Questions Answered by David Adams

Q: 4 days ago i was hit head on by a drunk driver

1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Answered on Feb 24, 2019
David Adams' answer
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 quickly they work with you. If there are injuries, your own car insurance will cover the first $4,500.00 of your medical expenses, and future costs, etc. will be covered by the other driver's insurance...

Q: I took a loan on 401K and am paying it back out of check. What happens in chap 7?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Oct 19, 2018
David Adams' answer
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 to pay off the loan.

Q: Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?

1 Answer | Asked in Personal Injury for Kansas on
Answered on Sep 30, 2018
David Adams' answer
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 injury. I'd be more than happy to discuss the matter further.

Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?

1 Answer | Asked in Personal Injury and Civil Litigation for Kansas on
Answered on Sep 1, 2018
David Adams' answer
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 to be proven, and if, somehow, the jury found the fall was 50% your fault and 50% the owner of the property, then there would be $0 recovery - so be very careful to get good legal help in the process.

Q: What can I do if I don't agree to the adjuster's decision about car accident?

2 Answers | Asked in Car Accidents for Kansas on
Answered on Jul 11, 2018
David Adams' answer
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 help get the outcome you need. In Kansas, the other driver will need to be at least 51% at fault in order to get some recovery. If total damages are less than $4,000.00 then you may go to small claims...

Q: Our bankruptcy has not yet been closed . We bought land on April 16 , 2018. are we going to be able to keep it.

2 Answers | Asked in Bankruptcy for Kansas on
Answered on May 8, 2018
David Adams' answer
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 undisclosed in the bankruptcy when you filed.

Q: If you have a debt that has been sold to a collection agency are you legally bound to pay that debt?

1 Answer | Asked in Bankruptcy and Collections for Kansas on
Answered on Apr 11, 2018
David Adams' answer
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.

Q: I was involved in a head on collision not by fault and wanted to know my rights

2 Answers | Asked in Car Accidents for Kansas on
Answered on Mar 21, 2018
David Adams' answer
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 potential insurance coverage, you are almost always going to better off getting legal help on your case sooner than later. As a passenger, you should have several different insurance avenues of...

Q: How much should I settle for with an insurance adjuster for a car accident. My medical bills were over $5000.

2 Answers | Asked in Car Accidents for Kansas on
Answered on Mar 19, 2018
David Adams' answer
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 unrepresented. Insurance companies are pretty good at not paying anything more than they have to, and they often are very unwilling to give a fair value (it seems especially to the unrepresented.)

Q: Is there any advantage to filing for bankruptcy in one state versus another?

2 Answers | Asked in Bankruptcy for Kansas on
Answered on Mar 3, 2018
David Adams' answer
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

Q: I was hit by a car while in police custody. Do i have a lawsuit?

1 Answer | Asked in Personal Injury and Car Accidents for Kansas on
Answered on Jan 22, 2018
David Adams' answer
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.

Q: Do I use private party or dealer retail to value my car to file a motion to redeem?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 3, 2018
David Adams' answer
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.

Q: How do I value my car if I want to motion to redeem?

1 Answer | Asked in Bankruptcy for Kansas on
Answered on Jan 3, 2018
David Adams' answer
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.

Q: Would I be within the statue of limitation for medical malpractice

1 Answer | Asked in Medical Malpractice for Kansas on
Answered on Dec 25, 2017
David Adams' answer
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. It will be necessary to find a physician who can review the case and give a formal opinion that what the other doctor did constituted malpractice.

Q: I was assaulted in my room in a hotel. Do I have reason to file a lawsuit?

2 Answers | Asked in Personal Injury for Kansas on
Answered on Oct 29, 2017
David Adams' answer
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 extent of the injury will also have an impact on the feasibility of an attorney taking up the matter against the hotel.

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.

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Answered on Oct 11, 2017
David Adams' answer
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 and expense of a lawsuit. In any case, notifying the state board of hearing arts would be one way to document the failure of care, and put the licensing people on notice that there is a bad doctor out...

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?

2 Answers | Asked in Personal Injury for Kansas on
Answered on Oct 10, 2017
David Adams' answer
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. There may very well be a case for you to pursue, it just depends on all the facts. I'd be more than happy to go over the matter in more detail with you.

Q: I got into a car accident 4.5 months ago. How long after the accident do the cops have to ticket me?

2 Answers | Asked in Car Accidents and Traffic Tickets for Kansas on
Answered on Sep 16, 2017
David Adams' answer
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.

Q: Badly injured in a car accident on 2/4/16. Driver died on 2/5/14. There was no estate to file a claim against.

1 Answer | Asked in Personal Injury for Kansas on
Answered on Jun 6, 2017
David Adams' answer
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, so not clear on the time frame. Happy to consult further if you'd like.

Q: Looking into a case against my sons dr. She almost killed him with a misdiagnosis. Can I sue?

2 Answers | Asked in Medical Malpractice for Kansas on
Answered on Jun 5, 2017
David Adams' answer
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 handles medical malpractice cases. There is a two year statute of limitations in Kansas.

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