By Kyle Roby
Attorney and Partner
English, Lucas, Priest and Owsley, LLP
Each state has its own rules as to how to handle a case in which both the plaintiff and the defendant are alleged to have been negligent in causing an accident. In a Kentucky car wreck case, the law of pure comparative fault applies. (In some other states, the rule may be modified comparative fault or pure contributory negligence.)
Under the doctrine of pure comparative fault followed in Kentucky, the plaintiff can recover money damages from the defendant as long as he or she is not found to be 100% at fault; however, he or she is only entitled to recover the percentage of total damages attributed to the defendant's negligence.
Such cases are often hotly contested, since each party may try to pin all or most of the blame for the crash on the other side. Read More
By Kurt Maier, Attorney and Partner
English, Lucas, Priest and Owsley, LLP
As we approach Thanksgiving, travel is on the minds of many Americans.
AAA typically releases a travel forecast for Thanksgiving, but hasn’t done so yet this year. In 2016, AAA predicted that 48.7 million people would travel for Thanksgiving, with driving being by far the most popular option for getting to that destination. This was an increase from previous years, thanks to lower gas prices and improved economic conditions.
Much of that travel is by car, with many heading out on Wednesday, November 22, this year to visit family for Thanksgiving. In the south, it seems like there is road construction year-round, and that creates a lot of stop-and-go traffic. Top that off with uncertain chilly weather that can even turn icy and you’ll find a near-perfect set up for car wrecks. Read More
Filing a personal injury lawsuit against a city can be very tricky. If certain rigid procedural requirements are not met, a plaintiff’s case can be… Read More
Kentucky is a no-fault insurance state. This simply means that each party in a Kentucky auto accident case must first seek payment of medical expenses up to $10,000 from their own insurance companies through a claim for basic reparations benefits (also known as personal injury protection - or PIP - benefits). If a person sustains serious injuries, it is usually still possible to pursue compensation from the negligent motorist.
Facts of the Case
In a recent (unreported) case appealed from the Jefferson Circuit Court, the insured motorist was a woman whose vehicle was struck from behind in a multi-car accident in May 2015. At the scene, the insured motorist did not report any injuries, but there was minor damage to her vehicle's rear bumper. The insured motorist later sought chiropractic treatment for injuries she alleged resulted from the accident, submitting the bills to the insurance company for payment under her basic reparation benefits (BRB).
The insurance company did not pay the insured motorist's medical expenses, instead filing a petition to compel the insured motorist to give a pre-litigation deposition. The insured motorist filed a counterclaim, alleging that the insurance company's refusal to pay her medical expenses immediately was a violation of the Kentucky Motor Vehicle Reparations Act. The circuit court found that the insurance company had shown good cause for its request for a deposition and ordered the insured motorist to comply within 30 days. It also dismissed the insured motorist's counterclaim. Read More
Each year, the Treasury Department examines the cost of living in the U.S. and adjusts limitations for retirement plans and many other similar items that affect taxpayers throughout the U.S. As has happened previously, the Treasury raised the limits for contributions to pensions and other retirement plans such as 401(k)s, 403(b)s and most 457 plans. All of this helps today’s workers save for retirement with pre-tax dollars, which is a tremendous benefit.
Our tax code requires the Secretary of the Treasury to make this adjustment.
The biggest news is that the contribution limit to employer-sponsored retirement plans, such as the above-mentioned 401(k)s, etc., has gone from $18,000 for calendar 2017 to $18,500 for calendar 2018. If you were bumping up against this limit in 2017, you can now adjust and put in just a little bit more, which is always good news. Read More
Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident.
Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured - typically for property damage or medical benefits - and is seeking repayment from the person whose negligence caused the crash.
Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion. Read More
