Kentucky Recent Legal Answers from Lawyers

Hello and thank you for using LawQA! The at-fault driver and his/her insurance company will be liable for the damage caused to you and the rental vehicle. If you have auto insurance, presumably you do for the vehicle the rental vehicle was replacing, then your insurance company will process your PIP claim up to at least $10,000 for things like medical expenses, lost wages, and out-of-pocket expenses. If another driver caused the wreck involving the rental vehicle you were driving then his insurance will cover your claim for pain and suffering, medical bills over $10,000, and other areas of damages for which the law of Kentucky requires compensation to such injured individuals.... Read Answer

Yeah, good luck trying to find an attorney to take a case like this. A lawsuit because your feelings are hurt by your apartment manager or because a postal employee made a mistake is going to require you to have damages in the tens of thousands of dollars and I would expect anyone willing to take this on to require a retainer of at least $5,000.... Read Answer

The case you describe is not a $25,000 case.  Rather, your mother has a claim for property damage against the driver of the car that hit her car.  She can file an action in District Court -- Small Claims Division -- for the damage.  Hopefully she has pictures of the damage and where the car was parked. Given that this is a property damage claim, I can understand why attorneys would decline to handle the case on a percentage and instead insist upon an hourly fee arrangement with a retainer. As for her subsequent arrest, she would have to be able to prove a lack of probable cause for the arrest.  Not much is needed to establish probable cause.  Probable cause determinations are very fact specific.  Absent some type of real aggravating circumstance, false arrest claims are usually not worth bringing.... Read Answer

Spine surgery cases are difficult because the witness with the best information about what happened is usually the defendant. Nevertheless, you would not expect surgical hardware to loosen so soon and the fact that you experienced symptoms immediately after the surgery suggests that something went wrong. Financial viability will be an issue of the second surgery made you better. If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.... Read Answer

From the facts thatyou describe, your injury appears to be due tou your own actions. You jumped from a raised platform and broke your ankle.  No one has any obligation to pay your bills or lost wages. The only exception would be if you have short term disability insurance either through your job or on your own.  You can contact the Human Resources Cabinet to determine if there are any welfare benefits for which you may be eligible.... Read Answer

No -- submit the full bill. Way more likely than not, your health insurance contract has a subrogation provivision that allows the health insurance company to recover from the settlement funds paid for your daughter's injuries that part of the bill the health insurance company paid. The health insurance company has to takle affirmnative steps to put you on  otice of its claim.  If they never put you on notice or seek recovery, then they waive their rights.... Read Answer

Unfortunately, your friend's husband is likely subject to the permanent bar to admission given he is being prosecuted for illegal re-entry. The fact that he has a fiancé and children in the United States will not provide any path to lawful permanent residence. He would not be able to seek lawful permanent residence until he has been outside the United States for at least ten years. After ten years, he would require a waiver to return. You can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read Answer

The question is "how much are you netting from the settlement?" You should discuss this with your PI attorney.  if the amount is large, then you may wish to consider a Special Needs trust.  This shelters your money, but if there is money still in the trust when you die, the State may be able to sieze the funds. If the amount is small, then if the funds are paid to you early in the month, then you may be able to spend them down fast enough to preserve your SSI and Medicaid. These are issues that a good PI attorney can address with you.  My guess is that Mediaid may have paid some or all of your bills for the accident, so your attorney is already dealing with the Medicaid statutory lien.  This is all part and parcel of the same "can of worms," Make an appointment to meet with your PI attorney and do not sign the final settlement papers until these issues are resolved.... Read Answer

The first step would be for your son's father to become a lawful permanent resident. A person must be resident for a set amount of time before becoming a citizen. Whether your son's father can become a permanent resident will depend upon more information about the criminal case. Unfortunately, without knowing if he was convicted and if so, under what statute and the penalty imposed it is impossible to determine whether he can become a resident. Could you please provide more information about the criminal charges? In the interim, you can read more about criminal matters and immigration at http://myattorneyusa.com/criminal-aliens. ... Read Answer

You may be able to file a fiancé visa petition. Have you met in person during the past two years? Do you intend to marry within 90 days of his entry? If so, you could file a fiancé visa petition. The fiancé visa process is two step. The first step is for you to file a fiancé visa petition. It will take approximately five months for USCIS to issue a decision. Once approved, your fiancé applies for a visa. This stage takes one to three months depending upon how quickly your fiancé gathers supporting documents and appointment availability. After he is issued the visa, he can come to the United States and after you marry he filed for his green card. He can request employment authorization after he enters by filing the appropriate application. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

The first step is for an alien to become a lawful permanent resident. Only after he has been a resident for the requisite period of time can he seek naturalization. Having been arrested and charged with a crime does not bar one from becoming a lawful permanent resident. However, a conviction may prevent you from becoming a resident. Some felony convictions result in permanent bars to admission while others can be waived. It is important to know whether your son's father has been convicted of a crime and if yes, what crime was he convicted of violating and what sentence was imposed. You can read more about criminal matters and immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

Probably not.  Only a material breach of a contract will excuse the non-breaching party's non-peformance.  When a party breaches a contract in a material way, the non-breaching party generally has two choices.  He/she/it can either rescind the contract, meaning that neither party would have any ongoing obligation, or continue to with the contract  but sue for damages incurred due to the breach.  He/she/it cannot, however, continue under the contract, assert no claim relating to the breach, and use it as an excuse to ignore his/her/its own contractual obligations at some significantly later point in time.  In other words, even assuming that your employer breached (if there is any doubt in the language of the contract, the fact that you went along with the practice for 4 years would support the interpretation that there was no breach) and that the breach was material, having done nothing about the lack of a day off for four years (it is unclear whether you were paid for the extra time you worked, which would make your position even weaker), you can't now use it as an excuse to breach the non-compete. The non-compete may not be unenforceable for other reasons, as such clauses are viewed with some skepticisim by the Courts.  However I don't think the failure to provide a day off will get you off the hook.... Read Answer

The key issue here is the fair market value of your car. If the repairs to your car would cost in excess of the value of your car, then the insurance company can "total" the car and pay the market value.  Insurance companies tend to be pretty consistent with property damage, so you may get a similar response from the other company. You can take a run at the other driver's insurance.  However, your options are somewhat limited as the other carrier may likely respond as your own insurer did.  Note too that if your car is totalled, then you do not get a rental car.... Read Answer

Under KY WC law, if your doctor releases you to work -- any work -- then the WC insurance company can leaglly stop your lost wage compensation. If your employer is willing to accept you back and you decline, then you can be fired for no-show unexcused absences. You need to take the release from your doctor and present yourself for work. In all likelihood, the doctor has sent a copy of the release to your employer and/or the WC insurance company. You can try to find a new doctor and you can try to talk with your doctor, but in all likelihood you are stuck.  Your next viable option is likely trying to work out some type of settlement -- lots of options -- of your claim.... Read Answer

You can start by requesting a replacement green card. Once you have filed a request for a replacement green card, you can take the filing receipt to an infopass appointment at the local USCIS to request temporary proof of residence. You should be able to obtain a replacement driver's license with this documentation. ... Read Answer

Your fiancé is free to apply for a visitor visa. She would start the process by filing Form DS-160 with the U.S. Department of States. However, under the circumstances, she is unlikely to be issued a visa. A consular official will likely debt the visa application for immigrant intent given the purpose of her trip and her lack of ties to her country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas. ... Read Answer