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 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.

29 South Main St.
Winchester, Kentucky 40391
Phone 859-759-4404
Fax 859-737-0370
Toll Free 1-866-542-2293

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