Frequently Asked Questions
Please call Daniel Stuart on his direct number at (913) 225-8112 for a quote. It is the goal of the Law Office of Daniel E. Stuart, P.A. to provide competent representation for the most economical fee and manner possible.
The American Bar Association defines Collaborative Law as follows: “Collaborative Law or Collaborative Practice is an out-of-court settlement process where parties and their lawyers try to reach an agreement satisfying the needs of all parties and any children involved. The parties agree to provide all relevant information. If the parties engage in contested litigation, their Collaborative lawyers cannot represent them in court. The process typically involves ‘four-way meetings’ with the parties and lawyers and possibly other professionals such as neutral financial specialists, communications coaches, child specialists, or appraisers.”
The type of payment depends on the type of representation the Law Office of Daniel E. Stuart, P.A. is providing you. First, there are contingent fees, which is the legal fee paid (usually a percentage) for legal work upon obtaining a settlement or after a jury of your peers awards you an amount after trial of your case. For example, if you are injured as a result of an auto accident caused by another individual’s negligence or inattentive driving, we would not ask for any payment upfront but a percentage of the settlement or jury verdict on your behalf.
On the other hand, if you need representation on a claim for breach of contract or a domestic/divorce matter, a retainer amount is required up front that will be applied to your representation as time is expended on your behalf. The retainer amount, and any agreed hourly rate paid after the retainer is depleted, can be paid by check, cash, credit card, Apple Pay, Venmo, etc. If you have a payment method that is not listed, please contact our office and we will do our best to accommodate your preferred method of payment.
This is the most important question every person should ask themselves when interviewing a lawyer or law firm for legal representation. Every case we handle requires the cooperation and dedication of both the law firm and the client to obtain the best result possible. At the Law Office of Daniel E. Stuart, P.A., we choose our caseload carefully so that we can provide the attention and time required to properly represent your legal concern, and for that reason we do not accept every client we interview. Schedule an appointment today so we can mutually discuss whether we are the right law firm for you.
The Law Office of Daniel E. Stuart, P.A. most commonly keeps you up to date via email. Additionally, we communicate by text and phone call. The most important consideration we take into account when communicating with our clients is whether the communication can be intercepted and whether the confidentiality of the communication has been waived based on the medium used to communicate with you. For that reason, we like to have face-to-face contact or discuss information about your case on the telephone when providing updates on your representation.
Everyone has a constitutional right to represent themselves so you certainly can attempt to do so. However, remember that lawyers receive years of higher education and training as well as continued training throughout their career in this area of the law. I am asked this question and respond asking whether you think you need a doctor if you do not feel well? You can certainly self medicate, but is that the best choice to make? Certainly not. Representing yourself against seasoned educated claim agents is not a level playing field for a non-attorney when trying to settle your personal injury claim.
Absolutely! You certainly do not want to hire an attorney that does not regularly handle personal injury cases.
If you are injured, seek medical attention as soon as possible. After assessing your injuries – or lack thereof – make sure you obtain the information from the other driver that you will need to provide to the lawyer you retain. Always get their name, address, telephone number, insurance company that insures the car they are driving, the other driver’s license plate number and any names and telephone numbers of witnesses to the accident.
That depends. I always suggest that you discuss your potential claim with an attorney to answer this question.
While I do not believe I have ever been lied to by an insurance adjuster, it is certainly possible. The real question is, “How do I know if the insurance adjuster is lying?” The answer is to hire an attorney who is qualified to recognize untruths or statements that are less than credible. At the Law Office of Daniel E. Stuart, P.A., we have over fifty years of combined experience, including former representation of insurance companies to help prosecute your personal injury claim.
Yes. If you need to have a tooth pulled you can do it yourself, but ask if that’s the best decision or should you consult with a dentist.
Among the leading causes of TBI are falls, motor vehicle crashes and traffic-related accidents, being struck by or against an object, and assaults.
At the Law Office of Daniel E. Stuart, P.A. we move as fast as possible to settle your claim. However, we cannot settle your claim until we know the extent and severity of your injuries. Call us for a free initial consultation to discuss the particulars.
Seek medical attention and call our office at your earliest opportunity so we can preserve and enforce your rights.
Please call Daniel Stuart at his direct phone number (913) 225-8112 or send an email to Dan@Stuartlaw.net. You may also call our main office number (913) 338-4500 to reach any member of the Law Office of Daniel E. Stuart, P.A.
Attorneys receive a Juris Doctor degree after attending several years of higher education, passing a state Bar Examination, and taking continuing legal education classes every year to stay up to date on the areas of law each attorney practices. Unless you have done and are doing the same thing, I highly suggest that you retain an attorney to represent your legal concern. If you need your tonsils removed do you need a medical doctor?
This is a question that is fact specific and each state has statutes that require extensive review before an answer can be provided. The Law Office of Daniel E. Stuart, P.A. constantly reviews the laws that are applicable to this question as well as legal periodicals and practice materials for updates to stay on the cutting edge of custody cases.
The length of time it will take you to obtain a divorce depends on the facts of your case. In Kansas, for example, under certain circumstances the law may provide for an emergency divorce. If there is no statutory authority for an emergency divorce, then the earliest possibility to obtain a divorce from your spouse is sixty (60) days after the date the Petition for Divorce is filed. Please call to schedule an appointment to discuss the facts of your case and obtain an estimate of how long it will take to get a divorce.
Legal Custody means the allocation of parenting responsibilities between parents, or persons acting as parents, including decision-making rights and responsibilities on major issues such as the child’s health and medical treatment, education, etc. There are various types of legal custody, i.e., joint custody, sole custody, and shared custody. In Kansas, it has been the general presumption that both parents should be involved with their children and that they should be granted joint legal custody unless the court finds that it is not in the best interests of the children.
Please schedule an appointment to discuss your case with one of our highly skilled family law attorneys as each jurisdiction and venue may be different. Additionally, not every judge rules the same way on this issue.
The Law Office of Daniel E. Stuart, P.A. provides an initial consultation at no charge and suggest that you contact our office as soon as possible after you are involved in a car accident.
The rules of professional conduct state that an attorney can only charge a reasonable fee. The recognized reasonable fee for the past several years has been 33.3% (generally more if the claim does not settle). However, that fee can change based on the complexity of your case or lack thereof. Please call to discuss your claim so we can properly assess the contingent fee that we would charge.
This question has to be qualified as you have a contractual duty to speak with your insurance company that insures your vehicle. If the insurance company for the driver of the vehicle that caused the accident calls you, you should simply refer them to your legal representative.
The short answer is yes. However, every case is fact dependent and each state has different laws concerning comparing fault between drivers.
The amount of your personal injury settlement or jury verdict is dependent on many factors. At the Law Office of Daniel E. Stuart, P.A., we use our years of experience representing personal injury clients to obtain the maximum amount possible. Remember that your claim can certainly settle, but we are always ready to fight for the maximum amount possible in a court of law.
Each state has different statutes of limitations that apply to your claim for damages.
Premises liability is an action for damages when you are injured on another’s property. Laws and requirements differ between business property and personal property.
Obtain medical attention as soon as possible if you are injured. If you are not feeling any pain requiring immediate medical attention, exchange all information with the opposing driver and file a police report.
- Automobile Accidents (a high percentage of wrongful death claims involve fatalities from automobile accidents);
- Medical Malpractice;
- Workplace Accident;
- Product Liability; and
- Commercial Truck Accidents.