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Matthew Lawrence Bretz
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Matthew Bretz’s Answers

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  • Do I need an attorney?

    I was jumped by a few guys a couple of years ago. They left me with level 7 head trauma tbi. The police have not got in touch with the guys who hurt me, I have digital images taken from our home surveillance system of the men. Just wondering if an...

    Matthew’s Answer

    You need to contact a personal injury attorney right away. The statute of limitations for pursuing a claim for damages caused by battery may already have run, as it is typically only one year. There may be some exceptions, so talk to an attorney without delay.

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  • My son fell at Wal-Mart and has documented and potentially permanent injuries to his teeth and mouth. How should I pursue?

    My four year old was sitting on the child seat next to the self checkout when he slipped off and hit his mouth on the basket handle. While filing out the report, the manager at the store asked another employee to come look at him and help determi...

    Matthew’s Answer

    You should contact an experienced Kansas personal injury attorney as soon as possible. Walmart's insurance adjusters will act concerned at first, but will eventually turn down your claim. So it is better to start with an attorney.

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  • Can I sue my landlord for my one year old daughters personal injury that occurred in the home?

    When my husband and our daughter moved into our home we told the landlord about the huge crack in the hallway floor and how it could be dangerous for our daughter. He clearly said it was perfectly fine to walk on and we will not be responsible for...

    Matthew’s Answer

    Yes, you can pursue a personal injury claim on behalf of your daughter. It sounds like you have the evidence you need to prove that your landlord was negligent. The key will be proving that the landlord had knowledge of the condition before it happened, and who knows whether he will be honest when confronted about that issue. Kansas is a one-party consent state, so you could call your landlord and record it and try to get his admission.
    You should talk to an attorney about this as soon as possible.

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  • Why do I need to sign a release if the attorney already has the settlement check?

    The attorney says he already has the settlement check from the insurance company given to him after the settlement was signed. Now he wants me to sign the release for the insurance company. If this is required by the insurance company why did the...

    Matthew’s Answer

    The release is supposed to simply be a written memorialization of the agreement to settle the claim. Essentially the insurance company agrees to pay you in exchange for your agreement to release the insurance company and its insured. Most people are bothered by the standard language which states that the release is not to be construed as an admission of fault. That language is used by the insurance company because they often would not be able to get their insured driver to admit fault. If instead of reaching a settlement agreement you went to trial and got a verdict and judgment, then you would not have to sign a release to get the insurance company's money and would not have to sign something which states that there is no admission of liability.
    I hope that this helps explain the process.

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  • Damage recovery

    If a civil court issues judgment in favor of plaintiff's monetary damage, can plaintiff recover the damage from defendant's out of country assets in the event the defendant does not have enough asset in the USA to satisfy the damage claim?

    Matthew’s Answer

    You can collect against a defendant's out-of-country assets, but there are many hurdles. You should contact an attorney who specializes in collections matters as soon as possible.

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  • My friend had an auto accident where he ran inn to a dumpster that was placed on a city street.

    The accident took place at About 10pm on a dimly lit street. There were no flashers or anything letting him know it was there and he drove right in to it. He was not ticketed and the officer agreed it would be the liability of the company that ow...

    Matthew’s Answer

    • Selected as best answer

    Yes, your friend has a claim. The dumpster should have had flashing lights on it, and your friend can pursue the company that placed the dumpster in the street without lights. The claim will include medical bills, lost wages, property damage, and pain, suffering and any resulting disability. Your friend will also have a "PIP" or "no fault" claim against his own insurance company.

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  • This may seem like a odd question. can I file a case towards someone who knowingly gave me a std, basically intentionally?

    Started see ing this guy in the early part of June. went to breakfast once, he initiated first n the only quality time was brief like forty five minutes. only once the encounter was when I met his mother. after the second contact I felt this guy o...

    Matthew’s Answer

    You may have a claim for "battery" if he intentionally exposed you to the STD, or for negligence if it was not intentional. You should contact an attorney right away, especially if you are going to have permanent injuries from this.

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  • Do I have to pay?

    I under went a colonoscopy that went bad. My Insurance paid all but 175.00 and I don't feel as though I should have to pay the remainder due to the surgery problem. How can I do this? Thank You!!

    Matthew’s Answer

    Talk to the hospital administrator. They may be willing to write off the balance given your outcome.

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  • 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.

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  • 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.

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