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FREQUENTLY ASKED QUESTIONS
| Q. If I receive injuries because of the negligence of someone whether an automobile accident or otherwise, how long do I have in order to file my claim with the court? |
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There are exceptions, but generally an injured party has 2 years from the date of the accident within which to file a lawsuit to recover damages in the State of Kansas. If you are an employee and are injured in the course of your employment you may file a Worker's Compensation claim. The time limits for these claims vary, but generally you have at least 200 days from the date of the accident within which to file a Worker's Compensation claim.
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| Q. What kind of damages am I entitled to if I am injured by the negligence of another person? |
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Damages recoverable for personal injury in Kansas courts include pain, suffering and personal disability and disfigurement; mental anguish, loss of income; damage to property; loss of consortium (service of a spouse); medical bills and expenses. These damages are recoverable from the date of the accident and under certain circumstances, for the rest of your lifetime should you be suffering from a permanent impairment or injury. In Kansas there are limits to non-economic damages such as pain and suffering, emotional harm and mental anguish. Insurance coverage held by the wrong doer will greatly impact you ability to recover damages.
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| Q. What is negligence? |
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Negligence is the breach of the duty of due care. Everyone in our society owes everyone else a duty to refrain from causing harm, damage or injury to that person by virtue of their careless or negligent conduct.
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| Q. What is the difference between a misdemeanor and a felony?
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A misdemeanor is a lesser offense, usually punishable by fine or incarceration in the Local County or Municipal Jail. Felony cases are more serious and provide for punishment by fine or imprisonment within the prison system.
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| Q. If I am arrested, how do I get out of jail and what is bond? |
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If a person is arrested, an appearance bond is set. The bond is in an amount comparable to the crime charged and is based on the court's determination of the likelihood that you will appear in court. If the charge is serious and you do not have substantial ties to the community and there is information that you might flee from the charges, a higher bond will be set.
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Initially, your attorney should assist you in reducing your bond or obtaining the services of a bondsman in order that you be freed from incarceration immediately after arrest.
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| Q. How long may I spend in my free initial consultation with a lawyer in your firm? |
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The initial consultation is not for any set time, but is rather a reasonable time in which you have to explain your matter to our firm and to give us the time to explain your rights and our analysis of your case. You may retain our firm any time during the process or after your consultation, based on a fee arrangement to be made between yourself and the law firm. Our firm has the right to decline your representation just as you have the right to hire a lawyer of your own choosing. You are not obligated to hire a lawyer simply because he has allowed you a free consultation.
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| Q. How do courts decide property division in a divorce case? |
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The law requires that property division in a divorce case be fair and equitable. This does not necessarily mean equal. The circumstances of each case will govern what is equitable in property division including awards of alimony and maintenance.
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| Q. On what basis does the court decide custody of children? |
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The guiding principle in all custody cases in the State of Kansas is "what is in the best interest of the minor child". This means that the court will look primarily to what is best for the child rather than what is convenient or desired by either parent.
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| Q. What is the difference between maintenance, alimony and child support? |
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Maintenance and alimony are the same thing. Maintenance is the amount of the money awarded by a court to a spouse to be paid by the other spouse.
It is generally paid based upon length of marriage, earning capacity and income, health and other factors. Child support is based upon child support guidelines issued by the State of Kansas. These guidelines set a reasonable amount of child support based upon several factors, including a schedule which calculates child support based upon the total family income from both parents, the needs of the child and the age of the child.
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Miller Law Firm Fee Schedule Guidelines
The following fee schedule guidelines may be modified or adjusted according to the particulars of your case and your financial circumstances.
I. FEE SCHEDULE GUIDELINE CONTINGENCY FEE CASES
II. HOURLY RATE CASES
| J. Douglas Miller, #08421 | $200.00 per Hour |
| Derek W. Miller, #20616 | $180.00 per Hour |
III. MINIMUM ATTORNEY FEE RETAINERS:
| DUI 1st offense | $1,500.00 flat fee, not including appeals |
| DUI 2nd of more offense | $2,500.00 retainer, billed hourly |
| Misdemeanor criminal case | $1500.00 retainer, billed hourly |
| Felony Criminal | $2500.00 retainer, billed hourly |
| Aggravated felony or serious drug felony | $5,000.00 retainer, billed hourly |
| Capital felony | $25,000.00 retainer, billed hourly |
| General civil case | $2,500.00 retainer, billed hourly |
| Divorce |
| No children, minimum assets | $1,500.00 retainer, billed hourly |
| No children, substantial assets | $2,500.00 retainer, billed hourly |
| With Children | $2,500.00 retainer, billed hourly |
The client will receive a refund if the retainer/hourly cases are concluded before the retainer fee is exhausted. Each client will receive an itemized billing. In the event a retainer/hourly billed case exceeds the amount of the original retainer, the client will
receive a monthly bill for additional charges
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