Elements Of A Negligence Claim In Kentucky
Personal injury cases are often brought before the court as negligence claims. These claims can be confusing and scare for a person who has recently suffered a personal injury, such as a car wreck or slip and fall. That is why we have broken down the elements of a negligence claim below.
When a negligence claim is brought, the person who brings the suit (known as the Plaintiff) must show that the person being sued (known as the Defendant) was negligent. There are several different elements of a negligence claim. To prove negligence on the part of the Defendant the Plaintiff must show all of the following elements:
- That the Defendant owed a duty to the Plaintiff.
All people owe a duty to everyone else to be reasonably careful. In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road. This can include: passengers, persons in other vehicles, and pedestrians. Continue reading
A Morbid Conversation About Preparing to Die
Most of us want to do whatever we can to make our own deaths as easy on our families and loved ones as possible. As most people already know, a part of that is making sure that you have an accurate and up to date valid will. But the purpose of this discussion is more about self-help advice, than it is reminding you to come to our office for any legal services.
Where to Start
Something I see rather frequently in my practice is families coming in after a loved one has passed and no one has any idea where to begin. They know that something must be done at the Courthouse and it is usually helpful to have a lawyer, but that is it. Often, they do not know if the person who passed had a valid will or where it is located. They do not know if they had investments or life insurance or any other types of assets. If they do believe the deceased had life insurance or an investment portfolio, they often do not know what company managed the accounts. Continue reading
Preparing To Die Young
I know this is a rather callus way to start a conversation. But frankly we are all going to die and need to be prepared to do so. This is a conversation that I as an attorney tend to find myself having more with older people, but none of us really have the promise of tomorrow.
Dying Young, Or At Least Youngish
Preparing to die young is an important task that too many of us avoid. In my opinion, it is more important for younger adults, who still have minor children to have a properly prepared will; than it is for someone whose children are grown. I would imagine that a dying parent who still had children at home would be far more concerned with who was going to look after their children; than how their property was divided. Continue reading
Hurst & Hurst Lawyers Attend Ethics Training In Richmond, KY
Hurst & Hurst Law attorneys, Rebecca and Daniel Hurst attended an ethics training put on by the Kentucky Justice Association. The event took place on March of 2016, in the University Club at Arlington in Richmond, Kentucky.
The speaker for the event was Pete Gullett, with Lawyers Mutual Insurance Company of Kentucky. Mr. Gullett practiced law in Kentucky for many years before starting his work with Lawyers Mutual. He provided invaluable insight to those in attendance about how to conduct a Continue reading
What Is Med Pay In Kentucky?
The short answer is that Med Pay is a form of insurance that only pays for medical expenses resulting from injuries sustained in accident. In many states, it is incredibly important to those injured in auto accidents, however because Kentucky is what we call a PIP (Personal Injury Protection) state; which makes it less important in car wreck litigation. The reason being that PIP will cover everything that Med Pay covers, but it will also cover lost wages.
In Kentucky Med Pay Is Important In Premises Liability
Suboxone Treatment For Substance Abuse In Kentucky
In modern America you would be hard pressed to find anyone who has never been affected in some way by substance abuse addiction. Most of us have had at least one relative or close friend struggle with substance abuse. Addiction can ruin lives and often leads a person to have an interaction with the legal system. Because Hurst & Hurst often handles the legal problems that result from addiction we try to keep abreast of the available treatment options. One newer treatment option is suboxone treatment.
One of the methods used by healthcare providers to attempt to treat addiction to controlled substances is called Medication Assisted Treatment (MAT). In an effort to learn more about MAT, Attorneys Rebecca Hurst and Daniel Hurst attended a seminar February 2016, called “Legal Advocacy and Suboxone” put on by the 50th Judicial Circuit Model Court which took place in Danville, Kentucky. The seminar was attended by Judges, prosecutors, lawyers, social Continue reading
Personal Injury Protection (PIP) And No Fault Insurance in Kentucky
What Are PIP And No Fault Insurance In Kentucky?
The Motor Vehicle Reparations Act (MVRA) mandates insurance companies offer Personal Injury Protection (PIP) with all auto insurance polices sold in the State of Kentucky. The purpose of PIP coverage is to allow a driver to have their car insurance company pay their medical bills and other expenses like lost wages without regard for who caused the car wreck. This is why it is often referred to as No-Fault Insurance.
For people involved in car accidents that only caused minor injuries often their PIP coverage will make them financially whole. For someone with more serious injuries that were caused by a negligent driver, it allows them to receive the medical treatment they need and receive payment for lost wages while attempting to resolve the matter with the at fault driver’s insurance company.
How Much Does PIP Cover In Kentucky?
Do I Need Uninsured Motorist Coverage (UM) In Kentucky?
Uninsured Motorist Coverage (UM)
The purpose of Uninsured Motorist Coverage (UM) is to protect yourself in case you are injured in an auto accident by someone who doesn’t have car insurance. This can easily be confused with Underinsured Motorist Coverage. However, they are separate and distinct types of coverage.
UM is for when you are hurt in a car wreck where the other driver has no insurance at all. It can also be used in cases where the driver fled the scene and cannot be identified. Continue reading
Should I Have Underinsured Motorist Coverage In Kentucky?
What Is Underinsured Motorist Coverage (UIM)?
The purpose of Underinsured Motorist Coverage (UIM) is to protect yourself in case you are injured in an auto-accident by someone who has insurance coverage that is insufficient to cover the cost of your losses.
When most people think of losses in a car wreck the first thing that comes to mind is the damage to their car, but this is often just the tip of the ice berg. Modern medicine is a wonderful thing that can save lives and cure injuries in ways once not thought possible, but if you are seriously hurt in a car wreck you will find the costs of your medical treatment quickly surpass the cost of replacing your vehicle; in addition to lost wages.
Why Should I Have Underinsured Motorist (UIM) Coverage In KY?
Understanding Car Insurance Policies
What is Car Insurance?
Generally, when you ask someone about their car insurance policy they will simply tell you if they have full coverage or liability insurance. Unfortunately, for someone injured in an auto accident this is the least important part of the policy.
If you ask the same question of most attorneys, they answer with a set of numbers. The numbers they are referring to are their insurance policy limits This means the maximum amount their insurance company will pay if they are involved in an accident. They might give an answer like $300,000/$500,000 for bodily injury and $300,000 for property damage.
The reason they give two numbers is insurance companies’ cap how much they will pay for the injuries of a single person and how much they will pay for the entire accident. Continue reading