Skip to main content
Matthew Lawrence Bretz
Avvo
Pro

Matthew Bretz’s Answers

85 total


  • Negligent Tort in Kansas

    If a defendant is found guilty in civil suit for negligent tort where the plaintiff is awarded the civil verdict of monetary compensation and if the defendant does not have any asset to meet the compensation, does a separate petition has to be fil...

    Matthew’s Answer

    Once you have a civil judgment against the defendant, your attorney can issue a wage garnishment and can also take other steps to collect the judgment. This can include execution against a variety of assets including real estate (except the defendant's homestead), bank accounts (except qualified retirement accounts), vehicles (except the first $25,000 in equity in one vehicle), etc.

    See question 
  • Does the insurance company have to pay for my damaged vehicle?

    While I was sleeping a vehicle hit my vehicle while it was parked. The drive then fled the scene and was later arrested. I called their insurance company and they informed me it was reported stolen. After about a week i called my insurance and the...

    Matthew’s Answer

    This is a bit of a tricky question to answer because we don't know whether the person who was driving had permission to be driving at the time of the wreck. If the driver had either express or implied permission to drive the vehicle, then he is a "permissive user" and the insurer would be required to pay for damages which he caused. If the driver did not have express or implied permission, then the insurer will likely deny coverage claiming that he was not a "permissive user". Given that the driver was a family member of the owner one would expect that he probably had permission or that the owner will say that he had permission, but this is not always the case.
    If the insurer denies coverage claiming that the driver was not a permissive user then you can still pursue the driver for payment of your property damage.
    Your claim will be for the cost of repairs. However, if the cost of repairs exceeds the fair market value of the vehicle your claim will be for the fair market value of the vehicle.

    See question 
  • Damage award in Kansas

    Let's say a victim was intentionally battered by a person and has clear evidence of battery. Due to lack of financial ability, the victim failed to perform surgery needed to take care of the physical injury resulted from the battery. The victim is...

    Matthew’s Answer

    You can pursue a civil claim for battery. There is a one year statute of limitations, so be sure to get on this right away.
    In the civil claim your lawyer will need to get a doctor to provide a report stating that the surgery is necessary as a result of the injuries. Typically the doctor will not state a price, but we can use a billing manager from the surgeon's office to give a cost estimate. The cost estimate should include all of the associated costs such as the surgeon's fee, hospital charge, anesthesiologist, rehab, prescriptions, etc.
    In the civil claim your attorney can include all of your different kinds of damages such as past and future medical expenses, lost income, lost time, pain, suffering, disability, disfigurement, and any other type of damage which you have suffered.
    You should contact an experienced Kansas attorney as soon as possible.

    See question 
  • Can/Should my brother get a lawyer?

    My brother was riding passenger with his friend and they were T-boned by a 17 year old. The person who hit my brother and his friend was clearly speeding in a 20 MPH zone and the accident has been declared the 17 year olds fault. The 17 year old w...

    Matthew’s Answer

    There are several claims which arise from the accident. First, there is a PIP (Personal Injury Protection) or "No Fault" claim. This includes initial medical bills, lost wages, essential services and rehab expenses. While I'm sure this sounds a bit strange, the PIP claim will be against your brother's own auto insurer if he owns a vehicle. If he doesn't own a vehicle then the PIP claim will be against the insurance company for the vehicle in which he was a passenger.

    There is also a liability claim which includes compensation for past and future medical expenses, past and future lost wages, compensatory damages, pain, suffering and disability, and loss of consortium. There is also potentially an underinsured motorist claim in the event that the negligent 17 year old driver does not have enough insurance to pay for all of your brother's injuries and damages.

    Given that your brother is still having rather significant symptoms it would be good for him to see a neurologist. His primary care doctor can give him a referral or I can help him find a doctor who can treat his injuries.

    There are several time limits which are very important. These include time limits for making a claim, for getting the case settled, for filing suit if the case isn't settled in time, and for obtaining service of process. Missing any of the time limits can permanently eliminate any claim he otherwise would have so it is important to get on this without delay.

    See question 
  • Do I need a Medical Malpractice Lawyer?

    On 12/22/14 I was run over by a car and transported to the hospital via anbulance due to major head trauma. In the OR there was a swarm of surgeons that were a distraction to the doctor sewing my head back together. Do to this there was no record ...

    Matthew’s Answer

    You need to hire an attorney right away. Specifically you need to hire an attorney who handles both car accidents and medical malpractice claims. Many attorneys will handle the easy car accident claim and then drop you when it comes to pursuing the difficult medical malpractrice claim.

    AVVO has a great tool to help you find a lawyer who can handle both of these claims. You can also check a lawyer's rating at Martindale.com. You will want an AV rated lawyer-the hightest rating possible for legal ability and professional ethics.

    See question 
  • What responsibility might my mom's apartment complex have in fall she took near the mailbox there on property.

    My mom tripped on an uneven sidewalk area around mailboxes at her apartment complex. She has fractures in her face and ribs including one depressed orbital fractures that requires surgery. She is unable to work at her full time job. What respon...

    Matthew’s Answer

    A liability claim can be pursued. It would include all of her damages for medical bills, lost income, lost time, pain and disability, and any other damages which she has suffered as a consequence of her injuries. The big issue will likely be proving negligence on the part of the apartment complex as they will likely argue something known as "slight defect" and comparison of fault. She should talk to an experienced attorney as soon as possible, and should get detailed photos before the area is fixed.

    See question 
  • I got evicted from a dirty bedbug infested motel and I have pictures of my bites and how the room looked upon our leaving.

    Can I use them for negligence,pain and suffering and harassment?

    Matthew’s Answer

    You can pursue a personal injury claim for injuries caused by bedbugs. You should talk to a local attorney who handles claims like this.

    See question 
  • I recently bought a car and it has old plates on it, my friend parked it and got a parking ticket. Can they trace it back to me?

    I bought a car, and just put insurance on it, but in Kansas once you have insurance you have 30 days to title the vehicle. I just put insurance on the vehicle and it had random tags on it from several owners before. My friend parked the vehicle wh...

    Matthew’s Answer

    Yes, unfortunately as the new owner and as the owner when the parking ticket was issued you could get stuck with a ticket for expired tags or wrong tags. Be sure to take your Bill of Sale and proof of insurance with you when you get your new registration.

    See question 
  • My mother has dementia and can't find another nursing home that will take her. What can I do?

    Falls, urinary track infections , g.i. infection, trauma to face an head due falls 2 broken hips. I can never reach the administrator by phone. Over a three week period I called the social worker- she only called me back once. The nursing home kno...

    Matthew’s Answer

    To directly answer your question, the Kansas Department of Health and Environment (KDHE) can give you a list of licensed facilities in the area, and can tell you which ones are able to handle patients with dimentia.
    Additionally, it sounds like there may be a nursing home negligence (malpractice) claim which can be pursued. You should talk to an attorney as soon as possible.

    See question 
  • Can i have lawsuit for going to jail with a broken neck?

    I told them over the phone i thought my neck was broke!

    Matthew’s Answer

    You may be able to pursue a claim if they did something negligent or intentional which caused you injury. You should talk to a personal injury attorney as soon as possible as more specific information will be needed.

    See question