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Kansas Personal Injury Questions & Answers
0 Answers | Asked in Landlord - Tenant, Personal Injury and Environmental for Kansas on
Q: Mold toxicity and eviction

We (my wife and I) have been living in this house for 13 years now. Since we first moved in, we have always had issues with mold, heating, cooling, rodents and even feces coming out of the ceiling and floor. For years First Fey Homes would send maintenance to our residence and even on the few... View More

2 Answers | Asked in Contracts, Copyright, Personal Injury and Real Estate Law for Kansas on
Q: what can be done ?My family was never informed of a Trust 43 years ago. Tax Exempt ERISA plan

Breach of Fiduciary duty and through Child support involuntary Bankruptcy Stole the Assets and DOL FOIA refuses to give me the info I requested

Anthony M. Avery
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answered on Oct 29, 2024

If the Bankruptcy Trustee and Child Support took the assets, then there is no corpus and no trust. Apparently you have already discovered everything that is needed to know.

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Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: while riding bicycle home I didnt see cut limbs over sidewalk, wrecked and broke shoulder, who is responsible? case?

I was riding home in the dark, with proper lighting. it was a city sidewalk that had a pile of cut limbs between the street and sidewalk. the pile was hanging half way over the sidewalk, by the time I seen them it was too late. i hit the pile and ended up wrecking, seperating my shoulder in the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your accident and your injuries. To answer your question, an attorney would want to know more details about the setting - local regs about bicycles on sidewalks, lighting, your speed, measures... View More

1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: What is a settlement agreement and release between me and the tort fund meaning if I have to sign soon
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

A Kansas attorney could advise best, but your question remains open for a week. No one here could meaningfully advise you about signing a release or any other forms without seeing them. If you have an attorney, please review the forms with them and seek their advice on anything you are unclear... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: I am trying to figure out if I have a case and just need an expert opinion.

My son was injured when he fell 25 feet out of a tree while helping a friend trim branches on his friend's property. He broke his hip and shattered his ankle. He was not being paid nor was he hired by his friend. He was using his own equipment - rope, harness, and chain saw. Right now we... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm very sorry for your son's injuries. It is not unusual for the carrier to be dismissive of your claim at the outset - and it could be difficult to predict which way the case could go without having... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: 1099 - Injury claim in Kansas What are my options ?
Tim Akpinar
Tim Akpinar
answered on May 9, 2024

A Kansas attorney could advise best, but your question remains open for a week. It looks like you are an independent contractor capacity - it could depend on who caused your injuries, what insurance coverages you have, and other factors. Good luck

1 Answer | Asked in Health Care Law, Personal Injury and Workers' Compensation for Kansas on
Q: Can my health insurance carrier legally compel me to file a workers compensation claim for my workplace injury in Kansas
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Health Care Law for Kansas on
Q: Is anyone taking Abilify cases anymore?

My husband has been on Abilify for 20 years. He recently found out that Abilify could cause compulsive behaviors e.g., gambling and compulsive shopping. He changed medications about a month ago and quickly started to see the differences. The urges were gone, and he was able to admit to his... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You would probably need to research online and reach out to law firms. Product liability firms that handle cases involving medications generally advertise the... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

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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

1 Answer | Asked in Employment Law and Personal Injury for Kansas on
Q: My wife had a stroke at work and no one called 911 or called me to advise there was a problem communicating with her.

Her stroke is severe. Affected mentally.

T. Augustus Claus
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answered on Jan 4, 2024

In situations where an employee experiences a medical emergency at work, employers are generally expected to take prompt and appropriate action. Failure to call for emergency medical assistance or notify family members could potentially be considered a violation of duty of care or negligence.

2 Answers | Asked in Personal Injury and Car Accidents for Kansas on
Q: What if you have a complaint against your lawyer who can you talk to

I settled my case and my lawyer kept talking about Medicaid Medicare and I kept telling him that I was not on a government assistant program so now that my case is settled he's telling me that since he talked to the insurance company they said they had a lean on me and I told him that that is... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

The Attorney is warranted to obtain a written clearance.

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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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2 Answers | Asked in Personal Injury for Kansas on
Q: can an employer blame a new injury on an old injury
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

This is common. I covered this issue in an industry trade magazine in an article, "Who Caused Your Injury?" The setting was a Fifth Circuit case involving a chief engineer on a 103-foot towing vessel. But the general principle could arise in many settings.

"WHO CAUSED YOUR...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Kansas on
Q: For almost a year, my apartment complex has not fixed the gate at our complex. Are they liable for my stolen car?

When I applied for a lease at my "gated" community apartment complex, they had a working gate where a fob or a number code was needed to get in. When I moved in, the gate was removed for repairs and has not been replaced in about a year. Recently, my car was stolen. The apartment has... View More

T. Augustus Claus
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answered on Jul 7, 2023

Property owners have a duty to maintain a reasonably safe and secure environment for their tenants. If it can be demonstrated that the apartment complex failed to fulfill this duty by not repairing the gate, not fixing the cameras, and not notifying tenants of known vulnerabilities, they may... 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 Medical Malpractice and Personal Injury for Kansas on
Q: My mom had a hysterectomy and surgeon perforated her small bowel. She went septic. Could this be malpractice?

My mom had a hysterectomy and the surgeon perforated her small bowel . Afterwards she went septic and into organ failure. She has had multiple surgeries and is leaking bile . Could you please advise ? Thank you

Joel Gary Selik
Joel Gary Selik
answered on Apr 8, 2023

Yes, it could be malpractice. Perforation of the bowel can happen with, or without malpractice. A perforation alone does not indicate malpractice.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to...
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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

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