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Matthew Lawrence Bretz
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Matthew Bretz’s Answers

75 total


  • Wife was in a car accident. Both insurance companies have made the entire process a living nightmare! Can we take legal action?

    Wife was in a car accident a year ago. It was the other drivers fault and didn't have a license. I was behind her and witnessed the accident. This became a struggle for us since we were in the middle of purchasing a house. Both insurance companies...

    Matthew’s Answer

    Each of the insurance companies have different responsibilities in this sort of a situation. The insurer who insured your wife's vehicle has responsibility to pay PIP benefits for lost wages and initial medical bills. Both insurance companies may have responsibility to pay for property damage and rental car expenses, depending on coverages which you have on your policy. The other driver's insurer has the responsibility to pay a "liability claim" which includes past and future medical expenses, lost income, lost time, and non-economic damages for things such as pain, suffering and disability.
    If the insurance companies fail to do what they are supposed to do, then suit is possible. You really should speak with an attorney who handles injury cases in Kansas to discuss this in more detail.

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  • My son feel and broke his arm on a playground inside a laundry mat can I sue over the equipment not be put together correctly

    It happened at a laundry mat that had no signs up about the playground equipment

    Matthew’s Answer

    The laundromat and its insurer may have liability if there was something which was dangerous on the playground or if they assembled the equipment negligently. Negligence and the failure to warn of the dangerous condition are what must be addressed.
    AVVO has a great application for finding an attorney who can help you with this.

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  • Hi my name is Beatrice Michel , on Tuesday about 2:30 pm I was hit by a Bob Cat trunk being park in front of my home .

    This truck was a Wyandotte city truck. I been trying to get a rental from them my van is not in driveable. Their is no one to give me answers. Just alot of paper work that needs to be done . I have been walking to and from taking the kids to sc...

    Matthew’s Answer

    You should get an attorney to help you with this as soon as possible. If this is for property damage only, the City will have to pay your attorney's fees as well as for your property damage.

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  • Should I be due any pain and suffering? I am a bicyclist hit by a car as I crossed a street. The car driver was found at fault.

    The driver didn't see me and was charged with inattentive driving. I went by ambulance to the hospital. I had a dislocated shoulder and fractured humerus. My left leg is extensively bruised and my tailbone has hurt, when sitting, since a day aft...

    Matthew’s Answer

    Absolutely. When you have suffered an injury due to someone's negligence, you can pursue a claim for all of the injuries and damages you have suffered. We can include claims for past and future medical expenses, past and future lost wages, loss of time, property damage, and for past and future pain, suffering and disability.
    Since you do not have health insurance, and since the driver's insurance may not have enough limits for medical bills, there can be issues in getting medical treatment. Many medical providers want to make sure that they are paid before they will provide treatment. That issue can be handled and getting medical treatment is probably the most important thing that needs to be done right away. Hopefully you will completely heal from your injuries, but a dislocated shoulder can often also have a torn rotator cuff which requires surgery.
    The insurance company has attorneys who are guiding their actions. They are looking out for their own interests - not yours. They will encourage you to not hire a lawyer and will promise you that they will take care of you. Be careful and get an attorney as soon as possible.
    Lawyers who handle these kinds of cases should do so on a contingency fee so that you do not have to come up with a retainer and do not have to worry about getting a bill at the end of the month.

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  • Needing an attorney for a wrongful death or medical murder case bit I need a you get paid when I get paid type of attorney

    it has to do with a hospital and a clinic that kept sending my late brother who passed on January. 6 2014

    Matthew’s Answer

    It sounds like you need an attorney who handles medical malpractice cases, and most attorneys who handle medical malpractice cases will handle them on a "contingency fee" basis. This means that the lawyer only gets paid if the case is won.
    I will need more specific information about what happened to your brother before I can provide more specific advice.

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  • Yes

    can you tell me the rights I'm driving a rental car that my friend rented and I got pulled over got charged with paraphernalia and a and other narcotics the federal lawyer tells me I have no rights since I was driving a rental car is that true

    Matthew’s Answer

    You need to hire a criminal defense attorney right away. AVVO has a great tool for finding a local lawyer who specializes in criminal law.

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  • Can I beat a driving on suspended sitting behind wheel of car that is broken down?

    Battery died in car at park, it was cold so I switched seats with wife so she could be warm n I could fix car, cops came she told them she drove there, cop gave her a driving on expired, and me driving on suspended, cops got keys from her, but can...

    Matthew’s Answer

    You should be able to beat this ticket, but need to hire a criminal defense attorney right away. AVVO has a great application which will help you find the right local attorney.

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  • What kind of legal stuff I can charge the girl that hit us she is using a rental car under ger mother's name and according to th

    We we're riding a shuttle bus then this girl decided to run infront of us injuring 5 person eith an infant on board and she has no insurance I want to get my bills later by her and pay us for the injuries we got

    Matthew’s Answer

    Even though the driver may not have had an auto insurance policy, the driver is insured under the policy of insurance that the rental company has. As a "permissive user" the driver is considered an "insured". So you can make a claim against her, sue her if necessary, and obtain a settlement or judgment.
    Also, if you have car insurance or the vehicle you were in had auto insurance, then you can also pursue an "uninsured motorist" or "underinsured motorist" claim.
    Ultimately, we can obtain recovery for all of your injuries and damages.

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  • What kind of legal stuff I can charge the girl that hit us she is using a rental car under her mother's name and insurance

    What kind of legal stuff I can charge the girl that hit us she is using a rental car under ger mother's name and according to the police she is unensured. I want to sue her and get a settlement for the damages and injuries she caused

    Matthew’s Answer

    Even though the driver may not have had an auto insurance policy, the driver is insured under the policy of insurance that the rental company has. As a "permissive user" the driver is considered an "insured". So you can make a claim against her, sue her if necessary, and obtain a settlement or judgment.
    Also, if you have car insurance or the vehicle you were in had auto insurance, then you can also pursue an "uninsured motorist" or "underinsured motorist" claim.
    Ultimately, we can obtain recovery for all of your injuries and damages.

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  • 6/01/14 I was hit by a car while in a crosswalk, riding my bicycle, Don't pedestrians and bike riders have the right of way?

    Due to the man T-boning me at only 1 mph, and his being unaware he'd hit a bicyclist, he didn't stop until his driver side wheel on the front wheel of the bike; his tire tread was an inch from my nose, but my right leg (side I fell to) had gone th...

    Matthew’s Answer

    Yes, pedestrians and bicycle riders have the right of way while crossing the street in the crosswalk at an intersection. The only exception to this is in some limited cities which have enacted ordinances specifically prohibiting bicyclists from riding on sidewalks. Your inquiry lists Wichita as where you are located and Wichita does not have such an ordinance.

    Kansas has a law called "comparison of fault" which many insurance companies use to try to blame the victim and avoid having to pay what they owe. They may argue many things to try to avoid having to pay you for your injuries and damages, but you have the law on your side. You had the right of way.

    You have a number of claims which arise from this collision. The first is a PIP claim which pays initial medical bills and lost wages. You also have a liability claim against the driver and his or her insurer. The liability claim includes all of your damages, from past and future medical bills, past and future lost wages, past and future loss of time, past and future pain, suffering and disability, past and future loss of consortium, and any other damages which you have suffered. If the driver was in the course of employment when this happened you will also have a claim against the driver's employer. Finally, you may also have an underinsured or uninsured motorist claim.

    I would also want to check into whether a claim can be made against your insurer for delaying and interfering with medical treatment.

    You have a number of things which can and should be pursued here. Be careful not to delay pursuit of this matter, and be careful about which attorney you hire. All attorneys are not alike.

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