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Kentucky

04.25.2017

Attorney Sarah Jarboe organizes environmental law conference

Attorney Sarah Jarboe organizes environmental law conference Read More

04.20.2017

Kentucky Appellate Court affirms verdict in scooter accident case

Most personal injury lawsuits settle out of court, but some do proceed to trial. Most often, this happens because the parties disagree as to who was at fault, the amount of damages to which the plaintiff is entitled, or both. When one party is displeased with the jury's decision, he or she has the right to appeal the trial court's entry of judgment on the verdict to a higher court. However, much deference is afforded to the jury's verdict, and the burden is on the appealing party to convince the appellate court that a legally reversible error was made in the lower court. Read More

04.12.2017

Kentucky Appeals Court affirms verdict in favor of insured in Underinsured Motorist case

If you don't have uninsured or underinsured motorist coverage, you should talk to your insurance agent about purchasing this very important coverage as soon as you can. Such coverage can mean the difference between a fair recovery and financial ruin in the event of a serious accident with a driver who has no insurance or who has only the minimum policy limits. However, should you ever need to actually use your uninsured or underinsured coverage, do not expect your insurance company to be on "your side" of the case. Read More

04.03.2017

Tennessee Court of Appeals finds no evidence to support no damages verdict in car wreck case

Our civil justice system is built on the premise that a jury of disinterested individuals is in the best position to determine matters such as the credibility of witnesses and the amount of money that a person injured by another person's negligence should receive in compensation for medical expenses, lost wages, pain and suffering, and so on. Unfortunately, no system is perfect. Even juries sometimes get it wrong. When that happens, it is the trial judge's job to grant a new trial so that justice may prevail. Read More

03.30.2017

LaJuana Wilcher speaks at environmental law conference

LaJuana Wilcher speaks at environmental law conference Read More

03.23.2017

Tennessee product liability lawsuit dismissed due to missed deadline

If you believe that you have a claim for personal injuries or for a loved one's wrongful death, you should speak to an attorney about your case as soon as possible. This is because there is a limited time for filing both injury and death cases. This Tennessee product liability lawsuit case is a reminder that the statute of limitations isn't flexible. The statute of limitations prescribes the exact time period for bringing a claim, such as a negligence action arising from a motor vehicle collision, an act of medical malpractice, or an injury from a defective product. There may also be an applicable statute of repose that places additional constraints on the time for filing suit, based on factors such as, for example, the date an allegedly defective product was manufactured. Read More

03.22.2017

Son who moved out of Kentucky parents’ home not a “resident relative” for underinsured motorist insurance purposes

Many people think of "car insurance" as something you either have or don't have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured. This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is - and is not - covered under one's policy. As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes. Read More

03.21.2017

Bob Young, Aaron Smith attend ABA TECHSHOW

Bob Young, Aaron Smith attend ABA TECHSHOW Read More

03.07.2017

Kentucky Supreme Court rules against plaintiff in lawsuit against insurance company

Insurance companies have certain duties not only to their insureds but also to those who file legitimate claims against those who they insure. A company's failure to uphold these duties can result in a finding of liability under Kentucky's bad-faith laws, but the claimant has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, since there those involved may not agree about who is at fault or the amount of damages to which the claimant is entitled. Read More

03.03.2017

Kentucky trucking accident insurance case unusually complicated

Lawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck. In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company's vehicles when she sent the application to the insurance company. Read More