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Kansas Questions & Answers
1 Answer | Asked in Traffic Tickets for Kansas on
Q: I just got a 4th driving while suspended.im a habitual.im self employed and have to drive for work. What will happen
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Being issued a license to drive and driving on state and federal highways is a privilege, not a right. You can lose that privilege if you are a habitual offender and the state revokes your license. Being self employed, or needing to drive for work is not a defense to habitual offenses. Any... Read more »

1 Answer | Asked in Insurance Bad Faith and Bankruptcy for Kansas on
Q: My insurance company filed bankruptcy and left me with a $22,000 bill. The Receivership denied my claim

Because the hospital failed to provide information in a timely manner. What should I do?

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... Read more »

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... Read more »

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... Read 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... Read 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 for Kansas on
Q: I've been served papers for a car wreck from 2017 and looking to get support for video court

It says it's a default case and I do not remember being served the papers in 2019

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2023

A Kansas attorney could advise best, but your question remains open for two weeks, and it looks like time is of the essence in your handling of the matter. No one here could evaluate the validity of the service based on your recollection - it would come down to affidavits from the process server... Read more »

1 Answer | Asked in Criminal Law for Kansas on
Q: In Kansas City, Kansas, is it illegal to say "George Washington" without saying "blessed be his name" afterwards?
John Michael Frick
John Michael Frick
answered on Mar 31, 2023

There is an old city ordinance which has not been enforced in Kansas City in a very long time that provides for a fine of fifty cents if you do.

One of the reasons many elected officials promote "Sunset" laws is that originally laws, ordinances, and regulations were passed with no...
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1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: bad faith insurance

my car was stolen in august and recovered 3 days later. i had comprehensive coverage and never recieved a rental and it took 6 months before they finally accepted the claim. i havent been able to work for those 6 months and during EUO the documents they showed me had been alterd. can i sue for all... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2023

A Kansas attorney could advise best, but your question remains open for three weeks. If the alterations you mention were material to the processing of the claim, that could be bad faith. EUOs are conducted under oath and they should reflect the facts without material alterations. One would need to... Read more »

1 Answer | Asked in Federal Crimes for Kansas on
Q: Why would they(US MARSHALL'S take someone from Missouri straight to usp Leavenworth without charges been filed
James L. Arrasmith
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answered on Mar 19, 2023

The US Marshals Service is responsible for various law enforcement activities, including apprehending fugitives, protecting federal officials, and transporting prisoners. If someone is taken into custody by the US Marshals, they may be transported to a federal prison, such as the United States... Read more »

2 Answers | Asked in Bankruptcy for Kansas on
Q: I am a 73 year old woman with over $30,000 in credit card debt. If I file chapter 7 do I have to file on every card?

I get social security and a small monthly pension. I live with my daughter, so no personal property other than my clothes and my car. I can pay payments and pay to keep my Menards card and my 2 Bank of America cards. Most of this debt happened when I had to have extensive dental and medical... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2023

If you file a voluntary bankruptcy petition, you will be signing Schedules of ALL your assets and debts, under penalty of perjury. So yes, you must "file" on every debt you have at the date you file for bankruptcy relief.

That said, you have the option to reaffirm any otherwise...
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1 Answer | Asked in Contracts, Banking, Estate Planning and Family Law for Kansas on
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need 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... Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: I purchased a car on 1 31 2023 and I had to get full coverage insurance to get the car off the lot I was involved in an

Accident and now they are saying that I don't have full coverage they only charging me for liability How can I fix this problem I haven't had a vehicle for 2 weeks now and where my car is at in the tow lot they are saying I am liable for the damages or the storage please could you help me... Read more »

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Read the terms of your insurance policy and your premium invoice. If you have full coverage, or if you paid for full coverage, you may be able to sue your insurance company.

If not, you may be able to sue your insurance agent for not obtaining full coverage despite your instructions to do so.

2 Answers | Asked in Immigration Law for Kansas on
Q: Is my F-1 status in danger?

Hi. I am on F-1 visa. I was investing in stocks and crypto last year and had noticed that I had more than 4 trades per week (around 15) on one or two occasions. However, for the rest of the year I maintained less than 4 trades per week. Does this mean my F-1 status is in danger?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

As a student on an F-1 visa, you are generally allowed to engage in certain employment activities, including on-campus work, Curricular Practical Training (CPT), and Optional Practical Training (OPT). However, there are restrictions on the types of employment that you can engage in while on an F-1... Read more »

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2 Answers | Asked in Immigration Law for Kansas on
Q: Is my F-1 status in danger?

Hi. I am on F-1 visa. I was investing in stocks and crypto last year and had noticed that I had more than 4 trades per week (around 15) on one or two occasions. However, for the rest of the year I maintained less than 4 trades per week. Does this mean my F-1 status is in danger?

James L. Arrasmith
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answered on Feb 26, 2023

F-1 students are generally permitted to engage in certain types of employment and business activities while maintaining their status, but the rules regarding these activities can be complex and it's important to ensure that you are in compliance with the regulations.

According to the...
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1 Answer | Asked in Child Support and Family Law for Kansas on
Q: If my ex moves to Arkansas where I live, shouldn’t the support order end for Missouri?

My ex girlfriend filed for support in Missouri. Before the case was ordered, she moved here to Arkansas so my son could be closer to me. Shouldn’t that end the support order in Missouri?

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

No. Under the Uniform Child Custody Jurisdiction Act, if Missouri had jurisdiction when the case began, it continues to have jurisdiction until a final order is entered.

Once a final order is entered, under the Full Faith and Credit Clause of the US Constitution, any other state must give...
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1 Answer | Asked in Trademark for Kansas on
Q: I want to sell handmade goods such as jewelry, clothes, art, etc. under my brand. What class do I choose to trademark?

All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 12, 2023

Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for Kansas on
Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.

The mortgage is only in my husband s name

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 6, 2023

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the...
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1 Answer | Asked in Employment Law for Kansas on
Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?

I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... Read more »

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