Best Litigation Attorneys in Overland Park

FAQs

• What is the non-emergency contact number for the local police station in Overland Park, Kansas?

  The non-emergency contact number for the local police station in Overland Park is 913-895-6300 (option 3).

• Where can I get a copy of police reports for incidents related to my case in Overland Park, Kansas?

  You may get a copy of a police report in Overland Park by sending an email to oppdrecordsrequests@opkansas.org or by visiting the Police Records Section at the Overland Park Police Department, 12400 Foster Street between 8 a.m. to 4:30 p.m., Monday through Friday. You may contact them at 913-327-6881 (option 0).

• What standard does Overland Park use in determining if an expert witness is qualified or not?

  The courts in Overland Park allows expert witnesses to give testimonies or opinion over medical malpractice cases. The state of Kansas observes the Daubert standard, which is the criteria trial judges use to see if an expert witness is capable and certified to provide the court with scientific testimony based on valid reasoning.

• How long can you expect the litigation process for a medical malpractice case in Overland Park?

  The duration of medical malpractice litigation in Overland Park will depend on the complexity of the case. Generally, less complicated claims take 30 days to 6 months as insurance companies are given time to investigate. However, if a case goes to trial, it may take one to three years to finish.

• What are the standards for proving a breach of contract during court litigation in Overland Park?

  If you filed for a breach of contract case in Overland Park, you and your legal team will have to prove five elements. The first element is to determine if there is an existing contract between the parties. The second is if there is sufficient understanding to support the contract. Another element is the plaintiff's willingness to perform or comply with the contract. The fourth element is the defendant's breach of the contract, as well as the direct effects it had on the plaintiff.

• What are punitive damages, and how much punitive damages can you receive in an Overland Park personal injury trial?

  Punitive damages are a punishment for the at-fault party in a personal injury case in Overland Park. They are meant to deter others from participating in the same conduct and gross negligence. If you are a plaintiff and suffered grave injuries from a negligent act, you may be awarded as much as the highest gross annual income of the defendant in the past five years, or the court can grant up to 50% of the defendant's net worth.

• How can your lawyer prove your medical malpractice claim in Overland Park?

  If you were a victim of medical malpractice in Overland Park, your lawyer should gather as much substantial evidence as possible to support your claim. Medical records such as MRI, CT-scan results, and laboratory tests will be needed. Expert witnesses will be called in and may give opinions and insight on the case.

• What does a litigation attorney do?

  Litigation attorneys offer comprehensive legal representation before, during, and after litigation—aka the lawsuit. They provide initial consultations, investigate legal issues, draft pleadings, and oversee the discovery process. While litigators often are responsible for negotiating settlements and keeping cases out of court, their main job is presenting facts to a judge or jury at trial. Litigation attorneys also handle appeals and post-trial motions.

• Can an individual or business go to court without a litigation attorney?

  Generally, it’s possible to go to court without hiring a litigation attorney. In fact, lawyers are prohibited from practicing in some small claims courts. However, other cases are nearly impossible to prove without professional assistance. These include medical malpractice claims, wrongful death lawsuits, complex real estate disputes, and employment law cases. When assessing the feasibility of pro se representation, or representing oneself, individuals and businesses should evaluate their ability to develop a strategy, prepare legal documents, and present their case effectively. To prevail, plaintiffs must have a complete understanding of the law, local rules of civil procedure, and the facts of the case.

• What’s the difference between a lawyer and a litigator?

  Litigators, also called trial lawyers, are attorneys who present cases in the courtroom before a judge or jury. They may represent plaintiffs or defendants, including individuals and companies, in civil matters. Litigators investigate lawsuits, facilitate the discovery process, and prepare legal documents. While they may negotiate settlements, they’re equipped to take each case to court to achieve the best outcome for their clients.

• What’s the difference between a lawsuit and litigation?

  A lawsuit is a formal legal action that begins when the plaintiff files a complaint with the court. Litigation is a broad term that describes the entire process of resolving a dispute from sending notice of intent to sue, through pretrial preparations and beyond. It also includes settlement negotiations, courtroom proceedings, and appeals.

• What’s the difference between arbitration, mediation, and litigation?

  Arbitration, mediation, and litigation are three of the most common methods of resolving legal disputes. With arbitration, a case is heard by a panel of individuals called arbitrators who function as judges. In most cases, the parties are bound to the outcome. Mediation is typically a nonbinding process where discussions are facilitated by a single intermediary called a mediator. With litigation, a case is heard in a courtroom before a judge and jury, which is the most costly and time-consuming option, so it’s best suited for disputes that can’t be worked out using alternative methods.

• What is a civil lawsuit?

  A civil lawsuit is a court-based legal dispute between two parties that seeks court intervention and does not include punishment for a crime. While most civil lawsuits seek monetary compensation, they may also involve the pursuit of court action, such as a cease-and-desist order or an injunction. Since the majority of civil lawsuits are settled out of court, the process of pursuing a lawsuit usually begins with negotiations between the two parties. Any lawsuits that are not resolved through a settlement may go to trial and are decided by a judge or jury.

• What is a civil litigation lawyer?

  A civil litigation lawyer is a trial lawyer or litigator who specializes in handling all of the procedures involved in filing a civil lawsuit. Litigation is the process of resolving legal disputes between two parties, including before, during, and after a civil trial. A civil litigation lawyer may represent the person filing the lawsuit or the person being sued.

• What is a pre-litigation attorney?

  Because most civil lawsuits are resolved between the two parties, a pre-litigation attorney is any civil litigation attorney that can facilitate negotiations or a settlement prior to any legal action being taken. Some disputes may be settled through mediation, arbitration, or agreements and don't require any further legal action after a settlement has been reached.

• What does a commercial litigator do?

  A commercial litigator is a civil litigation attorney who specializes in disputes that involve companies rather than individuals. Commercial litigation is usually much more complicated than legal disputes between individuals and typically filed in the federal rather than the state court system. Commercial litigators also handle employment disputes between companies and individuals who are workers.

• How can I file a lawsuit against a company?

  Although you could file a lawsuit on your own, it's better to consult with a civil litigation attorney that's experienced in resolving disputes and negotiating settlements. The first step in filing a lawsuit should involve communication with the company in an attempt to reach an agreement. An experienced attorney is in a better position to reach a settlement that's in your best interest. Because lawsuits involve numerous steps, including filing motions, discovery, and other legal proceedings, you are better off working with an experienced professional rather than attempting to navigate the legal system on your own.