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Questions Answered by David Adams
1 Answer | Asked in Personal Injury for Kansas on
Q: Is this still True in Missouri? My son is a resident of KS and injured in Missouri. Is he required to subrogate?

His PIP paid $4,000 in medical payments related to his personal injury

David Adams
David Adams answered on Nov 7, 2019

It will likely depend if your son was the owner of the vehicle that was insured and if the policy was his policy. If he was a covered person under his parent's policy, then there is some case law to indicate the med payments do not have to be repaid. If he was the actual insured of a vehicle he... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Kansas on
Q: I was injured while waiting on a bus when 2 vehicles got in wreck. The parts off the vehicles hit me.

The person that caused the wreck delivered to pizzas for Pizza hut but didn't have insurance. Could the insurance from the other vehicle be responsible or pizza hut be responsible since the should be sure the have insured drivers while on duty

David Adams
David Adams answered on Nov 2, 2019

You may have several ways to get a recovery for your injuries. First, yes, Pizza Hut will likely have some liability if their driver was uninsured. Second, if the other vehicle had any fault for causing the accident you may be able to make recovery there. Third, if you owned a vehicle with... Read more »

2 Answers | Asked in Bankruptcy for Kansas on
Q: I have court today for aid in execution. Would it be best to file bankruptcy? Will it stop this?
David Adams
David Adams answered on Jul 19, 2019

A bankruptcy filing would stop the need for a hearing in aid of execution. The bankruptcy attorney would be able to notify the other side of the filing, and keep any further action from occurring whether that be garnishment, attachment, etc.

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2 Answers | Asked in Car Accidents and Personal Injury for Kansas on
Q: 4 days ago i was hit head on by a drunk driver

it toatled my vechicle,and my questions are what should i do about medical problems, for the future. and im without a vechicle until who knows when and, i live 40 miles away from family, and my one son has medical problems, so does her insurance company have to get me a rental, until things are... Read more »

David Adams
David Adams answered on Feb 24, 2019

Best to go through your own insurance first for property damage, if you have the coverage. If not, the other side's insurance may or may not move very quickly to get you taken care of, and may or may not get you a rental. How clear the liability by the other driver will play some part in how... Read more »

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I took a loan on 401K and am paying it back out of check. What happens in chap 7?
David Adams
David Adams answered on Oct 19, 2018

A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset... Read more »

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1 Answer | Asked in Personal Injury for Kansas on
Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

Was helping landowner rid the property of any & all remaining metals (I.E. copper wire/aluminum sheets/anything of value.) in hopes of at least cutting down on the # of people trespassing

David Adams
David Adams answered on Sep 30, 2018

The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Kansas on
Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?

Involved in a slip and fall case where damages including pain and suffering are estimated around 425,000 with two surgeries and severe head injuries. What should I expect to limit punitive damages? The insurance maximums or any other factors?

David Adams
David Adams answered on Sep 1, 2018

Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs... Read more »

2 Answers | Asked in Car Accidents for Kansas on
Q: What can I do if I don't agree to the adjuster's decision about car accident?

I was hit by a car who is coming straight, when turning right at the stop sign. I have seen the car at a far distance but since the speed limit on the road is 35 I thought it takes some time for the car to come and I took a right turn. But the car came with a high speed and he couldn't apply brakes... Read more »

David Adams
David Adams answered on Jul 11, 2018

You will likely have to get a lawyer involved if there are injuries involved. If it is just a property damage situation and your own insurance has not covered your damages, or if you were injured, then a lawyer would be able to get a suit on file and get a deposition and other evidence that can... Read more »

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2 Answers | Asked in Bankruptcy for Kansas on
Q: Our bankruptcy has not yet been closed . We bought land on April 16 , 2018. are we going to be able to keep it.

We filed chapter 7 in July 25th of2017. in Kansas. we received our discharge from our ceditors on Nov 14, 2017. our bankruptcy case has not closed.

we bought land April 16, 2018 and bought used vehicles Dec. 2017 and one in Jan. 2018. Will we be able to keep our land and vehicles or will... Read more »

David Adams
David Adams answered on May 8, 2018

Assuming your source of funds to purchase these items did not consist of hidden funds that existed at the time of the bankruptcy filing, you should be fine. Purchasing assets after discharge but before the formal closing of the case, is not a problem, just so long as there weren't any assets... Read more »

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1 Answer | Asked in Bankruptcy and Collections for Kansas on
Q: If you have a debt that has been sold to a collection agency are you legally bound to pay that debt?
David Adams
David Adams answered on Apr 11, 2018

The very short answer is "yes." Certain rights of collection may be affected by a subsequent owner of the debt, but as a general rule, they step into the shoes of the original holder of the debt and may proceed as if they were the original owner of the debt.

2 Answers | Asked in Car Accidents for Kansas on
Q: I was involved in a head on collision not by fault and wanted to know my rights

Yes I was involved in a head on collision sure accident where I was a passenger and the Yes

David Adams
David Adams answered on Mar 21, 2018

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 »

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2 Answers | Asked in Car Accidents for Kansas on
Q: How much should I settle for with an insurance adjuster for a car accident. My medical bills were over $5000.

I'm from Kansas and was not at fault. I was a passenger. I was not employed at the time.

David Adams
David Adams answered on Mar 19, 2018

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 »

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2 Answers | Asked in Bankruptcy for Kansas on
Q: Is there any advantage to filing for bankruptcy in one state versus another?
David Adams
David Adams answered on Mar 3, 2018

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

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1 Answer | Asked in Personal Injury and Car Accidents for Kansas on
Q: I was hit by a car while in police custody. Do i have a lawsuit?
David Adams
David Adams answered on Jan 22, 2018

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.

1 Answer | Asked in Bankruptcy for Kansas on
Q: Do I use private party or dealer retail to value my car to file a motion to redeem?
David Adams
David Adams answered on Jan 3, 2018

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.

1 Answer | Asked in Bankruptcy for Kansas on
Q: How do I value my car if I want to motion to redeem?
David Adams
David Adams answered on Jan 3, 2018

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.

1 Answer | Asked in Medical Malpractice for Kansas on
Q: Would I be within the statue of limitation for medical malpractice

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 »

David Adams
David Adams answered on Dec 25, 2017

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 »

2 Answers | Asked in Personal Injury for Kansas on
Q: I was assaulted in my room in a hotel. Do I have reason to file a lawsuit?
David Adams
David Adams answered on Oct 29, 2017

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 »

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1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.

Would it be a lawsuit if your doctor prescribes you a medication that is on your files knowing that you are allergic to it and if it is what kind

David Adams
David Adams answered on Oct 11, 2017

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 the time... Read more »

2 Answers | Asked in Personal Injury for Kansas on
Q: I fell at the Dodge dealership and they took me to their Dr. It was brokee and requires surgery Do I have a case?

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 their... Read more »

David Adams
David Adams answered on Oct 10, 2017

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 »

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