Matthew Lawrence Bretz’s Answers

Matthew Lawrence Bretz

Hutchinson Personal Injury Lawyer.

Contributor Level 7
  1. Do I have to sign a release stating my attorney can talk about my case to anyone he chooses?

    Answered 9 months ago.

    1. Matthew Lawrence Bretz
    2. James E. Benfer III
    3. Kristopher Shane Barber
    4. Josh P Tolin
    5. Michael R Varble, Esq.
    6. ···
    7 lawyer answers

    No. If you are not satisfied with the settlement you do not have to take it, and you certainly do not have to sign paperwork for the attorney allowing the attorney to talk about your case. Client confidentiality prohibits your attorney from speaking about your case. It sounds like you should contact another personal injury attorney in Kansas immediately and before signing anything and before moving forward with the settlement. It may be that another attorney looking at the case will tell...

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  2. What is the best avenue for me to take concerning my injury and other issues that have arose since my injury?

    Answered 9 months ago.

    1. David Ian Schoen
    2. Christian K. Lassen II
    3. Miguel Amador
    4. Matthew Lawrence Bretz
    5. Sean Cleary
    5 lawyer answers

    From the additional information which you provided it appears that the original injury occurred on the job, but that there may be an issue concerning whether you were technically an "employee" and whether there is available work comp insurance. Under the Kansas Workers Compensation Act any person who does work for another which is part of that person's trade or business is considered an "employee" for purposes of work comp. So regardless of whether your employer called you an "independent...

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  3. Can I sue my assailant?

    Answered almost 2 years ago.

    1. Matthew Lawrence Bretz
    2. Jonathan Neal Portner
    3. Charles K. Kenyon Jr.
    4. Daniel Nelson Deasy
    4 lawyer answers

    You certainly can pursue a civil action arising from the assailant's actions and your injuries. The civil action would be for battery and perhaps also intentional infliction of emotional distress. You should keep in mind that Kansas has a fairly short statute of limitations for filing suit for battery - just one year from the incident - and that there are several things which must be done prior to filing suit.

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  4. I

    Answered almost 2 years ago.

    1. Matthew Lawrence Bretz
    2. David J. McCormick
    3. Christian K. Lassen II
    4. Lars A. Lundeen
    4 lawyer answers

    Yes, you should be paid for every minute that you are working. The Fair Labor Standards Act (FLSA), which is federal law, requires an employer to pay hourly workers for all hours worked. Your employment is not for piece-work, and you are not a salaried employee. Thus, they must pay you for all hours and minutes which you work. You should write to your employer and send it certified mail requesting payment for all time worked. If they do not make up the unpaid wages, then you should...

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  5. Suffered a reaction to mold or chemical in my apartment < 25 days after moving in. What remedies are reasonable?

    Answered 9 months ago.

    1. Matthew Lawrence Bretz
    2. David J. McCormick
    3. Christian K. Lassen II
    3 lawyer answers

    You may have a claim against the landlord, but will have to prove what caused your injury. This may be difficult to prove what caused the injury, but you could start by contacting the police or by having a blood test at your doctor's office. If you can prove that the problems came from the environment at your apartment, they you would have a claim against the landlord and its insurer for medical bills, pain, suffering, disability and lost wages. There are some time limits for investigating...

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  6. I was told i was crazy and a stalker by my supervisor which is not a fact.is slander a case?

    Answered 9 months ago.

    1. Matthew Lawrence Bretz
    2. Christian K. Lassen II
    3. Dustin Lee Van Dyk
    4. Steven Robert Samples
    5. Kevin H. Pate
    6. ···
    7 lawyer answers

    You potentially could have a case for defamation of character, but such cases are difficult to pursue and win and have limited damages. The statement that you are "crazy" probably is not actionable because that is a statement of opinion and not a statement of fact. The statement that you are a "stalker", on the other hand, is a factual statement and you would have to prove that the statement was false, that people heard the statement by your supervisor, that those people believed the...

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  7. DCF has received reports of suspected abuse by father of 7 yr old developmentally delayed child, but nothing has been done.

    Answered 11 months ago.

    1. Matthew Lawrence Bretz
    2. Christian K. Lassen II
    3. James E. Benfer III
    4. Timothy Leo Bowden
    4 lawyer answers

    There is a fundamental difference in the amount of proof which is required in a civil case against the father than in a criminal case against the father. In a criminal case the prosecution must prove "beyond a reasonable doubt" that the father has abused your child. In a civil case, you only have to prove that it is "more likely than not" that he has abused your child. You can pursue a civil case against the child's father for the abuse. It is technically a "battery" claim. You can meet...

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  8. I suffered an injury in 2003 when I was minor by a cop, i have been disfigured ever since how can i still get paid ?

    Answered 11 months ago.

    1. Matthew Lawrence Bretz
    2. Roger A. Riedmiller
    3. Jeffrey Mark Adams
    4. Josh P Tolin
    5. Christian K. Lassen II
    5 lawyer answers

    Kansas has a 1 year statute of limitations for an intentional act like battery from a police officer, or 2 years for a negligence claim. See KSA 60-514 and 60-513. This time limit is, however, tolled while a person is a minor. KSA 60-515 allows a person who was a minor at the time of the incident where you suffered the injury to bring the claim within one year after you turned 18; however, the statute puts an absolute deadline to file suit at 8 years from the date of the act giving rise to...

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  9. I was fired for trying to sell a 40lb bucket of cherry pie filling that csm America gave me.

    Answered 12 months ago.

    1. Matthew Lawrence Bretz
    2. Christian K. Lassen II
    3. Michael David Myers
    3 lawyer answers

    Kansas is an employment at will state. This means that legally an employer can fire an employee for any reason or for no reason at all. The only limitations on this are that an employer cannot fire an employee because of race, religion, color, sex, national origin, or in retaliation for reporting sexual harassment or a work injury. Your only legal remedy in this situation is to apply for unemployment benefits. Unemployment benefits are due when an employer fires an employee unless the employer...

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  10. My father passed 11/01/09 can now go back on hospital for their negligence on treating him 2 years prior to his death for stroke

    Answered about 1 year ago.

    1. Matthew Lawrence Bretz
    2. Josh P Tolin
    3. Tatiana Kadetskaya
    4. Christian K. Lassen II
    5. David Ian Schoen
    5 lawyer answers

    I note that you are from Great Bend, Kansas, so am assuming that your father was in a Kansas hospital when this happened. If so, then Kansas law will apply. Kansas law provides a 2 year statute of limitations for pursuing a negligence or medical malpractice action. This means that if the case is not settled and if it is not filed in court within two years from the date of negligence then it is barred and cannot be pursued. This can be extended in certain limited instances, so you should...

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