F.A.Q.

1. What is my case Worth?

There is no rule book on case evaluation. Many factors will play into the valuation mode. Most experienced attorneys will tell you that the location of the injury is an important factor, the circumstances, aggravating or mitigating factors, insurance coverage, who are the Parties and their comparative positions, and many others. By having experience and jury trial in the past, these considerations are weighed to give the client some type of expectation but under the rules of ethics, no guarantees as to the outcome can be made.

2. Can we find out if there is insurance coverage?

Once notice of legal representation is made, most owners or persons with possible liability claims will pass on the notice to their insurance carrier. Generally contact is made by an insurance adjuster and the claim proceeds from there. Every case is different, but if the insurance coverage remains hidden or non-disclosed the Discovery Process should reveal the insurance coverage after the claim gets filed in court.

3. What can be done if multiple parties are involved in my accident?

Multiple parties if identified can be added to a complaint. The complaint does not have to be filed against just one party. The court may apply a mechanism for apportionment between the parties based on their contribution or fault.

4. If I am hurt in a car wreck can I receive coverage for my medical treatment?

In general, most states now have minimum coverage amounts in varying limits. For instance Kentucky’s Medical Coverage sometimes called PIP, or No-fault Coverage is at $ 10,000.00. Other States have differing amounts.

5. If I am injured at work can I be treated under medical coverage?

Most employers are covered by a Workers Compensation Act. This is an administrative system and may be under State or Federal Laws based on the location and type of work involving the injury. Under Workers Compensation Acts, medical coverage is provided if the injury was on the job and properly documented with notice given the employer shortly thereafter.

6. If I am hurt in an auto accident can I recover lost wages?

Initially the injured person may wish to designate the PIP portion of the coverage to lost wages, if the wages are recoverable under the policy and other coverage may be available. Of course careful consideration should be given to insure coverage for medical treatment is not hindered.

7. What if there is no insurance or not enough insurance to cover my claim against the party at fault

Many times your policy may carry with it either “Uninsured” or “Under insured” coverage. Often, if notices are properly given, the coverage can be preserved for final determination of the settlement or damage amounts.

8. What if my injuries are permanent?

Whether you are injured in an automobile or on the job, the point where it is determined you have reached the point of MMI, “maximum medical improvement”, the permanency portion of your claim can be evaluated. The amount of the damages to wages or pain and suffering may be greatly affected by the amount of “permanency” your injury carries with it.

9. How can I protect my family assets and still conduct my business?

In general you could incorporate or form an LLC based on your particular needs. You may even consider other hybrid forms of entities and ownership based on your purposes and needs.

10. My relative has passed, how can I be recognized as an Heir to the Estate?

Generally speaking notice of your claim must be made to the Executor or Administrator of the Estate within certain time limits. Usually there will be a response and if necessary a court hearing or proceeding if a question remains. Contesting a Will is a different matter and probably is to be filed and heard in a higher court than the normal estate probate court.