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11.20.2017

Plaintiff receives $98,158 in damages in Kentucky bike accident case

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

11.15.2017

How to avoid a car wreck in Kentucky this Thanksgiving holiday

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

11.07.2017

Kentucky Appeals Court Dismisses Public Street Injury Claim Based on Insufficiency of Notice to City

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 dismissed even if a city was clearly negligent. This is one of many reasons why it is best to consult an attorney as soon as… Read More

10.31.2017

Kentucky Auto Accident Claimant Had Obligation to Submit to Pre-Suit Deposition Before Receiving Basic Reparations Benefits

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

10.26.2017

Treasury Department announces new limitations for pension and retirement plans, other changes for 2018

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

10.19.2017

Appeals Court Reverses Dismissal in Tennessee Car Accident Case

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

09.29.2017

Claimant Had Contractual Duty to Answer Questions Under Oath to receive PIP benefits

People who must rely on PIP benefits available under a policy of uninsured motorist coverage following a Kentucky hit and run accident are often surprised at how contentious the process of obtaining fair compensation can be. It might seem that the insured person and the insurance company are "on the same side," especially if the claimant has been faithfully paying his or her premiums for many years. The truth is that an insurance company is still an insurance company. It does not matter whether a claim is paid out under a UM/UIM policy or a liability policy; the company will still do everything it can to limit the amount paid out. Read More

09.19.2017

Kentucky Appeals Court Reverses Summary Judgment to Store in Customer’s Tripping Hazard case

In a recent Kentucky premises liability case, a store in which a customer tripped and fell on a pallet underneath a container of pumpkins insisted that the customer's fall was his own fault. The trial court agreed and granted summary judgment to the store. Fortunately for the customer, the appellate court understood that the question was not as simple as the store made it out to be. Yes, the large box of pumpkins was clearly visible - but the wooden pallet beneath it was not necessarily noticeable to the customer under the circumstances. Facts of the Case In a recent unpublished Kentucky Court of Appeals case, the plaintiff was a man who tripped and fell while shopping for groceries at a store in Lexington. At the time of his fall, the man was carrying a handheld shopping basket that obscured his view of the corner of the pallet upon which he tripped. The accident caused extensive injuries to the plaintiff's shoulder and knees, causing him to undergo multiple surgeries. He filed a premises liability lawsuit against the store, alleging that his injuries were a direct and proximate result of the store's negligence and failure to keep the premises safe for business invitees. He sought to recover compensation for his medical costs, his lost earnings (past and future), and his pain and suffering. The Fayette County Circuit Court granted summary judgment to the defendant and dismissed the plaintiff's personal injury action. Read More

09.12.2017

Tennessee Court Affirms in Part, Reverses in Car Wreck Case

When a person is injured due to the negligence of another party, the injured person is entitled to pursue fair compensation for his or her injuries. In determining the amount due to a Tennessee car accident claimant, the court may consider the victim's past and future medical expenses, lost wages, pain and suffering, loss of ability to enjoy life, permanent impairment, and other factors. If the case is tried to a jury, the jury members make this determination. If the trial court judge hears the case without a jury, he or she makes the determination. Either way, if one party or the other is aggrieved by the amount of damages awarded by the trial court, there is the possibility of having an appellate court review the award. Read More

09.05.2017

Kentucky Court Reverses Summary Judgment When Basic Reparations Benefits Were Not Timely Paid

Kentucky is a "no fault" insurance state. While this does not mean that a person hurt by another person's negligence can never seek compensation following a motor vehicle accident, it does provide that certain minimum benefits must be available to those who purchase automobile insurance, without regard to fault. The idea is that injured individuals who suffer only minor injuries will have their medical expenses paid through their own personal injury protection (PIP) or basic reparations benefits (BRB), thus discouraging lawsuits. Read More