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.
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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.
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 the time...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 their... 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 »
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