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David Adams

David Adams

  • Bankruptcy, Personal Injury, Medical Malpractice
  • Kansas
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Summary

20+ years experience handling bankruptcy (Ch 7 & Ch 13), and personal injury (auto accident, slip and fall, malpractice, other negligence) cases. BBB accredited, friendly, professional representation. History of excellent trial and jury verdicts. Highly reviewed and recommended by Google and Yahoo users. No history of any ethical complaints or sanctions. Member of the Kansas Bar Association, Johnson County Bar Association and Christian Legal Society.

Practice Areas
  • Bankruptcy
  • Personal Injury
  • Medical Malpractice
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
    Most injury/accident cases are handled on a contingency fee basis; fee percentages will be determined based on complexity of the case, and any complicating liability factors; all other cases are either flat fee or hourly
Jurisdictions Admitted to Practice
Kansas
10th Circuit
Education
University of Kansas School of Law
J.D. (1991) | Law
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Activities: Christian Legal Society, president
Texas Christian University
B.B.A. (1987) | Finance
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Honors: Magna Cum Laude
Professional Associations
Kansas State Bar
Member
Current
Websites & Blogs
Website
Blog
Legal Answers
26 Questions Answered

Q. 4 days ago i was hit head on by a drunk driver
A: 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 quickly they work with you. If there are injuries, your own car insurance will cover the first $4,500.00 of your medical expenses, and future costs, etc. will be covered by the other driver's insurance (eventually - again they may not move quickly, and an attorney is often needed to get a fair shake).
Q. I took a loan on 401K and am paying it back out of check. What happens in chap 7?
A: 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 to pay off the loan.
Q. I was assaulted in my room in a hotel. Do I have reason to file a lawsuit?
A: 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 extent of the injury will also have an impact on the feasibility of an attorney taking up the matter against the hotel.
Q. A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?
A: 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 to be proven, and if, somehow, the jury found the fall was 50% your fault and 50% the owner of the property, then there would be $0 recovery - so be very careful to get good legal help in the process.
Q. Electric company or landowner? Who is responsible for man being electrocuted at abandoned trailer park?
A: 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 injury. I'd be more than happy to discuss the matter further.
Q. I was hit by a car while in police custody. Do i have a lawsuit?
A: 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.
Q. What can I do if I don't agree to the adjuster's decision about car accident?
A: 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 help get the outcome you need. In Kansas, the other driver will need to be at least 51% at fault in order to get some recovery. If total damages are less than $4,000.00 then you may go to small claims court, but otherwise, you will likely need to get an attorney involved to protect your interests.
Q. Our bankruptcy has not yet been closed . We bought land on April 16 , 2018. are we going to be able to keep it.
A: 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 undisclosed in the bankruptcy when you filed.
Q. If you have a debt that has been sold to a collection agency are you legally bound to pay that debt?
A: 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.
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Contact & Map
303 E Poplar St
Olathe, KS 66061
USA
Telephone: (913) 782-5500