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Arkansas Questions & Answers
1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In...
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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How do I file for temporary maintenance in a divorce
Gregg Austin Knutson
Gregg Austin Knutson
answered on Sep 28, 2024

If a case has already been filed, the party requesting temporary maintenance has to schedule a temporary hearing and serve notice of the temporary hearing upon the opposing party. Both parties are also required to exchange an Affidavit of Financial Means prior to the hearing. In preparing the... View More

2 Answers | Asked in Immigration Law for Arkansas on
Q: I’m currently living in Arkansas under a K1 visa. When would I be able to obtain a permanent driving licence?

Would I have to wait Until I file my AOS paperwork and receive my work permit / SSN?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 26, 2024

It depends on the state. You should contact the DMV in Arkansas to determine what documents an immigrant adjusting status based on marriage is required to provide in order to get a drivers license. Some states just require a 485 receipt, but others require a 766 work permit. Additionally, you... View More

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1 Answer | Asked in Car Accidents for Arkansas on
Q: I don't have the title on a total loss of a vehicle..it's registered my name w/ documents of personal property tax paid

Is that enough proof of ownership

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney, a title is usually used to prove ownership. You could find out from your DMV how long it takes to get a duplicate title. If your vehicle is declared a total... View More

2 Answers | Asked in Car Accidents and DUI / DWI for Arkansas on
Q: Does insurance have to pay actual value or total replacement costs in auto accidents that result in property damage?

Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View More

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2 Answers | Asked in Car Accidents for Arkansas on
Q: Driver of vehicle who hit my vehicle says it wasn't them and their damage is pre existing.

Hello! I own my own business and use my personal vehicle for service calls and work transportation, fully reliant on my vehicle. On July 11th a truck (white Silverado) merged into my(grey Prius) vehicle at about 55mph. He nearly pitted himself and caused a massive pile up but after I hit the brakes... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

You may want to reach out to Arkansas attorneys to try to arrange a free initial consult. This sounds like it's going to be a tough case. The orientation of the vehicles and damages you describe could support a number of different scenarios - and you're already looking at the other... View More

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2 Answers | Asked in Car Accidents for Arkansas on
Q: Driver of vehicle who hit my vehicle says it wasn't them and their damage is pre existing.

Hello! I own my own business and use my personal vehicle for service calls and work transportation, fully reliant on my vehicle. On July 11th a truck (white Silverado) merged into my(grey Prius) vehicle at about 55mph. He nearly pitted himself and caused a massive pile up but after I hit the brakes... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 6, 2024

Sometimes it's better to have an attorney represent you than you representing yourself. I believe this is 1 such situation as liability is currently in dispute by the insurance company and you have evidence to provide the insurance company on this issue---as such I would recommend that you... View More

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1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Arkansas on
Q: Is it legal for my in network dentist to refuse to file charges for services on my insurance plan?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on the dentist's contract with the insurance carrier, whether they are a participating provider, and other possible conditions. If you signed an AOB (assignment of benefits), that would probably... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: Is there such thing as failure to appear court?
Tim Akpinar
Tim Akpinar
answered on Jul 27, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. In a criminal law context, failing to appear without plausible justification could lead to additional charges - that's something an Arkansas criminal defense attorney who is knowledgeable in this area should... View More

1 Answer | Asked in Constitutional Law and Municipal Law for Arkansas on
Q: Can a police officer tow your car if u have insurance
James L. Arrasmith
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answered on Jul 21, 2024

A police officer can tow your car for several reasons, even if you have insurance. If your car is parked illegally, blocking traffic, or poses a safety hazard, it can be towed regardless of your insurance status. Additionally, if your vehicle is involved in a crime, is abandoned, or you have unpaid... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

James L. Arrasmith
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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Trademark and Intellectual Property for Arkansas on
Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.

I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More

James L. Arrasmith
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answered on Jul 19, 2024

Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More

2 Answers | Asked in Civil Rights for Arkansas on
Q: I am seeking guidance on how to legally protect my use of sacramental plant medicine under the RFRA.

I am seeking guidance on how to legally protect my use of sacramental plant medicine, such as psychedelic mushrooms, under the Religious Freedom Restoration Act (RFRA). I am a member of the Church of the Sacred Plants and want to understand the legal protections available for the religious use of... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

# 1) Read https://law.justia.com/cases/federal/district-courts/FSupp/906/1494/2126785/ to consider whether the "Church of Sacred Plants" constitutes a "religion" protected by RFRA

# 2) Read https://supreme.justia.com/cases/federal/us/494/872/ to consider whether the...
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1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My home address is on my id card. Is that considered my legal residency
James L. Arrasmith
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answered on Jul 2, 2024

Your home address on your ID card is not necessarily your legal residence, though it often is. Legal residency typically refers to your primary place of living and can have implications for various legal and administrative matters. Here are some key points:

1. ID card address: This is...
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1 Answer | Asked in Military Law and Employment Law for Arkansas on
Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?

I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More

1 Answer | Asked in Car Accidents for Arkansas on
Q: Do i have to go through a mechanic and have my car fixed to settle my insurance claim? Can I just get cash?

I was involved in a car accident that was not my fault and there where no injuries. There insurance company said I will not get any further settlement until my car is dismantled by a mechanic and then they will negotiate getting the car fixed with them. I don't want my car fixed or at least... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Most insurance carriers don't care what you do with the check if it is for superficial damages that don't affect safety or roadworthiness. If your collision damages are extensive enough for the... View More

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I haven't been able to vote since I was 17 because of a felony?

Is voting not a right?Are is it like a driver license?A privilege and can be taken away?

James L. Arrasmith
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answered on Jun 10, 2024

Voting is a fundamental right in the United States, but it can be restricted under certain circumstances, such as a felony conviction. Each state has its own laws regarding the voting rights of individuals with felony convictions. In some states, your voting rights may be restored after completing... View More

1 Answer | Asked in Car Accidents for Arkansas on
Q: Do i have to go through a mechanic and have my car fixed to settle my insurance claim? Can I just get cash?

I was involved in a car accident that was not my fault and there where no injuries. There insurance company said I will not get any further settlement until my car is dismantled by a mechanic and then they will negotiate getting the car fixed with them. I don't want my car fixed or at least... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Usually, most carriers don't care if you carry out the repairs on minor damages. If the accident caused damages that may possibly impact the safety or roadworthiness of the vehicle, or the damages are such... View More

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