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Questions Answered by David Adams
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... 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... 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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2 Answers | Asked in Car Accidents and Traffic Tickets for Kansas on
Q: I got into a car accident 4.5 months ago. How long after the accident do the cops have to ticket me?

Accident wasn't my fault. Someone backed out of off street parking spot and they hit me. I was already behind the person when they put the car in reverse.

David Adams
David Adams answered on Sep 16, 2017

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.

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1 Answer | Asked in Personal Injury for Kansas on
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.

May 2017 an estate was formed. Can I now file a claim against the estate even though the statute of limitations is 2 years in Kansas? Accident was on 2/4/14 not 2/4/16.

David Adams
David Adams answered on Jun 6, 2017

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 »

2 Answers | Asked in Medical Malpractice for Kansas on
Q: Looking into a case against my sons dr. She almost killed him with a misdiagnosis. Can I sue?

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 »

David Adams
David Adams answered on Jun 5, 2017

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 »

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1 Answer | Asked in Bankruptcy for Kansas on
Q: If a house is in my and my brother's names and my brother files for bankruptcy, will that affect my ownership interest?
David Adams
David Adams answered on Apr 28, 2017

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 »

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: So what are the chances that a online payday loan place would sue someone if the loan wasn't paid back?
David Adams
David Adams answered on Feb 7, 2017

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.

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on
Q: Can a online payday loan place take you to court and seize your income tax return garnish your wages mess with your bank
David Adams
David Adams answered on Feb 7, 2017

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 »

1 Answer | Asked in Bankruptcy for Kansas on
Q: Completed Chp 13 and received discharge of debtor letter from court. If need 401k for unexpected things would I be ok?

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 »

David Adams
David Adams answered on Feb 7, 2017

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.

1 Answer | Asked in Personal Injury for Kansas on
Q: What is a no-fault law? Does Kansas have it?
David Adams
David Adams answered on Dec 1, 2016

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 »

1 Answer | Asked in Bankruptcy for Kansas on
Q: Q: I loaned a friend a 1000.00 by paying their Atty. on my credit card. She's now filing bankruptcy. Can she claim this?
David Adams
David Adams answered on Sep 6, 2016

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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