Kentucky Recent Legal Answers from Lawyers

Your first appearance will be your arraignment where they will read the charge against you in the record. You will enter a plea of Not Guilty. Your next hearing date will be your Pre-Trial Hearing. In between those periods a plea deal is sought. You will need to have a drug and alcohol screening done. If treatment is required, you will need to take them. Because its been 10 years between offenses, they MAY not count that against you in determining on their plea offer to you. Get an attorney who specializes in DUIs.... Read More

A second DUI can mean 10 days of jail or more in Colorado. If you have more than 1 prior, then more jail. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.... Read More

The police traffic crash report should have the name of the insurance company listed.  You can contact the insurance company directly. Note, if you believe that the collision was an intentional/criminal act, then insurance will not cover such misconduct. You daughter may receive a letter from the Bureau of Motor Vehicles asking her to provide proof of insurance at the time of the accident.  If she fails to respond, then the Bureau can cancel her plates and license. If there is no insurance, then you would have to file a small claims action through your county's district court.... Read More

Wal-Mart -- like any other retail company -- will require you to prove the extent and severity of any premise injury. You will need to present proof, i.e. medical documentation of the injury. Given that you have gone 4+ weeks since the fall without seeing a doctor, IMO, your claim likely has no real value.  Treatment gaps -- especialyy right after the incident, are real killers.... Read More

You are stuck with the towing and storage charge.  Each day that the car sits in the towing company's lot, the cost to retrieve the car goes up. The sooner you get the car, the less you will have to pay. At some point, the towing company willmtake action to get title to your car and then sell your car to cover the costs. You are still responsible for any loan on the car.... Read More

Initially, did you have car insurance at the time of the accident??  If so, under KY's no-fault laws, then your insurance company would have to pay the first $10,000 of the bills and lost wages. If you did not have insurance, then the other dirver gets a $10,000 credit against any potential claim you would have. IMO, you should call your attoeny and demand a face-to-face meeting.  If he refuses, then I recommend that you call Bar Counsel at the Kentucky Bar Association and explain the problem to them.  Bar Counsel mcan not help your cae; however, Bar Counsel can call your attorney about the communication issues.... Read More

The merits of your case are secondary as to the cost to pursue your case. Hopefully your doyg is fine and no worse for wear.  Hoiwever, dogs are property and valued as such.  There is no claim for emotional loss due to the death or injury of a pet. As for the fee you had to pay and the other conduct to cite, I recommend that you contact the Transportation Cabinet in Frankfort to determine whether you can file an administrative complaint aganst the driver and his company.... Read More

If everything in your post to correct, then the answer is "yes." However, expect the insurance company to file a medical bill fee dispute with the Department of Workers' Claims (DWC).  You and your doctor will be required to present evidence of causal relationship of the new condition to the original injury. DWC has 2 judges assigned full time to handle these disputes. Usually, the assigned judge will set up a confeence call with you, your doctor, and the insurance company representative to try to resolve the dispute.  The judge will want your records in advance.  The burden is on the insurance company to prove that the surgey is not related to the claim.  If no agreement is reached, then the judge will decide the issue. If the surgery is allowed, then you will get lost wages based upon your earnings at the time of the original injury.  ... Read More

To force the issue with State farm, you would have to file a lawsuit against the owner of the home in which the freezer was located alleging that the freezer was negligently maintained, operated, services, etc.  You would also need an electrical expert to testify that there was negligence. If the work was being done in your own residence or you are the owner of the freezer, then there is no claim for personal injury because you cannot sue yourself. Essentially, bring the claim -- including paying for the expert -- would likely cost around $5,000 or more for court costs, deposition transcripts, expert witness fees, etc., and that does not include attorney fees/expenses and medical bills.  If insurance paid the medical bills, then you would have to reimburse the insurance company that paid the bills. Unless the scars are really horrendous and are causing flexion constrictures, scars on the arms and legs are not nearly as "valuable" as would be facial scarring.... Read More