Kentucky Recent Legal Answers from Lawyers

From just your description, your son may not be a totally innocent bystander.  The fact that your son is 17 does not make him immune to being in a fight with an adult.  My guess is that the local police are taking the position that everyone involved bore some brunt of the responsibility. That being said, you can certainly pursue a civil action against the adult and a Jury would then decide the percentages or responsibility and award damages. Note that there is likely no insurance coverage, so any Judgment received would have to be collected individually against the adult.  Thus, if he has nothing, then you might spend several thousands of dollars to prove a case and end up with nothing.... Read More

Hello, Now that you are a legal permanent resident you can file for your daughters' green cards immediately as it can take up to 4-5 years before they can receive it. It is not clear if your daughters are in the U.S. or outside of the country. Please note that the procedures are different depending on whether they live here, entered the U.S. legally or are abroad. You should speak to an experienced immigration attorney in your local city about your daughters' case in detail so that you can make the right decision for your family. Good Luck. The information contained above is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation, please speak to your immigration attorney.... Read More

Attorneys are not supposed to enage in "champerty", i.e. to encourage litigations by financing them.  Although in modern times attorneys are allowed to agree to contingency fees (for most types of claims), they are not supposed to pay the expenses of litigation (i.e. filing fees, court reporter fees, etc.)  Both your attorney and his friend could be at risk.  However, different jurisdictions have slightly different rules in this regard, and also different penalties.  I don't know exactly how the practice is viewed in Kentucky. ... Read More

We have about $15k in credit cards, $9k student loans, $145k mortgage debt on second house (first house we owe $90k and it MIGHT get $50-60k), next to no equity on second house, and two vehicle loans totaling around $6000-7000. What debts would be satisfied? What would you do? - you could file BKY and surrender the "rented" house in BKY and that lender couldn't assess a deficiency against you. You could discharge the credit card debt (in whole or in part, depending on if you had to file a chapter 7 or a chapter 13), reduce the car loans to the cars' worth (only if filing a chapter 13, AND if the debt was taken out NOT LESS THAN 910 days ago from the date of filing), and the student loans can NOT be discharged - PERIOD. That's a "quick" answer, but we'd have to take a look at the whole picture before deciding which course of action is best.... Read More

Contact the Department of Workers' Claims (DWC) in Frankfort to file a medical dispute. DWC has established a special docket with dedicated judges and staff to assist injured workers in pursuing medical disputes. Under current KY law, there is no lawful way for an attorney to earn a fee by handling post-allowance medical disputes and there is no indication that the KY Legislature is even considering addressing the issue.  Medical disputes can take a great deal of time to resolve. The number for DWC is 502-564-5550.... Read More

If you have information that is relevant to your case, then you need to share that information with your lawyer. Remember, your lawyer is the only person involved with your case who is ethically 100% on your side.  If you conceal information from your lawyer, then you are only hurting your case.... Read More

PIP:  if your claim was settled "exclusive" of PIP, then you have no obligation to reimburse the PIP carrier.  On the other hand, if you case was settle "inclusive" of PIP, then you have to re-pay the PIP carrier. Doctor Bills:  Unless you signed a lien with the doctor or your attorney has issued a letter of protection (LOP), then there is no obligation to pay the doctor from the settlement.  You still have a legal contractual obligation to pay the doctor, but you can demand the money. You need to get a detailed explanation from your lawyer as to why payments are being delayed.  He may be trying to negotiate a bill reduction that would put more money in your pocket. You can certainly fire the attorney and demand the settlement funds less the attorney fees. However, if there is a lien or LOP, the attorney will continue to hold those funds until those issues are resolve. Call your attorney for an appointment.... Read More

Your complaint is that your attorney is not being candid with you and is not properly advising you as to the status of the claim. 12 years seems to be a very long, perhaps too long of a period of time. Since you lawyer will not answer your questions, I recommend that you contact the Kentucky Bar Association -- follow this link: www.kybar.org/235 -- for the procedures to file a complaint against the attorney. Sometime, just filing the complaint will get you the answers you need as the KBA will contact the lawyer to find out exactly the status of the case.... Read More

If a worker is off work -- for any reason -- then an employer has no obligation under Kentucky workers' compensation laws to continue any employer provided benefits, i.e., health insurance, holiday pay, 401(k) match, accruing additional vacation days, etc. An employer cannot revoke previously vested benefits.  As for previously accrued vacation days, if the employer has a policy previously in effect that requires vacation days to be used within a certain time frame or limits the number of days that can be accrued, then that policy is enforceable. Please understand that there is no legal obligation for an employer to provide any vacation days or vacation pay. The exception is if there is a collective bargaining agreement or some other written employment contact that specifically addresses the issue of vacation days.... Read More

I recommend that if you have a complaint against a Kentucky lawyer, then you should contact the Kentucky Bar Association for assistance.  The number is 502-564-3795.  The KBA has an extremely proactive bar counsel office that can potentially assist you with resolution of your concerns or refer you to an attorney that could further assist you.... Read More

For the other driver to individually collect against you, there would have to be evidence that you negligently entrusted your motor vehicle to your son when you knew or should have know that he was not a competent driver.  While age is certainly a factor, youthfulness is not dispositive.  Absent evidence that your son has a bad driving record, there is little likelihood that you could be held responsible for any amount in excess of your insurance coverage limits. Your son could responsible for the excess, bit the excess liability can be discharged through bankruptcy. If a lawsuit is filed against you and your son, then your insurance company is required to provide you with a defense attorney to protect your rights.... Read More

This is a medical issue between you and your doctor.  The better question is whether you doctor will provide a AMA 5th Edition permanent whole person impairment rate at this time.  If your doctor believes that you consdition is permanent and has reached maximum medical improvement, then you should pass that information on to your attorney so that he/she can contact your doctor.... Read More

There is really no limit as to the number of exams the carrier can jump you through.  Around 5 months or so between exams is not unreasonable., especially if there has been a change in your condition or significant medical services requested. Likewise, if you have filed a 101 package with DWC, then you likely included a Form 107 impairment evaluation.  The insurer is within its rights to schedule an exam.... Read More

Your question cannot be answered based upon the information provided. Various factors such as permanent residual medical impairment and future treatment issues need to be considered.  Likewise, the type of concussion is relevant, and sciatica can be a symptom of a chronic back sprain all the way up to a ruptured disc. Given all of the potential variables, I cannot provide a resonable settlement value or range.... Read More

Potentially yes. Your agent has a fiduciary obligation to make policy changes as requested by you.  If the agent failed to do so, then he can be sued for what is -- in effect -- a type of malpractice. However, your policy may contain language requiring changes to be in writing.  Also, if you received policy renewal paperwork between the phone call and the accident, then you had the obligation to review that paperwork to ensure that the coverage you were paying for was the coverage you intended. Your complaint appears to be with your agent for errors and omissions and perhaps not the insurance company.... Read More

Kentucky's slip and fall law is in a bit of flux as to what is called the "open and obvious" doctrine.  This doctrine essentially provides that if a hazard is something that should have been seen and avoided, then there is no liability. Slip and fall cases are extremely fact specific.  Do you have photos of the scene?  If not, then can you take photos?  Please include a ruler in the photo to show the height of the manhole cover.  Take some close-up and distance photos. We would be happy to review the photos with you once you have them.... Read More

The first question I have is when did this occur? You have a 1 year statute of limitations within which to either settle your claim or file a lawsuit.  If you miss the 1 year deadline, then your claim is over. As for value, that depends upon many factors such as the extent of your treatment, permanent residual impairment, future treatment needs, etc. We can certainly try to evaluate your potential claim assuming that the statute of limitations has not expired.... Read More

Under KY WC law, the first 7 days of disability are not paid until an injured worker is off for 14 days.  Thus, if the injured worker misses 13 days, then only days 8-13 are paid.  However, once that 14 day threshold is reached, then all 14 days get paid. Under KY WC law, insurance companies are required to act in good faith to timely process and pay claims.  The term "good faith" is somewhat vague and allows insurance companies a fair amount of wiggle room.... Read More

Yes, although you have no obligation to pay unauthorized charges on your credit card (I'm assuming that you did not authorize this person to use your card), just as you have no obligation to honor a forged check, and thus should have no damages.  If for some reason you do have to pay those charges, you can sue to recover what you pay.  Either way, you can press criiminal charges against the thief.  ... Read More

The only way to know for sure is to have a car sales fraud lawyer go over all the sales paperwork and your entire story with you. But basically, if you answered their questions truthfully and did not hide anything from them which you knew about, then they very probably can not make you do anything. If you did not have the truck title with you when you traded it into the dealer and you knew at that time that the title was branded with "rebuilt" on it, then they may be able to cancel it. But if the truck title itself is not branded as rebuilt, and you did not know it either, then the fact that it is on the car fax is very probably not your problem and the dealer would not have the right to cancel the deal. If you talk to a lawyer, make sure it is a car sales fraud lawyer and not just a general lawyer because the law in this subject is not something lawyers normally are trained on in law school at all. Thanks for asking.... Read More