Any Kansas lawyers on here?

[*zap*]

I am in N/E Kansas and in need of a lawyer to talk to or a referral of a lawyer who could be of help to me with a $5000 damage claim against a state agency. I need some guidance and may need to have representation. A 15 minute phone conversation would be a great start and very helpful to me. Obviously I need someone with experience in civil litigation with the state. There is also more here than just the damage claim as they have jerked me around for over a year on a legitimate claim and state law enforcement officer whose negligence was responsible for the damage created a fraudulent incident report/diagram to use as proof the damage did not happen....my claim was initially denied after being ignored completely for 5 months but now they have admitted responsibility due to my photographic evidence refuting the diagram/incident report plus other statements and repair estimates I presented them with and have offered under 2k as compensation.

I need help/advice and my financial situation is somewhat challenging, thanks.

 

[GotDraw?]

Not sure, but if your evidence is rock-solid and they have admitted their fault, it "may" be fastest/cheapest for you to file a small claims action. Then you can act as your own lawyer and save that money. Pay an attorney for an hour of advice, file a claim and then go present your claim.

I can tell you from experience that the minimum it will cost you to hire a lawyer to pursue a legal claim will be $20k (and that is dirt cheap) because they charge $300-500hr (minimum) and they'll have days in it just doing the research and filing the claim, then the state lawyers will file motions and your attorney will have to respond and this will happen multiple times. Then there might be depositions and your attorney will need to prep and travel for those, so that's yet more billable time. Then there is prep for trial and actual trial....

Find out if small claims can work, if so, do it:

• Can the KS small claims court hear the type claim you want to file?
• What is the maximum that KS small claims will allow you to sue for? Some states it may a $5k ceiling, others might be $20k. If it is $1,500, then you have to make a business decision.

Hope this helps!

JL

 

[Will_m]

I don’t know how it works in Kansas, but it normally doesn’t cost you anything as a plaintiff to hire an attorney. They will just take a cut of whatever you recover, if anything.

Your problem is finding somebody that wants that small of a case. $5k is nothing and if it’s property damage, there’s not really any room to drive the value up like a bodily injury claim. All the stuff about them jerking you around isn’t likely going to add any value to it.

Unfortunately on small claims like this it is normally better to take the peanuts they offer and split. Or, if you have the time, litigate it yourself. If it goes to litigation their insurer will pay the $5k just as a cost of litigation settlement likely, regardless of your case.

Disclaimer: this is based on what I know from the Google machines

 

[NB7]

Good advice there^^ from #GotDraw? and #Will_m
Anything under 5K payout is going to likely disappear after paying a lawyer. They probably factored that into their settlement offer, knowing what it would cost you to fight it further

 

[*zap*]

Thanks, Gotdraw?

 

[*zap*]

Ks. is self insured and state law makes small claims court filing against them illegal or so my research shows...I will investigate that more.

 

[Will_m]

Ks. is self insured and state law makes small claims court filing against them illegal or so my research shows...I will investigate that more.

It’s probably something like a tort claims act. Which means it’s not illegal, but the state has only waived its immunity in certain circumstances and if appropriate procedure is followed. Basically, it keeps people from being able to sue the state unless they have a lawyer.

 

[*zap*]

There is a way to take disputed lairs to the legislators. I just have a big problem with being screwed around and law enforcement filing fradulent documents...very difficult for me to accept a few thousand under what the repair estimates are. KS. Small claims limit is 4k.

 

[dieselchessy]

Do you not have insurance?

 

[*zap*]

Not for what happened.

 

[Trackerbacker]

Not for what happened.

I may be oversimplifying it, but why not go after the law enforcement agency AND the officer?

In this case....armchairing from my toilet....

The state admitted fault. The officer was fraudulent in reporting, so has probably weakened his immunity defense. I'd go after the agency and the officer over the state with what we know.

Without knowing the circumstances, been through similar ish situations, with decent success.:

Summary:
15 years prior to my purchase, Developer A roughed developed 20 acres. Based on their designs etcetera retention ponds were built, roads put in etcetera.

I buy some land that's a PUD zoning. City provides as-builts for the infrastructure. As-built 1-way off. AB2, way off. AB3 way off. Screw it, tell my guys to dig up the entire frontage. Find all the infrastructure. Find out some infrastructure was not there thst was on all 3 incorrect as built.

That's a Friday. Cooled off over the weekend. Monday morning, City calls on who to send the bill to...for what?...for sending out billable employees for the infrastructure issues.

Game on. This was a $50k issue I was going to let slide (the scale allowed $50k to be mitigated without much harm, but still harm)

So, eff em. Named the city-the engineer company the city hired for as-builts, and the city engineer (only cause he was who called re:bill).

Next thing I know-city wants me to remove silt runoff from pond or they will revoke my permits. The pond that's not part of my PUD, my purchase, or project scope. Strong arm tactic.

Well, they let the cat out of the bag. If all was kosher within reason, the pond shouldn't have those issues. I forward this to environmental agencies and simply respond to the city I will not, and the project will not stop, you can sue me if you want.

Eventually they backed down, and I recovered losses and additional $ via the city's insurance.

It wasn't necessarily an uphill battle, what it is more so is sometimes just telling them to go f themselves and continued aggression.

What's the story or damage? For $5k, and their counter of $2k, I'd jump to $3k counter and settle-move on...unless it's personal hahaha

 

[def90]

Contact your local state reps? Depending on who they are sometimes they can put the screws to the agency.

 

[Trackerbacker]

maybe your state AG has links/references/etc for help? or like @def90 said, since its cops, maybe find the closest anti cop legislator and take it to them? leverage the state against itself

 

[*zap*]

ag has no jurisdiction over state agencies, the gov's office has jurisdiction and yes the officer may loose qualified immunity. Getting appointments with state reps right now ...This has been an interesting experience.

Lots of good suggestions, thanks.