I was injured in an accident. The other party's insurance company adjuster has made an offer to me to settle the case. When I responded by telling the adjuster that I thought maybe I should discuss the matter with an attorney, the adjuster told me that an attorney would take part of what I had been offered, and I would end up getting less than the current offer being made to me. Is this correct?
It certainly would be wise for you to discuss all the facts of your case with an attorney. Most attorneys that handle injury cases would agree to grant you an initial consultation to evaluate your case, at no charge. That is the practice of our firm. We have had this situation arise, occasionally. In these instances, we have never had a client get less than what they had initially been offered before they came to see us.
QUESTION NO. 2
My daughter was injured in an automobile accident. I was told by a friend that she could not make a claim against the driver of the other vehicle unless her medical expenses exceeded a certain amount. Is this correct?
Not necessarily. In Kansas, you must have medical expenses that exceed $2,000.00, disfigurement or fracture of a weight-bearing bone before you may bring a claim against another party for injuries arising out of a motor vehicle accident. If you cannot meet any of these criteria, you are limited to payments from your own insurance company called "personal injury protection benefits."
QUESTION NO. 3
Recently, I was injured on the job. I am not happy with the doctor that my employer and my employer's insurance company have designated for me. A representative of the insurance company tells me that I must go to the doctor that they choose. Is that correct?
The answer to this question is really yes and no. Workers' Compensation Law in Kansas provides that the employer and their insurance carrier may designate the treating physician. In order for your employer and your employer's insurance carrier to be responsible for payment of the medical bills, you must see the physician or physicians they designate. However, there are a couple of exceptions to this rule. First, you have the right to utilize what is called "unauthorized medical" expense. You can incur bills with a physician of your own choosing up to $500.00, and your employer and employer's insurance carrier must pay this bill. You can also file a motion before an administrative law judge to change the treating physician. You must have a legitimate reason to do this. The general rule is that the employer or employer's insurance company selects the physician.
QUESTION NO. 4
I was involved in an automobile accident with a driver that did not have insurance. My own insurance company has paid my medical bills, but I feel I should be compensated for some permanent injuries that I received. Is there anything that I can do?
Unless you specifically waived it when you obtained your automobile insurance, your auto policy would provide coverage for an accident with an uninsured motorist. This procedure can become somewhat complicated. You should consult an attorney that handles personal injury or automobile cases to discuss this.
QUESTION NO. 5
I was employed with the same company for 15 years prior to being injured on the job. Before being injured, I had an excellent relationship with the management at the company. However, since I have returned to work after being off for 6 months due to my injury, I am treated very rudely by the management of the company, if they even acknowledge my existence. I have been transferred to a different department and am now performing a job that I don't really like. I am afraid that the next thing that will happen is that I will be fired. Can the company do this?
You cannot be fired for filing a worker's compensation claim. If you are terminated for filing a worker's compensation claim, you would have a claim against your employer. The fact that you have been fired for filing a worker's compensation claim, could be difficult to prove, however.