Navigating Dog Responsibility: Understanding Kentucky’s Stringent Dog Bite Laws and the Role of Homeowner’s Insurance
Dogs, cherished companions for centuries, bring joy and loyalty to households across Kentucky. However, even the most well-behaved dogs can sometimes lead to serious consequences when they bite. Recent legislative changes in Kentucky have ushered in stricter measures regarding dog bites, emphasizing owner responsibility and accountability. In this blog post, we’ll delve into the prevalence of dog bites in Kentucky, the legal landscape surrounding them, and the implications of the new laws that hold dog owners strictly liable for such incidents.
The Dog Bite Landscape in Kentucky:
Kentucky, much like other states, faces a significant number of reported dog bite incidents annually. Recent statistics reveal thousands of cases, with injuries ranging from minor to severe. Vulnerable populations, such as children and the elderly, are particularly at risk, experiencing more severe consequences due to their smaller stature. These incidents result in physical harm, emotional trauma, medical expenses, and often lead to legal battles.
Previous Legislation and Challenges:
Historically, Kentucky applied a “one-bite rule,” placing the burden of proof on the victim to show that the dog owner was aware of their pet’s aggressive tendencies. This rule made it challenging to hold owners accountable, especially in cases involving first-time incidents.
New Strict Liability Laws:
Responding to the growing concerns surrounding dog bites, Kentucky has implemented new laws that impose strict liability on dog owners. These laws make owners legally responsible for their dogs’ actions, irrespective of the animal’s past behavior. This shift eliminates the need for victims to prove prior knowledge of a dog’s aggressiveness, streamlining the legal process and providing more straightforward avenues for compensation.
Key Kentucky Revised Statutes (KRS) Sections:
To delve deeper into Kentucky’s new strict liability laws for dog bites, it’s crucial to reference relevant sections of the Kentucky Revised Statutes (KRS). The primary sections outlining these changes include:
1. **KRS 258.235: Strict Liability for Dog Bites**
Establishes the owner’s strict liability for any damages caused by their dog biting a person in public or lawfully in a private place.
2. **KRS 258.991: Penalties for Violation**
Outlines penalties and fines for dog owners who violate the strict liability provisions, underscoring the importance of responsible ownership.
Invitation for Free Consultation:
If you or a loved one has been injured by a dog bite, I understand the challenges you may be facing. Call Anna Aleksander Attorney at 502-589-0816 for a free consultation to discuss your case and explore your legal options. Remember, it’s crucial to obtain the dog owner’s information promptly after an incident.
Possible Situations and Environments:
Dog bites can happen in various settings, each presenting unique challenges. Whether in an apartment building, a pet store, a veterinary clinic, or someone’s home, understanding the circumstances is crucial. In an apartment building, for example, an unleashed or poorly controlled dog in common areas can pose a risk to residents. Similarly, in a pet store or veterinary clinic, stressed or untrained animals may exhibit unpredictable behavior. Even in someone’s home, where a dog may feel protective, visitors can be at risk.
Treatment and Rabies Shots:
In the unfortunate event of a dog bite, seeking medical attention is paramount. Treatment often involves a series of rabies shots, which can be painful and necessitate multiple visits. Rabies is a serious and potentially fatal viral infection, making the shots a crucial preventive measure. The physical and emotional toll of such treatment underscores the importance of holding dog owners accountable for their pets’ actions.
Recovery Through Homeowner’s Insurance:
For those injured by a dog bite, recovery may be possible through the dog owner’s homeowner’s insurance. Homeowner’s insurance typically covers liability for injuries caused by the insured’s dog. This avenue can provide compensation for medical expenses, lost wages, and other damages. Anna Aleksander Attorney can guide you through the process of navigating homeowner’s insurance claims to ensure you receive the compensation you deserve.
As the legal landscape surrounding dog bites evolves, Kentucky’s new strict liability laws demonstrate the state’s commitment to public safety. Understanding the implications of these laws is crucial for both dog owners and the general public. By doing so, we can contribute to fostering a safer environment, ensuring that the bond between humans and their furry companions remains one of joy and companionship rather than harm and liability. For a free consultation on your dog bite case, call Anna Aleksander Attorney at 502-589-0816. Remember to obtain the dog owner’s information promptly to explore recovery options through homeowner’s insurance. Stay informed with our blog for more insights into Kentucky’s stringent dog bite laws.
Kentucky Dog Bite Settlements: Understanding Comparative Fault, Provocation, and Fair Compensation
Dog bites can lead to severe injuries and emotional trauma. If you or a loved one has experienced a dog bite incident in Kentucky, it’s crucial to understand the legal aspects, including comparative fault and provocation, that can impact your settlement. In this informative blog post, we will delve into the topic of Kentucky dog bite settlements, exploring how these factors affect compensation and the necessary steps to take for fair and just outcomes.
1: Understanding Kentucky Dog Bite Settlements and Compensation
Kentucky dog bite settlements are determined by a range of factors, including the severity of injuries, medical expenses, and the impact on the victim’s life. Comparative fault is an essential aspect of Kentucky law, which follows the “pure comparative negligence” rule. This means that even if the injured person bears some responsibility, they may still be eligible for compensation, although the amount awarded will be reduced based on their level of fault.
In addition, provocation plays a significant role in dog bite cases. If the injured person provoked the dog or engaged in behavior that reasonably led to the attack, it can impact the settlement value. It is crucial to consult with an experienced dog bite attorney in Kentucky who understands the nuances of these factors and can advocate for fair compensation on your behalf.
2: Essential Steps to Take After a Dog Bite Incident in Kentucky
Taking immediate and specific actions after a dog bite incident is essential to protect your rights and strengthen your claim. Begin by seeking prompt medical attention to address your injuries and ensure proper documentation. Document the incident by taking photographs of the wounds, torn clothing, and the location where the attack occurred. Additionally, gather contact information from the dog owner and any witnesses present during the incident. Reporting the incident to the appropriate authorities, such as animal control or the police, is also crucial.
To navigate the legal process effectively, it is vital to consult with a dog bite attorney experienced in Kentucky law. They will guide you in building a strong case, gathering evidence, and evaluating the potential settlement value based on the severity of your injuries, medical expenses, and other relevant factors. With their expertise, you can pursue fair compensation and a just outcome for your dog bite injuries.
Kentucky dog bite settlements are influenced by factors such as comparative fault, provocation, and the impact of injuries on the victim’s life. Understanding these aspects and taking immediate action after a dog bite incident is crucial for protecting your rights and seeking fair compensation. By consulting with an experienced dog bite attorney in Kentucky, you can navigate the legal complexities and increase your chances of securing a favorable settlement. Remember, seeking personalized legal advice tailored to your circumstances is vital to achieve a fair and just outcome in your dog bite case.
Child dog bite injuries can have devastating effects on their physical and emotional development. The impact of a dog bite can extend beyond the immediate physical harm, causing long-lasting trauma and fear. Children may experience difficulties in social interactions, develop anxiety or post-traumatic stress disorder, or require ongoing therapy to address the emotional aftermath. It is essential to seek appropriate medical and psychological care for your child after a dog bite incident. By documenting the full extent of their injuries and consulting with an experienced dog bite attorney, you can ensure their rights are protected and pursue fair compensation for their physical and emotional recovery.
Personal Injury and Car Accident Claims and Settlements in Kentucky: What You Need to Know
Car accidents are a common occurrence on Kentucky roads, causing thousands of injuries and fatalities every year. If you have been injured in a car accident in Kentucky, it’s important to seek legal representation from an experienced personal injury attorney or car accident lawyer to help you navigate the legal system and maximize your compensation.
In Kentucky, personal injury law covers a wide range of accidents and incidents that cause harm to a person’s body, mind, or emotions. Some of the most common types of personal injury claims in Kentucky are car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. If you have been injured in any of these accidents, you may be entitled to compensation for your damages, such as medical expenses, lost wages, and pain and suffering.
To file a personal injury claim in Kentucky, you must prove that the other party owed you a duty of care, breached that duty of care, caused your injuries or damages, and that you suffered actual damages. In car accident claims in Kentucky, there are specific laws and regulations that you should be aware of, such as Kentucky’s no-fault system, comparative fault rule, and statute of limitations.
Under Kentucky’s no-fault system, you can choose whether to pursue a no-fault claim with your own insurance company or a fault-based claim against the other driver. No-fault claims cover your medical expenses and lost wages up to a certain limit, regardless of who caused the accident. Fault-based claims require you to prove the other driver’s negligence or recklessness and allow you to recover a broader range of damages.
If you are found partially at fault for the accident, your damages will be reduced by the percentage of your fault under Kentucky’s comparative fault rule. Therefore, it’s crucial to have a skilled personal injury attorney or car accident lawyer on your side to help you gather evidence and build a strong case.
In Kentucky, you have one year from the date of the accident to file a personal injury claim. If it’s a car accident the statute of limitations may be longer. Therefore, it’s important to act quickly and seek legal advice as soon as possible.
If you decide to pursue a personal injury claim in Kentucky, you may be able to reach a settlement with the other party or their insurance company, or you may have to go to court and have a jury decide your case. Settlements in personal injury cases can help you avoid the cost and uncertainty of a trial, but you should consult with your lawyer before accepting any settlement offer.
Ultimately, the outcome of your personal injury or car accident claim in Kentucky will depend on the facts and circumstances of your case. However, with the right legal representation and a thorough understanding of your rights and options, you can pursue the compensation you deserve and move forward with your life.
Remember, if you have been injured in a car accident in Kentucky, don’t hesitate to contact a personal injury attorney or car accident lawyer to schedule a free consultation and discuss your case. Your lawyer can help you navigate the legal system, negotiate with insurance companies, and fight for your rights and interests.
Certainly, here are a couple of recent case law examples that may apply to personal injury and car accident claims in Kentucky:
- Lawson v. Halstead, 598 S.W.3d 14 (Ky. App. 2019)
In this case, the Kentucky Court of Appeals held that a driver who fails to use their turn signal may be found negligent and liable for damages in a car accident. This decision reinforces the importance of following traffic laws and signals while driving, and may be relevant in cases where a driver’s failure to signal leads to an accident.
- Mullins v. Commonwealth, No. 2020-SC-0399-DG, 2021 Ky. LEXIS 171 (Ky. July 1, 2021)
In this case, the Kentucky Supreme Court ruled that Kentucky’s statute of limitations for personal injury claims is not tolled, or extended, by a defendant’s bankruptcy. This means that if the defendant in a personal injury case files for bankruptcy, the plaintiff must still adhere to the statute of limitations and file their claim within the specified timeframe. This decision underscores the importance of timely filing in personal injury cases, and highlights the potential impact of a defendant’s bankruptcy on the case.
Child Support Reduction if you are receiving Social Security Disability or Social Security Retirement.
Not everyone knows that if you have minor children and are either receiving SSDI or Social Security Retirement you may receive credit against your child support obligation for independent payments received by your minor child.
Make sure that when you become eligible for social security that you go to the Courthouse or the child support office to make changes to your child support obligation. In Kentucky there is no retroactive modification.
Children whose parents are disabled and or receive social security retirement income are entitled to draw a derivative benefit. This is considered an independent resource of the child and reduces your child support obligation.
Sensitive Deadlines: You should contact the Social Security Administration to find out about any retroactive benefits which you may have missed for your children.
According to the Social Security Administration, under certain circumstances benefits can be paid to a stepchild, grandchild, step- grandchild, or adopted child.
To get benefits, a child must have either:
• A parent who is retired or has a disability and is entitled to Social Security benefits.
• A parent who died after working long enough and having paid Social Security taxes.
KRS 403.212 “Gross income” includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment insurance benefits,
disability insurance benefits, Supplemental Security Income (SSI), gifts,prizes, and alimony or maintenance received.
Specifically excluded are benefits received from means-tested public assistance programs, including but not limited to public assistance as defined under Title IV-A of the Federal Social Security Act, and food stamps.
IMPORTANT EXCEPTION AND CREDIT
SEE KRS 403.211 (15) A payment of money received by a child as a result of a parental disability shall be credited against the child support obligation of the parent. A payment shall not be counted as income to either parent when calculating a child support obligation. An amount received in excess of the child support obligation shall be credited against a child support arrearage owed by the parent that accrued subsequent to the date of the parental disability, but shall not be applied to an arrearage that accrued prior to the date of disability. The date of disability shall be as determined by the paying
If you are the custodial parent of a child make sure to explore these options when applying for SSDI or retirement income. Also explore this option as soon as you learn that the other parent has applied.
If you need to modify your child support up or down and need legal advise, contact the Aleksander Law Office, PLLC Attorney Anna Aleksander at 502-589-0816. Modification of child support requires a Motion. Remember even though you may get credit for arrearages for SSDI or Social Secuirity Retirement retroactive to the date of your disability, the same rule does not apply to parents who do not receive social security benefits. Child support modifications are not retroactive and a modification maybe warranted if there has been a material change in circumstances. At least a 15% change in support amount creates a rebuttable presumption of the change. Likewise with the new time-sharing child support laws, a change in time sharing that results in at least a (+) or (-) 15 parenting days can be grounds for child support modification in Kentucky.
Written by Anna Aleksander, Attorney. Disclaimer: This article does not contain legal advise and may not be up to date. 2023
Truck Accident Injury Lawyer in Kentucky
Kentucky Personal Injury Lawyer Anna Aleksander I handle truck injury accident cases in Kentucky. Also licensed in NY. Get the compensation you deserve. 502-589-0816 Free Consultation with a truck injury lawyer!
A devastating injury can happen in an accident with a big commercial truck. Unfortunately, many people in USA die in commercial truck accidents due to the negligence of the big truck drivers.
Inattention, fatigue, talking on phone while operating a truck, eating, falling asleep, drinking on the job, failure to properly maintenance the truck can all lead to crashes that result in serious injuries to innocent drivers. If you or a loved one has suffered an injury or death as a result of the negligence of a truck driver, call Anna Aleksander, Attorney at Aleksander Law Office PLLC.
Don’t expect the truck drivers, their employers or their insurance companies to admit fault right away and to pay you your damages even if you are seriously hurt. Just like all other insurance companies who like to fight hardball with injured claimants, the truck companies are not different. An experiences truck accident lawyer will fight for your rights to get you the compensation that you deserve. The truck accident injuries tend to be more severe and more economically devastating for the injured.
It is important to preserve the evidence right away. Call lawyer Anna Aleksander, Aleksander Law Office, PLLC 502-589-0816 right away do not wait because important evidence can disappear fast.
What is the typical Truck Injury Settlement amount? Truck injury settlements tend to be much higher. Obviously is due in part to higher policy limits and the injured parties may be able to get more compensation due to this fact. In order to get compensation, the injured claimant must prove the following (N) Negligence+ (C) Causation + (I)Injury +(L) Loss/Other losses or economic losses such as pain and suffering, past and future medical bills, past and future economic losses, loss of earning capacity, loss of income. Depending on the severity of the injury the settlement payout should take into account all of the injured person’s losses. Compensation depends on expenses, pain and suffering and loss of earnings past present and future.
Truck drivers must comply with FMCSA regulations. Accidents may occur due to failure to follow federal regulations such as 49 CFR 395 (Hours of Service), 49 CFR 40 drug and alcohol testing. The CFR 392.2, requires truck drivers to follow laws, ordinances, and regulations of the jurisdiction unless the federal regulations have a higher standard in which case the federal regulations control. 392.27 imposes an independent duty on the drivers to inspect the truck to make sure that it is in working order including service brakes, including trailer brake connections, parking (hand) brake, steering mechanism, lighting devices and reflectors, tires, horn. windshield wiper or wipers, rear-vision mirror or mirrors, coupling devices, wheels and rims, emergency equipment. Likewise, truck drivers are not allowed to text or use a hand held phone devices while driving.
These and other violations may result in driver inattention and serious injuries and fatalities.
It is very important to investigate the truck driver and the circumstances of the wreck. Often times the truck maybe removed from the scene and taken to a storage yard. Timing is important. Inspecting a truck as soon as possible after the wreck is very important as it may present clues about the wreck. Truck companies must also comply with safety registration requirements. The inspection of the truck may disclose vital information which may otherwise remain unknown and which maybe very important to the Plaintiff’s case.
CHILD SUPPORT REDUCTION FOR PARENTING TIME AND OTHER UPDATES TO KENTUCKY CHILD SUPPORT LAWS.
After many many years of total inactivity, the Kentucky Legislature changed the child support laws in Kentucky and updated them to comport with the changing times recently changing the guidelines and amounts of child support and on March 31, 2023 updating the formula used to calculate support.
The new child support law went into effect on March 31st, 2023. It appears that there is now a new child support worksheet that looks different than it did before. I predict it will be a big mess for a while, and will take some time for most lawyers to get used to the new support worksheet. The changes are not major but here are some things you should know if you want to modify your child support.
First, you never know whether or not modifying will benefit you or not. As such I strongly advise asking a lawyer first. Second, the most important change is allowing credit to parents for shared parenting time. Note and this is very important! There is no retroactive modification of child support in Kentucky. You must modify as soon as you think you need to lower your payments if you are the (obligated parent) or increase them if you are the (recipient). You can only modify if there has been a material change in circumstances such that there is at least a 15% difference in the support amount. When there is at least 15% change and it is continuing then its time to revisit your child support obligations.
New Laws that give non-custodial parent some credit do not apply if the child is receiving public assistance.
When can a non-custodial parent get credit for their parenting time? The new law requires 1) consistent exercise of parenting time and 2) at least 73 days per year. Day is defined as 12 consecutive hours in a 24 hour period. I am paraphrasing the statute here so if you want to see the law please read KRS 403.2121.
Assuming that a parent exercises visitation of every other weekend and such days add up to 73 (12 hour periods) then that parent may get a reduction in the child support due. The more parenting time exercised with the child the bigger the credit. Also it’s important to note that the parenting time must be “court ordered or approved.” What this will mean exactly is not certain, but it may mean that a formal modification maybe required. I can anticipate a scenario where one parent fails to make a motion to modify relying on a verbal agreement of the other party or thinking that they can go to court later and use “shared parenting time” as a defense when they fall behind on their child support. Maybe that will be the case, however, that’s not how the statute reads. After all it has always been a defense if arrears accrue but because there is no retroactive modification, the new language appears to call for a formal modification by stating that parenting time must be court ordered or approved. Maybe the term approved will mean -subsequently approved— just not too clear at the present time. A parent can modify child support now following a 15% change in the number of time sharing days.
The chart below copied from the statute uses a % adjustment based on parenting days.
Also the Court can use it’s discretion to adjust child support based on factors specified in KRS 403.2121 (3) (b).
New Kentucky child support law KRS 403.212 creates a self support reserve that applies to poorer parents who make under a specified amount.
Written by Anna Aleksander, Attorney
Suing negligent third parties in Kentucky in addition to filing your Worker’s Compensation Claim. If you were an “Employee” then Worker’s Compensation is an exclusive remedy against your employer. However you can still sue third parties, and your employer if you were not really an employee.
In Kentucky you can pursue a worker’s compensation claim and also file a lawsuit against a negligent torfeasor who caused your injury.
Comon injuries that take place at work: Car, truck accidents, work related slip and falls, falling objects, dog bites, and more. In Kentucky worker’s compensation is an exclusive remedy. You cannot sue your employer and are limited to receiving worker’s compensation benefits only.
However, if you were not an employee, then the rule does not apply. If you were an independent contractor and worker’s compensation does not apply to you, then may sue your employer. Furthermore, Aleksander Law Office, PLLC , Anna Aleksander Attorney who has recovered a lot of money for the injured is ready to help you file a claim against negligent third parties who caused your injuries while you were at work. For example, you were driving in your work vehicle, delivering food or medicine when a negligent driver caused a wreck, or delivering a package when bit by a vicious dog, or if you slipped and fell while working. You can get both worker’s compensation and sue the negligent driver or the negligent tortfeasor.
No double recovery rule in Kentucky and a “Worker’s Compensation Lien.” You may sue the negligent third party, but there will be a lien for the worker’s compensation benefits against your recovery from a third party. Worker’s compensation benefits maybe reduced to avoid double recovery. Sometimes the worker’s compensation lien maybe negotiated down. They are not entitled to repayment for the following 1) Pain and Suffering, 2) Mental Distress, 3) Benefits which they have not paid, 4) attorney fees (pro rate share). They can only assert a lien as to those benefits which duplicate worker’s compensation benefits paid.
Uninsured Motorist Coverage: The worker’s compensation lien cannot be asserted against any recovery made by the injured Plaintiff. That means 100% of that recovery is yours free and clear.
If you have been injured by a third-party while on the job, you should speak with a lawyer right away. If your injury was in a vehicle, you may also be entitled to PIP benefits. However your PIP benefits will be available only to the extent that worker’s compensation benefits have not paid for your injury.
It hardly seems fair that you as a Plaintiff would have to reimburse worker’s compensation out of your injury settlement against a third party. Why should they benefit from your efforts and your lawsuit against a third party. KRS 342.700 gives the employer subrogation rights. Sometimes, you may try to get them to assign to you their rights to subrogation. Technically they cannot waive such rights, however they can assign them to the Plaintiff if they so wish.
If you have been seriously injured by the negligence of a third party, don’t hesitate to call Anna Aleksander at Aleksander Law Office, PLLC . I will be happy to discuss with you any injury case which you may have. The call is free 502-589-0816.
Written by Anna Aleksander, Attorney
NEW RULING FROM THE KENTUCKY SUPREME COURT ON JUNE 16, 2022. TRACKING OF YOUR CELL PHONE LOCATION DATA WITHOUT A WARRANT IS NOT ALLOWED IN KENTUCKY.
” CSLI” stands for Cell Site Location Information. It can pin and determines a person’s real time location on a phone.
Commonwealth v. Reed, Kentucky Supreme Court 2022.
Commonwealth v. Reed, was a case that went to the Kentucky Court of Appeals and then ended up in the Kentucky Supreme Court. Police tried to find a suspect after a victim accused him of a crime. They found him by using his cell phone location.
The Court of Appeals reversed the decision of the trial court, finding that police acquisition of a person’s CSLI implicates significant privacy concerns and thus the Fourth Amendment requires a warrant to search a person’s CSLI.
Finally, a decision from the Kentucky Supreme Court which states that police can’t track your cell phone location without a search warrant. Real-time CSLI is not a passive location record but data generated by an affirmative action—a “ping”—taken by the cell-service provider at the behest of a law enforcement. By “pinging” an individual’s cell phone, the cell-service provider is able to determine, instantaneously, the cell phone’s location in relation to the available cell sites and to communicate that location information to law enforcement
We find this usurpation of an individual’s private property profoundly invasive, and we liken it to a technological trespass, wrote the Kentucky Supreme Court. Hooray! Such an appropriation of an individual’s cell phone is precisely the sort of invasion that we find the average citizen unwilling to accept. This Court has long recognized “the importance of maintaining our right to privacy against intrusion by electronic surveillance.”
Absent an exception to the warrant requirement, as described below, law enforcement must obtain a warrant before acquiring a person’s cell-site location information
This is amazing news for Kentuckians who cherish their privacy. Some would not mind obviously if a dangerous criminal was apprehended through this means. However, this ruling is great because it will protect innocent unsuspecting citizens from wrantless snooping by law enforcement and intrusions.
The Kentucky Supreme Court went on to state that normal exceptions to the warrant requirement still apply. As such, I have a feeling the intrusions will still take place with police relying on warrant exceptions, but it won’t be as easy for them to argue that the exceptions should apply.
The exceptions are as follows:
- including searches or seizures performed in the course of a protective sweep
- while in hot pursuit of a suspect
- with a suspect’s consent
- incident to a lawful arrest
- on automobiles, during a “stop-and-frisk,”
- as an administrative inspection
- objects in the officers’ plain view
- exigent circumstances that require “swift action to prevent imminent danger to life or serious damage to property, and action to prevent the imminent destruction of evidence.”
However, the ruling should offer more protection to citizens than the law allowed before.
The Kentucky Supreme Court refused to apply the “exigent-circumstances exception,” stating that if “this Court were to find the exigent-circumstances exception to apply in Reed’s case, such an exception could be applied to any case in which a suspect is accused of criminal conduct and the police seek to capture that suspect.” What that means is that the Court refused to find exigent circumstances when the facts didn’t support such a finding. That is great! As such the trial court will likely have to engage in very detailed and sensitive fact analysis and dissection and not simply classify something as an exigent circumstance.
Suppression of the Evidence, long standing rule. It has been long ago established that the Fourth Amendment to the U.S. Constitution requires exclusion of evidence obtained by the police illegally. This is called the “exclusionary rule.”
EXCEPTIONS TO THE EXCLUSIONARY RULE
There are several established exceptions to the exclusionary rule, including
- the independent-source doctrine
- the inevitable-discovery doctrine
- the attenuation doctrine
- and the good-faith exception
What does all of this mean? It means that now there is a blanket rule police can’t search your phone location without a warrant, but exceptions may apply.
Will you always win a suppression hearing? Probably not if any of the above exceptions apply. However, now with this ruling you will have a better chance at winning and having illegally obtained evidence suppressed.
If you have been charged with a crime in Louisville Kentucky, call a Criminal Defense Attorney Anna Aleksander at Aleksander Law Office, PLLC.
Anna Aleksander offers free consultations! (502)589-0816
Blog written by Anna Aleksander, Attorney at Aleksander Law Office, PLLC copyright 2022.
PERSONAL INJURY IN KENTUCKY
CAR ACCIDENT ATTORNEY ANSWERS YOUR QUESTION: HOW MUCH IS MY CLAIM WORTH?
HOW MUCH MONEY CAN I GET FOR MY INJURY? 502-589-0816
LOUISVILLE PERSONAL INJURY LAWYER
Anna Aleksander answers your questions about the value of your injury case.
Hello and thank you for reading my blog. My blog is based on my many years of experience and in personally representing clients in their injury law claims. Because of this I feel like I am familiar with and know the insurance companies handle cases. I know all of the games that are being played by insurance companies and the defense lawyers that they hire. Sometimes you get justice but more often than not you don’t and that’s because the insurance companies do not want to pay claims.
I frequently laugh sadly when I hear people talk about lawyers and the stress involved in getting justice for the client. For example, they don’t send another doctor into the operating room to kill the patient. Well they do in the legal field and that’s obviously a problem when you are seriously injured and that’s the very reason why you need lawyers like me. When you are injured and have a legitimate claim, the insurance company hires a team of defense attorneys to try to defeat and undermine your claim to avoid paying. This can involve hiring private investigators to follow you around, sit by your house, making unreasonable requests to obtain your past private medical records, digging into your background and sometimes even dirtier tactics could be employed. Obviously dirty tactics could result in a bad faith claim which would entitle the claimant to an even bigger recovery. Nonetheless, the issue in this blog are about the settlement value of your claim.
How much is my claim worth: The answer it depends. It could take months or even years to get what you think you deserve. The insurance companies tend to undervalue claims. The worst thing you can do is accept their offer without first speaking with a personal injury lawyer. They use software and ratings to come up with the lowest value for your injuries and they try to get away with it and that’s with a lawyer. Imagine their offers without a lawyer? Well it’s even worse. They might offer a minimal amount of money to you to get you to go away. Your claim maybe worth the limits but they may offer you the nuisance value of the claim. This is a tactic to get rid of you before you seek a lawyer. I suggest you don’t fall for it and call me or another personal injury lawyer right away.
There is no hard and fast rule for determining the value of a claim and much depends on the type of claim you have. Obviously the more serious claims may require an expert determining the value of your lost earnings past, present and future and or your earning capacity. In wrongful death cases, the earning capacity of the deceased matters very much. In a car accident case, the past present and future lost wages can be determined based on the amount of money the injured person used to earn, or the number of days missed from work. The pain and suffering past present and future, the demineshment in the quality of your life, the past medical bills, the future medical bills, and the expenses incurred and which will be incurred are all part of the formula. Obviously there is no formula it is based on the elements of loss which are compensable at trial. It’s one big pot of damages and everything goes into the pot. If you are a hand model and your hand is broken, it is worth much more than another person’s broken hand. If you are a professional sports player player or a ballerina who makes money by dancing, the your broken leg is worth much more because the injury to you is financial and effects not only you physically, mentally but also your livelihood.
Some insurance companies like to pay out pain and suffering based on a certain dollar amount for each day of your suffering. The rule of thumb is to know what you may get at trial. As a personal injury lawyer I can research the average settlement value of a claim or look at past jury verdicts. Still your injury or treatment may not be the same as someone else’s. Which doctor you treated with may make a difference. If your doctor is a reputable M.D. versus a chiropractor, the amount of treatment, the length and the modalities of treatment all effect the settlement value.
Obviously at the end of the day you can’t predict with certainty what the jury might award you at trial. The settlement negotiations that take place with insurance companies and their defense attorneys take that into account.
For example if your medical bills are 10k and your lost wages are 5k and you have fully recovered, the demand amount may be as you think appropriate, however, that’s 15 k in economic damages. We can demand 2 o 3 or 4 times that amount to allow room for negotiatons. The worse the injury the higher the multiplier. This method is only one of many used because there is no statutory formula or any law requiring any particular formula.
One thing is for sure is don’t settle your case until you are satisfied with the amount. Obviously the amount you settle for should be reasonable in light of the injury suffered. If you can’t get what you think your case is worth and I agree with you, then I will file suit on your behalf.
Note that you will not be paid right away unless the insurance company just hands over the limits of their policy on day one. Instead the likely scenario will be as follows:
1. You will treat with your doctors until fully recovered.
2. As your lawyer I will request your records and medical bills from each of your medical providers.
3. I will discuss with you your expectations and make a demand for the amount that you wish.
4. Sometimes additional medical experts or medical opinions are required.
5. Insurance company will respond to the initial demand typically within a few weeks.
6. They will make an offer and I will call you. If they make an offer that we feel is too low we keep trying to negotiate. If we can’t reach an agreement which becomes pretty obvious pretty early in the case then we file suit. Sometimes it’s tempting to wait and avoid filing suit because the negotiations are moving but not at the pace you want. In other words you ask for 50k but they offer you 10 and then try to come up in small increments of 2-3k this can go on forever and this could be a delay tactic, 6 months later they moved up to from 10k to 13 k to now 18 k and finally 20k, but you really mean it you want 50k. Should you continue to wait and play their game? I’ve learned that it is better to file suit right away because a year later you could have 25k offer and a year wasted but if you don’t want 25 k then it’s useless to you it’s time that has been taken away from you and of course time is money.
What about serious injuries? Burns, loss of limb, broken bones, back injuries, neck injuries, head trauma. The more severe the injury the more likely it is to resolve sooner than later.
What about money for your medical bills while you are still treating? Most insurance policies pursuant to Kentucky No fault Laws will pay up to at least 10k for your medical bills and or lost wages. You must not have rejected the no fault protection. At times your policy may cover more than 10k if you paid extra premiums. These are no fault benefits and are referred to as “PIP” which stands for personal injury protection. Your insurance company or the insurance company of the driver if you were a passenger in a vehicle will pay and they will then seek recovery or reimbursement from the at fault party.
Copyright Anna Aleksander Aleksander Law Office,PLLC 2022. Disclaimer: This blog should not be used in lieu of legal advice and may not apply to your specific circumstances therefore please contact a lawyer.
Premises Liability in Kentucky in short when something bad happens to you on another’s premises. The injury occurs due to the negligence or wrongdoing of the premises owner.
Kentucky Law Differentiates based on the status of the individual. In other words ask yourself how is it that I ended up at this location?
You are either an invitee, a licensee or merely a trespasser.
Invitee: You are on the premises for the benefit of the owner. For example you are shopping at Wal-Mart. You are eating at a Restaurant, or you are doing laundry in a Laundromat when suddenly you slip on a puddle of liquid. The business owes you a duty of reasonable care to discover and to prevent dangerous conditions and/or to warn you.
Licensee: You have permission to be on premises but you are not there for the benefit of the owner. Example: You are meeting a friend in a lobby of an office building next to a park and then the two of you are going to the park. You may not be a trespasser if this building allows general public to enter it’s premises, however you are not there for the benefit of the landowner either and therefore you are a licensee. However, if for example the building lobby had a newspaper stand and you went there to buy a newspaper then you maybe an invitee. The business owes you a duty of reasonable care to warn you or dangerous conditions that they know about and about which you don’t know. They also have a duty to maintain their premises in a safe condition. They would be liable for gross negligence if they acted willfully or intentionally resulting in your injury.
Trespasser– You are not supposed to be on the premises. Owner would only be liable for the intentional, willful, wanton, or reckless conduct that resulted in/caused your injury.
Different standards apply based on your status and different duties of care.
Invitees are owed a higher standard of care than trespassers.
IF YOU’VE BEEN INJURED ON THE PREMISES OF A BUSINESS ESTABLISHMENT OR EVEN IN SOMEONE’S HOUSE, MAKE SURE TO CALL ATTORNEY ANNA ALEKSANDER T DISCUSS YOUR POTENTIAL CLAIM.
STATUTE OF LIMITATIONS IN PREMISES LIABILITY CASE- In Kentucky it is 1 year from the date of the injury, unless an exception to the rule applies. Discuss your claim with a lawyer.
OPEN AND OBVIOUS NO LONGER A COMPLETE BAR TO RECOVERY!!
The Supreme Court noted that a landowner is not excused from his own reasonable obligations to insure the safety of his premises “just because a plaintiff has failed to a degree, however slight, in looking out for his own safety.”