I am trying to find a lawyer to defend against a lawsuit against my wife. My wife was driving back home last April during school dismissal time. She was going under the speed limit. A Grade 1 student ( six years or so, unaccompanied by any adult) ran across the street suddenly without looking both ways at a place outside of school zone with no attendant/ adult present or marked with crosswalk. He bumped into the side of the car. He said he did not see the car and the police did not issue a ticket to my wife. We heard from our insurance company that the other party are planning a lawsuit. We want to consult a lawyer for a potential defense against liability but we can't seem to find one when searching for one online. I guess the insurance company will provide one but want to consult/ hire our own. Most lawyers only want to represent someone who is injured. Is this a less represented area of practice? What should be the practice area in these types of cases?
Your wife's automobile liability insurer is obligated to defend her. The lawyers who defend lawsuits for insurance companies do a good job.
However, depending upon the liability limits which you purchased, the claim may exceed your wife's liability limits. Although your insurance company will send you a letter which says that you have the right to hire a lawyer at your own expense to assist in the defense, you do not need an additional defense lawyer.
Talk to a bankruptcy lawyer. Bankruptcy lawyers are experts on the Kansas exemption laws.
An excess judgment is not an court order to pay money. It is a hunting license for a sheriff or process server to seize your wife's non-exempt assets, sell the seized assets and apply the proceeds of the sale to the judgment debt. Kansas has a long list of exempt assets (see article 23 of chapter 60 of the Kansas Statutes Annotated, available on the web at: http://www.kslegislature.org/li/b2019_20/statute/060_000_0000_chapter/060_023_0000_article/). Kansas law allows you to convert non-exempt assets into exempt assets by such acts as paying down your mortgage or funding a Roth IRA. Under the case of Sproul v. Atchison National Bank, 22 Kan. 336 (1879) you and your mortgagee can agree that non-exempt assets can be pledged as additional collateral on your mortgage debt with the mortgagee being prohibited from releasing the additional collateral and being required to liquidate the additional collateral before selling your homestead.
The attorneys who practice insurance defense are usually quite good at what they do. Your insurance company is obligated to retain an attorney to represent your wife and will do so. I don't think you need to retain your own attorney.
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You have the right to hire counsel to oversee matters. Your expense. No shortage of lawyers who are well qualified in KS for this matter.
The Kansas Bar Association Lawyer Referral Service can refer you to an attorney who defends auto accident claims. https://www.ksbar.org/page/LRS_Public
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