How do you manage a personal injury lawsuit on top of all your other financial challenges? The solution is more simple than you may think. Many lawyers cast a wide safety net for their clients. Brad Pistotnik Law only wants you to pay for results. If your case isn't won, you don't pay lawyer fees.
Will You Win?
Personal injury cases are made from three basic building blocks:
- You were injured.
- You were owed an explicit duty of care.
- There was breach of duty and your injury was the direct result of that negligence.
Negligence is established by looking at whether you wouldn’t have been injured if not for the defendant’s behavior.
Negligence sometimes arises from a proximate cause. If the defendant could have predicted damages caused by their actions, negligence is easy to prove. An example of this is if your injuries were the result of someone's failure to maintain their car, driving while intoxicated, or reckless driving, proximate cause links your harm to the defendant's actions. Your lawyer must also prove that your injuries resulted in real damage to your quality of life. Tort can seem complicated, but Brad Pistotnik Law will make sure you feel secure and clear about your rights.
What to Do Before Your Personal Injury Lawsuit
The goal of a personal injury lawsuit is to cover your losses you suffered due to your injuries. If your injury is due to a car accident, your insurance company has to cover some of your expenses even if you don’t specifically have personal injury protection (PIP). It’s automatically included in your insurance and can only be rejected in writing. Although there is a limit to your total coverage, regardless of who is at fault, PIP covers:
- Your medical expenses
- Loss of earnings
- Loss of services
There are some exclusions, so Brad Pistotnik Law will guide and advocate for you.
Many cases are settled without going to trial, so your bills and losses may be covered sooner than you think. Defendants are more likely to settle if you’re facing permanent injuries, have lost income, and/or similar cases to yours have received favorable verdicts. In this case, settlement can be agreed upon within three to six months.
If you have medical insurance and used it to cover your care, you can still file a lawsuit. You cannot be paid out twice, but personal injury is rarely limited only to medical expenses. Damages such as time off work, a decrease in salary, or an increase in insurance are just some examples of what the defendant should cover. Your health insurer can also file a lien against the suit in order to collect reimbursements for medical care owed to your insurer.
When your injury wasn't your fault, there is no reason you should have to cover your expenses and losses yourself. Brad Pistotnik Law specializes in many personal injury practice areas, including car and truck accidents.
Brad Pistotnik Law works in Wichita, Dodge City, Liberal, and Garden City. Our lawyers also cover all of Kansas, Oklahoma, Nebraska, and Illinois. Our Pro Hac Vice work is offered in Texas, Missouri, and other states including:
- El Dorado
Reach the Real Brad 24/7 at:
Or Call Tony Attenbury for advice at 316 - 617 - 9237.