McPherson, Kansas Personal Injury Legal Blog - Pyle Law
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By Pyle Law Firm, May 8 2019 10:16PM

Kansas’s workers’ compensation program provides injured workers with certain benefits regardless of fault. The fact that the workers’ compensation law provides benefits on a no-fault basis may make you think that getting benefits is going to be as simple as filling out some paperwork and submitting it to your employer’s workers’ compensation insurance provider. Unfortunately, workers’ compensation insurers are for-profit companies that will take any opportunity to deny a claim.

If you claim has been denied, it’s critical to understand that you have legal recourse and that you can appeal the insurance company’s decision.

The Workers’ Compensation Appeals Process

If you claim has been denied by your employer or your employer’s insurer, the first thing you need to do is let them know that you are going to request a preliminary hearing and why you believe your claim was denied in error. Then, contact the Kansas Workers’ Compensation Commission and formally request a hearing.

The preliminary hearing will be heard by a judge.

These hearings are not as formal as an actual trial, but both sides will be able to present evidence in support of their positions. At the conclusion of the hearing, the judge will issue a decision, which can be appealed by either party. If it is appealed, the next step is a formal hearing heard by an administrative law judge. If a party disagrees with the ALJ’s decision, that decision can be appealed to the Workers’ Compensation Board within ten days. Finally, the Board’s decision can be appealed to the Kansas Court of Appeals once the Director certifies the record.

When to Hire a Workers’ Compensation Attorney

As the information above should make clear, the workers’ compensation appeals process is extremely complicated. For this reason, anyone appealing a denial of a workers’ compensation claim should retain an attorney as soon a possible. In fact, the best way to avoid a denial in the first place is to call an experienced McPherson workers’ compensation lawyer as soon as possible after you sustain an on-the-job injury.

Some of the ways that a lawyer can help you ensure that you get the benefits you need as quickly as possible include:

Ensuring that your paperwork is complete and is supported by appropriate evidence

Communicating with your employer and insurance company on your behalf

Appealing a denial of your claim as soon as possible

Representing you in any hearings that occur in regard to your case

Filing a lawsuit on your behalf and representing you in court

Call Us Today to Schedule a Free Case Evaluation with a Workers’ Compensation Attorney in McPherson, Kansas

If you had your workers’ compensation claim denied or have yet to file a claim after an on-the-job accident, it’s in your best interest to speak with a McPherson workers’ compensation lawyer as soon as you can. Pyle Law Firm has been helping clients for more than 20 years and knows how to get injured workers the benefits they deserve. To schedule a free case evaluation with Mr. Pyle, call our office today at (888) 381-1155 or contact us online.

By Pyle Law Firm, Apr 29 2019 07:27PM

The moment you get into a workplace accident, you need to think about protecting your rights. It’s up to you to look out for yourself. As soon as your employer’s insurance company gets involved, they’ll be looking out for your employer.

Report the Accident

The only way for your employer to know that you’ve been injured is through an accident report. The moment you’re injured, be sure that a report is filled out. This will be useful, too, should you decide to work with a McPherson Kansas workers compensation attorney later on.

Be sure that the report contains as much detail as possible. If witnesses saw the accident, ensure that they are listed on the report. Then, get a copy for your personal records. This way, you can be sure that everything was filed as needed. Additionally, employers are required to report fatalities and serious injuries to OSHA.

See the Doctor

You only have a limited amount of time to see a doctor. There’s nothing worse than finding out that you lost your rights to file a workplace injury claim because you skipped out on getting medical help promptly. Listen to what your employer instructs you to do so that you don’t miss any of your scheduled doctor visits or any therapy that you might have to attend. By getting medical care, your employer will know the extent of your injuries.

Contact a Lawyer

Unfortunately, many people don’t get a lawyer because they don’t think that there’s any need. A McPherson Kansas Workers Compensation lawyer can take the time to review your case. More importantly, they’ll make sure that you’re getting the best possible settlement based on all that you have been through. Many insurance companies look to settle with employees quickly, which can be a mistake. For example, if you can’t go back to work in the same capacity, you need to make sure your employer’s workers compensation coverage is taking care of providing you with training for a new position or career field.

Pyle Law Firm has worked with several different cases when people need a McPherson Kansas Workers Compensation lawyer. They understand the laws as well as how to focus on the needs of the individual.

You don’t want to deal with a workplace accident on your own. The best way to protect your rights is by having a legal professional in your corner. Contact Pyle law firm today to hear how a McPherson Kansas Workers Compensation attorney can help your case.

By Pyle Law Firm, Apr 26 2019 07:49PM

The Kansas wrongful death statute, K.S.A. § 60-1901, describes causes on wrongful death after a motorcycle accident. A wrongful death accident is a type of accident caused by an omission or wrongful act. Thus, your loved one died because the party at fault, called the wrongful party, did something wrong or failed to do something. This type of negligence could be the cause the accident that led to your loved one’s death in a motorcycle accident.

Your loved one was supposed to live a long life. Unfortunately, someone's actions or inactions shortened their life. You may have the right to sue on your loved one’s behalf. Contact a McPherson Kansas wrongful death attorney. Your McPherson Kansas wrongful death attorney will explain how the following personal injury elements could apply to your case.

Elements of a Motorcycle Wrongful Death Claim

In Kansas, proving a motorcycle wrongful death claim involves four steps or elements. These elements are proven separately. However, together they show that the wrongful party was at fault for the motorcycle accident. They also show why the other party must pay your family damages.

1. Legal Duty

The first step in proving a wrongful death claim is proving a legal duty. Legal duty is the responsibility a person has to avoid harming a person or causing property damage. This legal duty is assumed in many instances, such as operating a motor vehicle. Your McPherson Kansas wrongful death lawyer uses evidence such as witness statements to establish legal duty.

2. Breach of Legal Duty

Your McPherson Kansas wrongful death attorney’s next step is to show that legal duty was breached. A breached legal duty refers to the wrongful party failing to protect an accident victim from harm. This means the wrongful party caused the accident. However, this element doesn’t make them liable for the accident.

3. Cause

This element involves your lawyer showing how the wrongful party caused your loved one’s motorcycle accident. According to Kansas law, a wrongful party can be the cause of an accident in two ways: direct or proximate cause.

Direct cause refers to the wrongful party causing the accident. For example, they slammed into your loved one’s motorcycle. Proximate, or indirect, cause means that the wrongful party didn’t directly cause the accident. Instead, their actions led to the motorcycle accident. For example, they hit a vehicle, and that vehicle hit your loved one’s motorcycle.

4. Damages

In this element, money is discussed. You must prove you suffered loss because of your loved one’s wrongful death. This loss can be funeral expenses, medical bills or pain, and suffering.

Contact Pyle Law Regarding Your Wrongful Death Lawsuit

Don’t let the medical bills and funeral expenses from your loved one’s motorcycle accident bankrupt you. Contact Pyle Law, McPherson Kansas wrongful death lawyer, for assistance with your case. Pyle Law offers a free initial consultation to discuss your case risk free. We have helped numerous clients with wrongful death achieve outcomes in their favor. Contact us.

By Pyle Law Firm, Apr 25 2019 10:44PM

Being injured in a car accident can be a devastating life-changing moment. Despite all the improvements in safety and our attempts to reduce car accidents, the figures have remained pretty steady over the last few decades. The reason why many car accidents, nowadays, can be just as deadly or dangerous is because people are driving faster and falling victim to mixed collisions. Mixed collisions occur when vehicles of different mass collide (e.g., accident involving a subcompact car and truck).

The huge problem with mixed collisions is that many of the safety mechanisms that are designed to protect drivers become worthless when a large truck or SUV impacts a small passenger car at the roof or upper levels. Before you contact a McPherson Kansas Car Accident Lawyer, let's take a look at the five common injuries that occur in motor vehicle accidents.

#1: Whiplash - Whiplash is a very common injury that can occur at even low-speed collisions. It occurs when the head and neck suddenly jerk forward and back.

#2: Lacerations - It is common for automobile accidents to cause lacerations from flesh hitting metal parts under the seat or if occupants impact metal surfaces like ashtrays at high speeds.

#3: Concussions - Because the head bounces around in an automobile accident, it is very easy to get a concussion of swelling and pressure inside the head. Serious concussions can lead to brain damage.

#4: Broken Bones - Because of the velocity, bones can snap like toothpicks. In fact, even airbags can eject with enough pressure to crack ribs.

#5: Back and Neck Problems - It is quite common for someone to suffer back and neck problems after an accident that go beyond whiplash. Because your body is being thrown around at such a high velocity, the sensitive nerve bundles in your spine can easily be thrown out of alignment with herniated disks, sprained muscles, and nervous system damage.

What to Do If You Are Involved in An Accident

If you are involved in a motor vehicle accident, you must first reach out to a McPherson Kansas Car Accident Attorney like E. Thomas Pyle. There are a variety of moves that have to be made quickly to preserve evidence. Your McPherson Kansas Car Accident Lawyer may file a motion to preserve the "black box" found in 96 percent of automobiles. This computer recorder would have the defendant's final impact speed to help prove fault if the auto accident was speeding-related. Other accidents are related to drugs and alcohol, something that will be easier to determine once the police arrive at the scene.

Contact Pyle Law Offices

Contact McPherson Kansas Car Crash Attorney E. Thomas Pyle if you are involved in a motor vehicle event. He has access to leading experts and has the litigation experience to help you reclaim your life after a car accident. E. Thomas Pyle is a McPherson Kansas Car Accident Attorney with a proven track history of success. Although every case is different, it shows that McPherson Kansas Car Crash Attorney E. Thomas Pyle is dedicated to serving his clients. He helps injured parties obtain justice fast.

By Pyle Law Firm, Apr 25 2019 09:59PM

A wrongful death lawsuit is a type of civil action in which compensation is sought for the death of a family member. Wrongful death lawsuits in Kansas are brought in cases involving an individual's death as the result of the negligence of a third party. In addition, wrongful death cases can also be pursued when a person's death is the result of an intention act, including some type of criminal conduct. As a resident of the state of Kansas, or as a person who is considering pursuing a lawsuit of this nature, you may wonder how a wrongful death lawsuit in the Sunflower State works.

Who can Pursue a Wrongful Death Lawsuit in Kansas?

Only certain family members can pursue a wrongful death lawsuit in Kansas. These family members are

• surviving spouse

• surviving child or children

• surviving parents

• surviving grandparents

• surviving siblings

A McPherson Kansas wrongful death lawyer will explain that these family members can pursue a wrongful death action jointly or individually. In other words, they can pursue a lawsuit together or separately.

What is the Timeframe for Filing a Wrongful Death Case in Kansas?

As is the case in all states, Kansas has what is known as a statute of limitations. The statute of limitations is a law that sets a specific deadline by which a wrongful death lawsuit must be filed in court. In Kansas, a wrongful death lawsuit must be filed within in two years of a family member's death.

If a wrongful death lawsuit is not filed within this time period, a person nearly always will be precluded from pursuing this type of case to obtain justice for the accidental or intentional death of a family member. If a person finds his or her self with a timeliness issue, he or she should consult an experienced McPherson Kansas wrongful death attorney, like a member of the legal team at the Pyle Law Firm.

How Does a Wrongful Death Lawsuit Start?

In Kansas, a wrongful death lawsuit starts with the filing of what is known as a petition in the district court with authority over the county in which the death occurred. The petition sets forth the basic facts underlying the wrongful death claim. It includes a "prayer" for relief, which is a request for compensation of a certain amount of money. Because it is a complicated legal document, a petition is best prepared by an experienced Kansas personal injury attorney.

Retain an Experienced McPherson Kansas Wrongful Death Attorney

The first step in retaining a McPherson Kansas wrongful death lawyer is to schedule an initial consultation with the Pyle Law Firm. During an initial consultation, a prospective client is provided a case evaluation. Also, a person seeking legal assistance will be able to obtain answers to any questions he or she may have about a claim. There is no charge for an initial consultation with Pyle Law Firm – McPherson Kansas wrongful death attorneys.