 11th, 2013

As the warmth of summer gives way to the cool, crisp air of autumn, farmers and other workers who are bringing in this year’s harvest are working hard to bring in this year’s crops. Harvest season is a busy time of year, and for anyone working in the agricultural sector, it can be a dangerous time of year as well.  According to the Occupational Safety and Health Administration (OSHA), agriculture is one of the most dangerous types of work in the United States. Between the many varieties of heavy equipment that are used for harvesting various crops to the grueling schedules that many workers keep during harvest time, the potential for injury during the harvest season is at an all – time high. Here are a few tips for staying safe as you bring in the harvest.

  • One of the major causative factors in serious farming-related accidents is fatigue. Farming is hard work, physical work, and many farmers and farm workers work long hours. Unfortunately, when you combine fatigue with large, heavy machinery, the results can be disastrous. Keep yourself and others around you safe by getting adequate rest, and taking regular breaks to eat and drink so that you do not experience the dangerous effects of fatigue on the job.
  • During harvest season, there is definitely a feeling that you have to get the job done, and get it done quickly. While the changing of the seasons does create somewhat of a time crunch, it is important that you do not allow the time pressure of the tasks at hand to cause you to cut corners or take risks. If an action would be unsafe at any other time of year, it is just as unsafe right now, even if it could save you a few minutes of your time. If you are tempted to take risks to save time, remember that an accident or injury would bring your work to a halt, and you could have to spend a significant amount of time recovering from it.
  • Another danger of harvest season is that you may now be using equipment that you have not used since last year at this time, or, you may be using equipment that you have never used before if your equipment is new or borrowed. Using equipment when you are unfamiliar with its operation can be dangerous. Although it takes a little time to read instruction manuals and familiarize yourself with the operation of a piece of farm machinery, it is essential that you do so, so that you will be able to operate it safely.
  • While checking your harvesting equipment before each operating session may seem like a time-consuming chore, it can help to prevent accidents and injuries, and could even reduce downtime due to breakdowns in the field. It is much easier to fix a part that is coming loose when you discover it during a routine check of your equipment than it is to locate and replace that same part if it falls off or breaks while you are operating the machine.

Our Kansas personal injury attorneys at Cummings & Cummings, LLC know that many serious injuries occur during the busy fall harvest season. If you have been injured in a harvesting – related accident, our dedicated team of Kansas personal injury lawyers will work diligently to obtain the compensation that you need to rebuild your life.  We have over 30 years of combined litigation experience, so contact us today at 316-264-1548 to learn about your rights and options.

Common Questions about Kansas Pedestrian Accidents [Part II]

Monday, July 15th, 2013

This is the second half of our two-part blog post that answers common inquiries that we receive about pedestrian accidents in Kansas.  While motor vehicle collisions are inherently dangerous, pedestrians that are struck by a motor vehicle face a risk of serious injury and wrongful death that is exponentially higher than vehicle occupants.  While we have attempted to respond to many of the general questions we receive about pedestrian accidents, the best solution if you are looking for information specific to your situation is to speak to an experienced Kansas pedestrian accident lawyer at Cummings and Cummings.

Is the driver always liable if they strike a pedestrian?

This is a complex question because there are scenarios where a pedestrian’s actions contribute to a pedestrian-car crash.  The prototypical example is the “darting child, but insurance companies often defend cases based on the theory that almost every pedestrian accident involves someone darting into traffic.  The reality is that drivers have a legal duty to drive with reasonable care to avoid pedestrians especially in areas where it is reasonable to expect pedestrians to be present such as near intersections, school zones and the like.  Even if the insurance company for the driver contends that a pedestrian is partially responsible for his or her own injuries, this will not necessarily negate a pedestrian’s ability to recover.  This defense known as “comparative negligence” does not bar recovery by the pedestrian injury victim unless the pedestrian is more at-fault than the driver.  However, any fault assigned by the judge or jury to the pedestrian may reduce the amount of recovery in proportion to the percentage of fault assigned to the pedestrian.

Are pedestrian accident cases involving children treated the same as when the victim is an adult?

Depending on the age of the child, kids may not be held to the same standard of care for their own safety as adults who have more experience and maturity when crossing the street or walking in the vicinity of traffic.  Further, adult drivers who are traveling in an area where they should expect children to be present and/or to be playing, such as residential neighborhoods, parks and school zones may be held to a higher standard of care.

What types of damages are recoverable when a person is injured in a pedestrian accident in Kansas?

The specific damages and value of your claim will be based on the unique facts of your case.  Many Kansas pedestrian accident lawyers offer a free consultation so that they can evaluate your case and provide a preliminary assessment of the potential value of the claim.  Generally, the more severe and permanent the injuries the greater the value of your pedestrian accident claim.  Some of the types of damages that may be available in a pedestrian accident lawsuit in Kansas include:

  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Medical and rehabilitation expenses
  • Compensation for impaired enjoyment of life
  • Loss of consortium

This is not a complete list of damages that may be available and not all of these types of damage be available in every pedestrian accident case in Kansas so we urge you to contact us for information more specific to your pedestrian accident claim.

Our Kansas pedestrian accident attorneys at Cummings and Cummings know that negligent drivers pose a serious hazard for those walking for exercise, transportation or recreation.  If you are injured in a pedestrian collision, our dedicated team of Kansas pedestrian accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives.  We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.

Common Questions about Kansas Pedestrian Accidents [Part I]

Friday, July 5th, 2013

Motor vehicle accidents cause enormous hardships for both injury victims and their families every year.  Collisions involving cars and other vehicles can cause permanent injury and wrongful death to drivers and passengers.  However, pedestrians face a unique risk because they do not benefit from the protections of being enclosed in the steel frame of a vehicle or safety equipment like seatbelts and airbags.  Pedestrian accidents often result in catastrophic injuries that cause brain damage, loss of cognitive functioning, impaired mobility, paralysis and other life-altering consequences that permanently impact a pedestrian’s quality of life and ability to live independently.  Because pedestrian accidents often result in especially serious consequences, our Kansas pedestrian accident attorneys have provided answers to commonly asked questions about these potentially fatal vehicle collisions in this two-part blog post.

Aren’t pedestrian accidents fairly unusual?

While many people presume that pedestrian collisions are unusual, almost 70,000 people are injured and more than 4,200 die annually in the U.S. when motor vehicles and pedestrians cross paths.  Put another way, there is a person injured in a pedestrian crash every 8 minutes while a person is killed every two hours in a pedestrian accident.  The lack of protection afforded to pedestrians exposes those walking, jogging and running to 1.5 times the risk of being killed in a motor vehicle collision than a vehicle occupant.

Are there certain groups of people that are most at-risk of being involved in a pedestrian crash?

Although anyone who is “hoofing it” can be the victim of a distracted, alcohol impaired or speeding driver at an intersection, there are certain populations of people that are more likely to be involved in a pedestrian crash.  Kids and seniors are the age groups most likely to suffer injury or death in a pedestrian crash.  During a recent twelve month period, the elderly accounted for 19 percent of all pedestrian fatalities whereas kids between the ages of 5 and 9 accounted for twenty percent of all pedestrian deaths in motor vehicle accidents in the U.S.  Seniors may be more at-risk because of declining vision or hearing that impair their ability to detect approaching vehicles.  They also may take longer to cross the street so that they are exposed to the risk of being hit by a driver for a longer period.  Kids may lack the experience or judgment to assess the danger posed by running out into the street.  Further, the ability to judge time and distance may be more limited for kids who have had less opportunity to engage in such judgments because the do not drive.

There also have been studies that reveal minorities who live in lower income areas are also more prone to being the victim of a pedestrian accident.  The rationale for this increased risk is that low-income individuals are more likely to walk as a means of transportation or to need to walk to catch public transportation.  Many low-income areas are also located in close proximity to busy roads with few pedestrian safety features.

Our Kansas pedestrian accident attorneys at Cummings and Cummings know that negligent drivers pose a serious hazard for those walking for exercise, transportation or recreation.  If you are injured in a pedestrian collision, our dedicated team of Kansas pedestrian accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives.  We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.

Why Kansas Construction Accident Injury Claims Can Be Complicated

Friday, June 21st, 2013

If you work in the construction trades, you are probably well aware of the many dangers that can result in devastating injuries to those working on a construction project.  Legal claims for financial compensation that arise out of construction accidents can be extremely complicated because of factors, such as the severity of injury, applicability of workers compensation law and the changing environment on a construction site.  Our experienced Kansas construction accident attorneys analyze these factors below:

Severity of Injury: The construction trades have long been considered one of the most dangerous occupations.  The rate of serious injury and fatalities is much higher in the construction industry than most other sectors of the economy.  When construction accident victims suffer permanent debilitating injuries or a family loses a loved one, the financial hardships of a work-related injury increases exponentially.  Financial recovery will be important to cover lost earnings, future diminished earning capacity and medical bills as well as to compensate one for pain and suffering and an impaired quality of life.  However, the more extensive the injuries or loss, the harder insurance companies fight to avoid or minimize liability.

Workers Compensation vs. Personal Injury Law: Generally, workers compensation will be the exclusive remedy against an employer for injuries incurred during a fall, motor vehicle collision, heavy equipment accident, trench collapse or other construction site mishap.  This is both a good news and bad news scenario.  On the one hand, workers compensation claims do not require that you establish the injury occurred because the employer was negligent.  Essentially, workers compensation will cover the claim provided the injury occurred in the “course and scope” of employment regardless of fault.  On the other hand, there are many types of damages that would be available in a personal injury case that are not available through a workers compensation claim, which include pain and suffering and diminished quality of life.  Our experienced Kansas construction accident attorneys investigate construction site accidents to determine if a third party, such as a general contractor, sub-contractor, heavy equipment rental company, landowner, engineer or other may have contributed to a client’s injury.  We may be able to pursue a personal injury lawsuit against the third party to supplement a workers compensation claim.

Evolving Environment on a Construction Project: Because construction sites often change quickly in terms of the entities working on the site and the physical environment, potential defendants and witnesses can disappear and evidence can be altered or destroyed.  When you are injured on a construction site, you should seek immediate legal advice because an experienced Kansas construction accident law firm will have the resources to promptly investigate construction accidents before evidence or relevant parties are no longer readily available.

If you or a close family member have been injured of a loved one has died in a Kansas construction accident, experienced Sedgwick County DUI construction accident attorney Bill Cummings works diligently to obtain the compensation his clients need to re-build their lives.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.