FAQ

If you have been injured in a car accident, it is absolutely crucial that you have a way to ensure that your medical bills are able to be paid. It is also extremely important to ensure that you are able to partake in recovering from emotional pain or suffering. This article only pertains to individuals who have been in a car accident while driving. Passengers that are injured in an accident may have the ability to file a claim with the insurance companies of either driver involved with a crash; if this applies to you, speak to an attorney to discover your options. In order to properly evaluate your case, an attorney may ask the following questions:

• Who was at fault? (The answer to this may be murky: it is often difficult to pinpoint who is completely at fault)
• Do all involved parties have insurance coverage? (If you are not certain, check the police report pertaining to your accident)
• Did you abstain any injuries from the accident? (Some injuries may take days after the accident to pose a real issue)
• Are you able to return to work?

Who Was At Fault?

Kentucky is a comparative fault state, meaning that each driver’s actions are compared to determine a percentage of fault for each driver. (This is why an attorney is so important.)  If you were at fault, you will be limited to your own insurance coverage.  If you are insured in Kentucky, that means that the first $10,000.00 of medical bills and/or lost wages will be paid by your own automobile insurance company. (This is true whether or not you are at fault.)  Whether you were at fault, contact your own insurance company immediately to begin the process of paying your medical bills and lost wages or defending you against the other driver.

Do All Involved Parties Have Insurance Coverage?

If you are not found to be at fault for the accident, the payment of your medical bills will, in most cases, become the responsibility of the other driver. If this is the case, it is important to determine if the other driver has insurance coverage. Unless the person at fault is exceptionally wealthy, it may be difficult to collect the money you are owed if they do not have insurance coverage. This leaves the driver that was not at fault in a difficult situation, as they become financially responsible for a situation that was no fault of their own. It’s for this reason that it is illegal to drive a vehicle uninsured.

Did You Abstain Any Injuries From The Accident?

If no injuries occurred during the accident, your main priority will be to seek compensation for the damage to your vehicle. If you were injuried, it is important to seek medical attention as soon as possible in order to both file an accurate claim for the coverage of the bills, and to of course make sure that no injury goes without medical treatment. Before you get in contact with your insurance company to file a claim, it is a good idea to get in contact with an attorney first. They will be able to gather all relevant data in order to file the most accurate claim with the insurance company for you.

Are You Able to Return to Work?

Most insurance companies offer up to $10,000 in order to help cover lost wages or medical bills; a serious accident may prevent you from returning to work for days, weeks, or even months, depending on the severity of your injuries. Your attorney will help you complete the necessary forms from your insurance company that you will need to fill out in order to receive lost wages in the case that you are not able to return to work.

You will then have to make the decision of whether or not you would like to follow a lawsuit. It is best to consult your attorney in order to weigh out your options and discuss the statue of limitations in your situation.

In some situations, the individual being represented in a case may not be able to speak for themselves, whether it be due to injury, serious illness, or disability. It is in this case that Power of Attorney (POA) is required.

When you grant someone power of attorney, you grant them permission to stand in for you and make decisions regarding your health, fiscal decisions, or legal obligations.

As previously stated, a traditional POA is commonly used for the elderly, individuals who are seriously ill or disabled. It is also commonly used for individuals who have children in their care. Close relatives, spouses, or friends are usually the people who take over the responsibility of their loved one’s decisions and transactions, and the POA becomes legal as soon as it is signed.

In contrast with a traditional POA is the Springing Power of Attorney (SPOA). The SPOA was created under Kentucky law in order to allow younger or healthy individuals make an informed plan for their future, putting forth plans for an emergency situation in which they become disabled or seriously ill or injured and unable to make life decisions for either themselves or their children. What sets an SPOA apart from an SOA is the way in which it becomes active and effective; an SPOA does not go into effect until the individual is officially decalred incapacitated or disabled by a licensed physician. This leaves less room for misuse of power by the individual who is receiving Power of Attorney.

Individuals who own a small business run the day-to-day business under their own name. This poses its own set of benefits as well as risks, and at the end of the day, the decision to become an official corporation or company depends on you as the business owner and your personal situation.

In most cases, small businesses make the move into official companies or corporations in order to take advantage of tax and legal benefits; the latter is usually the selling point, as a small business owner takes the risk of any liability for accidents or lawsuits solely falling on their shoulders. This places their own personal assets at risk in the unfortunate instance that their business may face a lawsuit. When a lawsuit is filed against an official company or corporation, the business owner’s personal assets are protected; this is a strong deciding factor for many small business owners.

To determine the business structure that works best for your small business, speak with an attorney to discover your options.

The Statues of Limitation place a time limit on when an individual can file a lawsuit. The amount of time varies depending on the lawsuit type. These limitations were put into place in order to provide protection for defendants from being convicted without relevant or updated evidence. This essentially provides peace of mind for defendants.

Kentucky Statues of Limitations

Kentucky Statues of Limitations are typically as follows:

• Workers Compensation: Two years from date of injury/last temporary total disability payment made.
• Car accidents resulting in injury: Two years from date of accident/last benefit payment made.
• Property damage: Anywhere from one to five years, depending on the claim.
• Medical Malpractice: Can vary from case to case. Often depends on when the defendant first became aware of the situation at hand.

This is not an uncommon problem. Kentucky law dictates that once the mortgage has been paid off, it absolutely must be released within thirty (30) days. Once 30 days has passed and the mortgage still has not been released, you have the ability to send the bank written notice that the mortgage must legally be released. Once written notice is delivered, the bank then have fifteen (15) days to release the mortgage. If they still fail to do this, they will face financial penalties of $100 per day for up to thirty days. Once the thirty day mark has passed, if the mortgage has still not been released, the bank then faces a penalty of $500 per day indefinitely until the mortgage is released.

In order to file a claim with the bank, ensure that the mortgage is completely paid off, is registered as a real estate mortgage, and that you have provided written notice. Consult an attorney to ensure that you are protected.

Of course, this law does not simply apply to banks; it applies to any lienholder on a real estate mortgage.

Worker’s Compensation is a law designed to protected employees who have been injured while on the job. It ensures that loss of wages is covered, as well as the medical expenses that may have occurred due to the individual’s work-related injuries.

Filing for Workers Compensation is extremely time-sensitive; the employee must promptly alert their employer that they have been injured on the job and fill out a detailed accident report. The accident report will be sent to the employer’s insurance company, which will work to determine what sort of relief will be provided to the employee. If the employee is directed to miss more than fourteen (14) days of work due to their work-related injury, they will then receive payments that are equal to two thirds of his or her regularly-earned weekly wages; this is referred to as Temporary Total Disability payments (TTD). The employee will continue to receive TTD until directed to return to work by a physician.

The statue of limitations on Workers Compensation is usually two years from the date of injury. After two years have passed, the employee can no longer file a claim to receive TTD.

If the employee chooses to file a claim with the Department of Workers’ Claims to dispute the outcome of their situation, they can go before a judge for an official settlement on the benefits that they will receive.