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Questions Answered by David Adams
1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: I live in Missouri and was rear ended on my motorcycle at a red light in Kansas.

The other person’s insurance company did not provide me with a rental and after 14 days they totaled it. I have since lost my job. Is medical part separate or is medical and the accident lumped together?

David Adams
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David Adams
answered on Feb 3, 2024

The other driver's insurance will be liable for your medical expenses, lost wages and pain/suffering damages - including future costs in those categories. It is very advisable that you talk to experienced legal counsel as soon as possible so that you do not short-change any recovery you may be... View More

2 Answers | Asked in Personal Injury and Car Accidents for Kansas on
Q: what happens if someone is riding a motor cycle on the highway and is struck by a power line pole electricuted, boots bl

own off arm burned badly gets attorney turns down first offer of 750,000. then gets murdered before second offer

David Adams
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David Adams
answered on Sep 8, 2023

So long as the statute of limitations has not run on the claim (usually 2 years in Kansas and 5 years in MO), you should still be able to pursue and conclude the claim. A number of possible issues involved in a prior attorneys involvement. That should all be resolvable as part of resolving the... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: When would the statute of limitations begin the date the doctor committed the first act of malpractice

Or if the doctor attempted to cover up his mistake and it was not found until later date would that date be considered the start of the time for limitations?

David Adams
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David Adams
answered on Apr 25, 2023

As a general rule, the two year statute of limitations starts to run from the first day that the injured person could have reasonably discovered that the negligence occurred. If the doctor covered up his negligence, then there is likely a strong argument that the two years does not start to run... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: I broke my ankle going down the stairs at my friends place. Should their insurance cover that?
David Adams
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David Adams
answered on Apr 9, 2023

Their insurance should have to cover if the home owner (or renter) caused some kind of dangerous condition to cause your fall. If the fall was your fault and there was nothing wrong with the stairs, then you would likely not have a cause of action that would make their insurance liable. Best to... View More

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Kansas on
Q: If my license is suspended and I am driving my girlfriends truck when a cop hits me going through an intersection

with only his lights on and no sirens on— who is at fault for property damages and medical bills? The accident was undeniably his fault, but I did receive a must appear citation for driving while suspended- habitual violator.

David Adams
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David Adams
answered on Mar 1, 2023

If the police officer is more than 50% at fault for the collision, then the city he works for will be liable for that percentage of all your damages. Your damages will include medical expenses, lost wages, and pain and suffering damages. The city most likely has some form of insurance to cover this... View More

2 Answers | Asked in Bankruptcy for Kansas on
Q: I bought a car one year ago & never registered it..thinking about applying a chapter 7…I am going to surrender the car

Is it best to surrender the car or do a reaffirm agreement?

David Adams
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David Adams
answered on Oct 8, 2022

You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... View More

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1 Answer | Asked in Car Accidents for Kansas on
Q: If a vehicle is insured but. The person driving it wasn't insured by the insured company, is the insurance co. Libel ks
David Adams
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David Adams
answered on Jul 12, 2022

As a general rule, yes, the insurance company for the car will cover the negligent acts of the driver (even if that driver is uninsured otherwise). The only exception might be if the vehicle was taken without permission, or if the driver was known to be such a poor driver that the owner should have... View More

2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a debt with First Midwest Bank. I now live on SSi only. It is a hardship for me to make this payment. What happen

What happens if I stop paying them. Will they take my SSI

David Adams
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David Adams
answered on Feb 2, 2022

No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and... View More

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1 Answer | Asked in Libel & Slander for Kansas on
Q: Defamation of Character.

I am retired from a ice machine Co. I was told by a former colleague that someone in dispatch was telling customers that requested me to work on their equipment that I was fired. I had not received any termination letter. I had received a retirement card signed by fellow workers and a gift card.... View More

David Adams
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David Adams
answered on Aug 30, 2021

Probably more facts are needed before a good answer can be given. How many times has this been said to customers? Are they saying anything more specific about you, and being fired? What else are they saying about you? Has this affected your good name in the community where you live? Has it... View More

2 Answers | Asked in Car Accidents for Kansas on
Q: I was involved in a head on collision while working should I contact a lawyer

Went to hospital for knee and hip pain.

David Adams
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David Adams
answered on Apr 1, 2021

Yes, you should contact an attorney. You are eligible for damages for lost income, medical bills, and pain and suffering. Your ability to get a fair result with an attorney is significantly higher and should be sought out. There are likely numerous facts about the situation that an attorney can... View More

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1 Answer | Asked in Personal Injury for Kansas on
Q: statue of limitations petition was filed 6 days before limitations and clerk filed with court after statue past
David Adams
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David Adams
answered on Feb 17, 2021

Not clear exactly what happened here. Most all filings are online now, so there is no delay in filing. If you physically dropped off paperwork with the clerk and they did not file timely, that could be a real problem. Currently because of Covid-19 most statutes of limitations are suspended, so... View More

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Kansas on
Q: I was involved in a car accident in September... the other driver got cited for driving on suspended license and

Also got cited for no interlock device in the vehicle.... he was driving someone else's vehicle.

It was an uncontrolled/open intersection.. I got cited for fail to yield the right of way... what are my options.....can't I fight this

Can I sue him or the owner of the... View More

David Adams
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David Adams
answered on Nov 26, 2020

Unfortunately, he would not be liable automatically, but those facts would contribute to having a jury determine that he was, in fact, at fault. Ultimately, it would be up to a jury to place a percentage of fault on each of the drivers. They could determine that the other driver was 90% at fault,... View More

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1 Answer | Asked in Personal Injury for Kansas on
Q: I was passenger of bad wreck and get no compensation while driver does...
David Adams
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David Adams
answered on Oct 16, 2020

Passenger has a clearer claim for damages than a driver - and should be compensated fully for damages. There is potential for recovery from both the driver and the other driver (2 sources) - depending on the facts of the accident

1 Answer | Asked in Car Accidents and Insurance Defense for Kansas on
Q: Yes I was in an accident about 2 weeks ago..well the other drivers insurance company is denying my claim even though

I have police report stating that he was at fault he even admitted it was his fault we both had the same story about what happened and he was parked on side of street we’re he was not suppose to be parking.well after police report was made he suddenly came up with a witness coming up with a... View More

David Adams
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David Adams
answered on Oct 13, 2020

It's not clear if this is an injury situation or just property damage, and the severity in either case. There is a two year statute of limitations in either case. If just property damage, and not much dollar damage, then small claims court might be the way to go (if < $4k). If an injury... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: Uninsured but accident clearly not my fault
David Adams
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David Adams
answered on Jul 19, 2020

You may be limited in claiming pain and suffering damages if you were uninsured, but there are a number of exceptions. Even in a worse case scenario, you can still claim medical expenses (past and future) as well as lost wages (past and future).

1 Answer | Asked in Criminal Law and Personal Injury for Kansas on
Q: I was assaulted by my ex-wife's boyfriend infront of my daughter, breaking my nose. compensation of medical bills?

I was at drop off for my daughter, my ex-wife's boyfriend came (first time he has been there) and punched me in my nose, fracturing it and requiring surgery. We filed charges on each other because he stated I started the fight (Which is untrue), he took a plea deal, and I had my case... View More

David Adams
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David Adams
answered on Jan 22, 2020

You can recover up to $4,000.00 in small claims court to cover your expenses incurred from his actions. you can go online to the county courthouse where this happened and there are forms you can complete to get a case filed and him notified of a hearing. Getting additional recoveries (pain and... View More

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
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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... View 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
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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... View 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
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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... View More

David Adams
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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... View More

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