Kansas has a 2 year statute of limitations - so a case must be settled or a lawsuit filed within 2 years or you would be able to recover nothing otherwise. You are entitled to medical expenses, lost wages and pain and suffering damages. Depending on the extent of your injuries and the amount of...Read more »
You are allowed to recover pain and suffering damages above and beyond the medical expense. The exact amount is very hard to pin down - depends on many factors and the facts of the case. A good lawyer will generally be able to get that number set well above what you can get out of them if you are...Read more »
You will be limited in which state you are eligible to file based on time of residency, but, yes, some states are much better to file in than others. Kansas is a state with better exemptions for property you may own than many others, especially compared to Missouri
If you were not driving and another hit you negligently, then yes, you do have a claim against the negligent driver. There is a two year statute of limitations in Kansas, and you amount of recovery will be dependent on the extent of your injuries.
Generally you start with dealer retail, but if it went to a hearing you would be able to reduce that amount by various factors including mileage, damage, wear and tear, etc. So ultimately again, the final number is negotiable to some degree.
Generally blue book value is used, though ultimately other factors can be considered. There are some companies out there that will lend you the money for the redemption, so the car can be purchased for a more reasonable, post-bankruptcy loan amount.
My surgery was October 9, 2015, the surgeon stated it could take up to a year for the nerve to be healed and feeling come back to my leg. In October 2016 an Emg test was done showing Denerevation at the L5 level and foot drop. A 2nd opinion by another Neuro surgeon stated that if I had non of the... Read more »
There is only a two year statute of limitations in Kansas. This date can be considered to run from the date that you were first able to discover that malpractice had been committed. There might still be some time left to get a case on file in your case. Please consult an attorney immediately....Read more »
Maybe. A suit against the hotel would have to show that the hotel breached some duty to keep you safe. This can be shown in various ways, and would be highly dependent upon your particular facts and the situation of the hotel and how they handled issues regarding safety of their guests. The...Read more »
The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify...Read more »
It is a right radial intraarticular fracture involving surgery on this Wednesday, involving a plate and screws and physical therapy, that's just the beginning. I have pics, I was wearing tennis shoes. And they insisted I see their Dr. Their Hr guy took my name and their courier took me to... Read more »
You have a case if the dealership was more than 50% responsible for your fall. The fault finding would ultimately be up to a jury, but you can get a settlement if the adjuster agrees about the fault assessment. I would be interested to know about all the facts that led up to a caused the fall....Read more »
technically, the charges can come through quite a while after an event, but practically, if you don't get a ticket within a day or two, or at most a week, you are not likely going to get one. From the facts you mentioned, it doesn't sound like you should get any ticket in any case.
Unless you were a minor at the time it occurred, there is generally only a two year window to get a case filed (either against the individual at fault or his/her estate). Any delay beyond that is likely going to be a bar against getting any recovery. Your question mentions 2014 and 2016 as dates,...Read more »
Took my son to dr for sick visit, dr on call diagnosed him as a fussy baby. He actually was dehydrated and had super rapid heartbeat, she sent us home. 2 days later life flighted to Childrens Mercy with multiply organ failure and almost died. He has SVT, diagnosed by Cardio dr. Happened Nov 2015,... Read more »
Liability will depend on what the original doctor should have been able to diagnose, and what effect the delayed diagnosis had on the eventual problems your son developed. These cases often require review from another medical expert in the field. You can contact my office or another attorney that...Read more »
It might affect your ownership interest. If there is equity in the property and you both own the house 50/50 the bankruptcy court may take over his 1/2 interest and require that the property be sold (and split the proceeds); that or have you buy out your brother's interest by paying into the...Read more »
Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.
Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing...Read more »
I filed a chapter 13 bankruptcy in the western district of Missouri. I have completed my plan and my trustee submitted the completion of plan payments with the court and already stopped wage garnishments. I also have already received my discharge of debtor letter from the federal court. I need to... Read more »
Once you have your discharge you are good to go as far as getting a 401(k) loan (or other loan for that matter). Wisdom may indicate not taking a loan against your only retirement account, but legally it is allowed.
This usually refers to an insurance company having to pay benefits regardless of who is at fault. It usually comes up when your own car insurance policy is required to pay at least the first $4,500 of your medical expenses, regardless of who is at fault. In Kansas these are referred to as PIP...Read more »
Unfortunately, she probably can claim the debt in her bankruptcy. You can still file a proof of claim in the case, and if somehow she has some property that the bankruptcy court takes over, you might get some part payment of the debt. I wouldn't hold my breath, but it never hurts to file the...Read more »
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