Frequent Questions

NOTICE: The following is intended as general information only, not legal advice to any individual

1. Do you charge for initial consultations?

No. Initial consultations are at no cost to you. This allows me to find out what I need to know about your situation. Until I have heard the facts from you, I won’t know whether I can help.

2. If I’ve been in an accident, do I need a lawyer?

Maybe. If no one is injured, then probably not. Many property damage claims can be negotiated without resort to lawyers. If your property damage negotiations are not going well, then consulting an attorney might be necessary to move them forward. If you have been injured in the accident and have insurance on the car you were in, your medical bills and some of your lost wages (up to $200 per week) should be handled by your insurance carrier up to the limits of your personal injury protection insurance. (Motorcycle accidents may be handled differently depending upon coverage. See the related article elsewhere on this website.) This is usually $10,000 unless you have purchased additional coverage. If you recover quickly and completely from your injuries, then you probably don’t need an attorney. Do be aware of the statute of limitations for filing injury claims arising from motor vehicle accidents in Kentucky, which is two years from the date of the accident or from the date of the last PIP ("Personal Injury Protection") payment. The safest date to use is two years. If you have serious injuries which will have long lasting or even permanent effects, keep you off work or limit your ability to work in the future, then you may well need an attorney to handle negotiations with the insurance company for the party at fault. If you are the party at fault and have insurance, you need to turn in the accident report and all information to your insurance company as soon as possible.

3. Someone is suing me because of a motorcycle or automobile accident. Do I need a lawyer?

Yes. If you have received suit papers in the mail or by personal service, you need to get these to your insurance carrier as soon as possible. You have, in Kentucky, 20 days from the time when you receive the papers before a default judgment can be rendered against you. If a default judgment occurs, it will be very difficult if not impossible to avoid serious consequences. If you do not believe you were at fault and you have injuries from the accident, you may need an attorney of your own to file a counterclaim against the other party.

4. What kind of fees does your office charge for representation?

Personal injury cases such as motorcycle or automobile accidents or injuries caused by falls or other accidents are usually handled on a contingent fee basis of one-third of the amount recovered. This percentage is figured on the gross amount of the settlement or award, before the expenses of the litigation are deducted. This office will advance the expenses of the litigation and only recover them if an award or settlement is received. This means that in most cases there is no fee or cost unless we are successful in achieving a settlement or verdict for you. Some cases, depending upon the risk, may require a slightly higher contingent fee arrangement. Cases that do not involve a personal injury situation are usually handled on an hourly basis with the rate dependent upon the circumstances. As stated in an earlier answer, there is no charge for initial consultation.

5. Will you tell me what my claim is worth?

Not on the first interview.  There is no fixed value for any type of claim.  What sets the value of any case is what a particular jury in a particular county would write on the last page of the jury instructions for each of the elements of damage on the day the case is tried.  The insurance company has no incentive to pay more than they think, all things considered, they'll lose at trial. There are typically five elements of damage for consideration: Past Medical Expenses, Future Medical Expenses, Lost Wages, Future Impairment of Power to Earn Money and Pain and Suffering.  Trying to predict what a jury will do with these elements involves consideration of the venue (the county where the case is filed), the medical evidence on both sides, the client's prior medical and accident history, the expected testimony of the witnesses on both sides and a host of other intangible factors that only experience can illuminate.  We'll talk about each of these things as your case progresses.

6.  Will I talk to you or get shuffled off to someone else?

I am the attorney in this office and I talk personally to every client from the initial interview through discovery and mediation or trial.  I have other staff, such as medical paralegals and investigators, and they may talk with you as the need requires, but the buck stops with me.

7. What will happen when I file suit against the other person?

In a personal injury case, the party suing for damages is the “plaintiff” and the party being sued is the “defendant”. In most cases, the defendant has insurance coverage that will hire for him/her an attorney and will finance the costs of defense. That defense attorney will file an answer to the suit and almost certainly will serve “discovery” requests on the plaintiff. These are written questions which must be answered under oath regarding the facts of the accident, the medical and employment history of the plaintiff both before and after the accident, damages claimed and other matters. Typically, after the written questions have been answered, by both sides, depositions are taken. That is a question and answer session, in the offices of one of the attorneys, with a court reporter present taking a transcript of what is being said. These are used to find out, on both sides, what exactly will be claimed and testified to if the case does proceed to a trial. Once the “discovery” phase has been completed, it is common for the court to order, or the parties to agree on, mediation. If mediation is unsuccessful, the case probably will go to trial. The trial probably will be in front of a jury, but in some cases it may be a trial only before the judge.

8. What is “mediation”?

In Central Kentucky, the courts have been making increased use of mediation since roughly 1996. It is a procedure in which your lawyer and the lawyer on the other side select a neutral mediator who listens to both sides of the case in an informal setting and then points out to each side the respective strengths and weaknesses of each in an effort to reach a settlement. In mediation, you will never get what you might have obtained on your best day in court....but you also won't get what would be your worst day in court, nothing. Mediation usually reaches a result that neither side feels comfortable walking away from, and that’s about as close to “fair” as a system can get.

9. Why do I have to “prove” my case?

In our legal system, anyone can make allegations against another person or entity if they have a good faith belief that they've been harmed by that persons actions or failure to act. But our system insists that the person making the allegations must present proof, rising to the applicable standard, that the things they say and the damages they claim are true. For most personal injury cases the proof standard is “preponderance of the evidence”, sometimes explained as “more likely than not”. Think of it in terms of someone making a claim against you. You'd want them to have to prove it.

10. What is “PIP”?

Personal Injury Protection insurance. It’s a subject with many twists and turns, but in simple form, it’s the insurance on the vehicle you're in (or are struck by, if you're a pedestrian) that pays your medical expenses and lost wages regardless of whether you or the other person are at fault. It is what most people refer to as “no-fault” insurance. It is required for automobiles but optional for motorcycles which leads to some rather serious complications for motorcyclists. See the related article.

11. What insurance coverages do I need?

A simple question to ask, but one very complicated to answer. I've been representing people who have been involved in accidents (“personal injury work”) for a long time now and I have learned very few people (including some insurance agents and attorneys) understand what they need or even what they've got.

Here’s the bottom line: you need enough insurance to protect what you've got to lose.....read more