I'm a Kentucky personal injury attorney. This podcast will provide information to people who may have questions about injury-related issues. Injury claims are often more complicated than they appear. I'll cover a wide range of topics to help people better understand important issues related to automobile accidents, tractor trailer collisions, motorcycle wrecks and other types of personal injury cases.
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
Episode 9: Louisville personal injury attorney Aaron Whaley invited Brad Cecil, from Ringler, to discuss how structured settlements can be extremely beneficial for injured victims and their financial situations. These tools can even increase the value of the settlement through compounding interest.
People can be anxious about receiving a large, lump sum payment. They may have questions about how best to use it, where to deposit it and most importantly, how to make sure it lasts. A structured settlement can help to make this much easier to manage. They can be customized to meet the individual’s unique situation and/or concerns.
Are there tax considerations involved?
In Kentucky, proceeds from a personal injury settlement are tax free. A structured settlement is a tax free financial tool, including any interest that may be generated.
Are structured settlements subject to market fluctuations and/or volatility?
The funds in your structured settlement are not exposed to market fluctuations. They are guaranteed against risk. Large insurance companies payout on these structures, similar to an annuity.
Who typically uses a structured settlement?
Structured settlements are often used in cases involving minors. The structured settlement can earn better rates that a simple bank account. More importantly, the proceeds don’t all have to be paid out at age 18. This is an important consideration. The money could be used for many types of expenses, including college.
Adults can also use a structured settlement to provide ongoing income or to cover for future expenses such as surgeries or specially adapted vehicles. Brad can advise the client on the best way disperse the funds, based on his/her specific situation.
What does it cost to set up a structured settlement?
Unlike a typical investment, there are no fees to set up a structured settlement for the client. As previously stated, a structured settlement can also grow tax-free.
Can a structure affect your Medicaid benefits?
Yes, but you can plan around those government benefit thresholds to ensure the individual continues to receive SSI or other income-based benefits. The client, Brad and Aaron can work together to help plan the proper setup and payout schedule.
Is there a minimum amount required to establish a structure?
While approximately half of the structures Ringler handles are $50,000 or less, most are at least $10,000 or more in value for a minor and around $40,000 for an adult.
What Happens if the Individual dies before the settlement is paid out?
This depends on how the structure is set up. Usually the funds for a minor are guaranteed. The money would go to their estate if they pass away prior to age 18. At age 18, the person can name a beneficiary.
If the structure includes lifetime benefits, there’s a designated “period certain.” This could be a 30- or 40-year period. If the person dies after 20 years, the remaining years would be paid out. However, if they pass after the period certain, the payments would cease.
Brad comments that if you have a lifetime benefit and live to be 100 years old, for example, you’ll continue to be paid beyond the period certain. This example illustrates another way in which a structured settlement could actual end up paying the individual more than the actual, original legal settlement.
A structured settlement is not a required way to handle an injury settlement. However, it’s another option Aaron Whaley is able to provide to help his clients.
If you’d like more information about structured settlements, Brad Cecil and Ringler have a well-developed website with videos, other examples and pages of information.
Click this link for more information about the Whaley Law Firm.
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Episode 8: Welcome to the Whaley Law Firm Personal Injury Podcast. Aaron discusses pedestrian accidents, bicycle collisions and bus accidents. Each of these are especially important as students head back to school.
Pedestrian Accidents
This time of a year, it’s especially important for drivers to be aware of buses and students. It’s not uncommon for both younger students and older students to be distracted as they head home. Unfortunately, they may not pay proper attention while crossing the streets.
If your child has been involved in a collision, get them medical treatment and let your attorney take care of the legal aspects. You have enough on your plate.
Pedestrian claims are somewhat different than vehicle collisions with other cars. Primarily, it’s a matter of PIP (“no-fault” insurance) coverage. In a collision with a pedestrian, the pedestrian will typically receive “no-fault” coverage from the at-fault driver. If the driver doesn’t have insurance, there may still be options for getting coverage to offset some of the medical bills. Figuring this out is your attorney’s role. Again, focus on your child’s treatment and recovery.
It’s important that you avoid gaps in the medical treatment after an accident. The insurance company will try to use this period of time to minimize the severity of the injuries, or argue that they were caused by something other than the collision. This can happen if you wait to seek medical treatment and/or if the victim fails to complete the treatment path for check-ups, physical rehabilitation or other medical appointments.
Bicycle Collisions
A bicycle collision is handled very similar to a pedestrian collision. A bicyclist on the road is required to obey the same rules as a car. Obviously, bicyclists don’t always do it. This means comparative fault is an issue that is often part of the defense against a bicycle accident claim. The insurance company may attempt to reduce its exposure by arguing the bicyclist was in-part responsible for the collision.
School Bus Wrecks and Public Bus Accidents
Generally, these are fairly standard when the collision is the fault of the bus driver and injuries occur to the passengers on the bus or to other drivers. However, when another vehicle causes the collision with the bus, it becomes more complicated.
Standard automobile insurance policies in Kentucky have limits which are there to pay for injuries and damage. Often, that coverage is divided among the passengers in the other car. Assuming the car hit the bus, there are many more passengers (victims) who may have injuries and who will be entitled to the insurance proceeds. The insurance company will want to cover all of the claims from the injured passengers. They often won’t pay anything until they are able to settle all of the claims at once. This can often cause significant delays in the resolution of the case(s).
For more information, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way.
This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Episode 7: Dogs are known as man’s best friend, but sometimes things happen. Louisville personal attorney Aaron Whaley discusses factors involved in handling dog bite cases.
Strict Liability for Pet Owners
Kentucky is a strict liability state. If you own the dog and the dog bites someone, liability is all the injured person needs to prove. The victim doesn’t have to prove the owner of the dog was negligent. The jury can, however, take into account negligence on the part of the injured victim. For instance, if the dog is in the back yard and someone climbs the fence, if the dog bites the individual, the fact that the person entered the yard can be considered in determining the amount of the verdict. Kentucky is also a comparative negligence state. This gives the jury the ability to assign a portion of the negligence to one or both parties.
Is there a “First Bite” Rule?
This is a misconception. There’s nothing in the law that gives the owner of the pet a free pass, simply because the dog has never bitten someone in the past.
Can Landlord’s Be Held Responsible for a Dog Bite Injury?
There’s an open question of whether a landlord could be held liable for a renter whose dog bites someone. If the animal has a history of biting, is a dangerous breed, and other factors, there’s a possibility of the landlord being held negligent (and therefore at least partly liable) for allowing the dangerous animal to stay on premises.
Now, if the landlord doesn’t reside with the renter, or the renter did not disclose the presence of the animal, the landlord may have some insulation in terms of strict liability. There’s still a chance he/she could be found negligent by allowing the dog to remain on the premises.
Common Injuries to Consider in a Dog Bite Case
Depending on the severity of the bite, there are a number of factors that may be considered. Here are a few examples:
In proving your case, the psychological and emotional conditions need to be documented by a professional (e.g. a psychologist, therapist, etc.) to help substantiate the case.
Who Is Going to Pay for My Injuries?
In many cases, a claim against the homeowner’s insurance can be filed. However, the current interpretation of liability rests with adjacent yards. So, if a person is bitten in the homeowner’s yard, it’s an easier claim to file against their insurance. However, if the dog gets loose and bites someone a couple of blocks away from the home, the policy’s coverage probably isn’t liable. This also holds even if the dog runs across the street and bites someone. Again, it’s because the house across the street is not adjacent to the property. The owner can still be sued, but it’s important that the pet-owner has the ability to pay. A judgement can be won, but if they can’t pay it’s not worth much. That person could also file bankruptcy to escape the judgement.
Renter’s insurance may be an option. If the pet-owner is renting and a policy exists. Also, as mentioned above, there may be a possibility of pursuing the landlord, if the proper circumstances exist.
Preparing for a Dog Bite Claim
Your attorney will handle this is much the same way as other personal injury claims. The medical bills and expenses are collected. The other party’s insurance company assigns an adjuster to handle the claim. A demand package is prepared listing the compensation the victim is requesting. Negotiations ensue and ideally a fair and reasonable settlement is achieved. If this cannot be achieved, the victim and his/her lawyer may decide to file a law suit.
How Long Do I Have to File a Dog Bite Case?
The general statute of limitation applies. You generally have 1 year from the date of the incident.
What if I Sustained an Injury from the Attack, other than a Dog Bite?
You can bring a claim for other injuries, such as broken bones resulting from an animal knocking you down. It can include any damage caused by the animal.
For more information, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Episode 6: This episode is the conclusion of the discussion began in Episode 5. Louisville personal injury attorney Aaron Whaley discusses preparing for trial in a personal injury case.
Depositions
Depositions give both sides the opportunity to ask questions, under oath, to document and/or clarify facts. Lawyers can object to questions based on the form of the question or if the comment would be covered under attorney-client privilege.
Mediation
These are typically scheduled after depositions. The goal is to attempt to resolve the case, before opting for the time, expense and risk of going to trial. It’s not uncommon for one side to also set the case for trial by requesting a trial date. This adds a sense of urgency to the situation. An independent mediator will act impartially to bring the parties to a fair settlement. Mediators are often retired judges.
Your attorney will help you to fully understand the value of any offer made by the at-fault party. There are case-related fees and other expenses that will be deducted from the amount offered. If a fair settlement cannot be agreed to during the mediation, the case will normally proceed to trial.
UM/UIM Coverage Claims
At the same time, if uninsured or under insured motorist coverage is available, your attorney will help you to pursue this additional coverage. However, the coverage must have been in place at the time of the accident. UM/UIM coverage is paid by your insurance coverage. It’s coverage you may already be paying for in your premiums. Some people question whether they should file a claim against their own insurance company. However, it’s important to understand this is a contract for which you’ve already paid.
Once It’s Done, It’s Done
If both parties agree to a settlement agreement, that’s it. Even if future pain, medical issues related to the collision or other issues crop up, you are generally unable to reopen the case. This is why your attorney will work with you to help evaluate the value of your case, help you to get medical treatment and to better understand the long-term financial impact of your injuries. Again, once an agreement is reached, it’s done.
You can rely on Aaron’s extensive trial experience in personal injury and automobile accident cases to effectively represent you though this complicated process. The decision to take a case to trial is based on many factors. You need an experienced attorney who understands that results matter.
For more information, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way.
This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Louisville personal injury attorney Aaron Whaley discusses preparing for trial in a personal injury case. Most car wreck cases settle for many reasons. An issue that might cause a case to go to trial is a disagreement as to how the accident happened. Many of these can eventually settle, but some don’t. An example is a simple “red light/green light” car accident case. One driver thought he/she had the green light.
You lose control when a case goes to trial. It’s often easier to reach a fair settlement when the parties are communicating. Once the case goes to trial, it’s time to present evidence in the courtroom and the jury or judge will eventually make a decision.
Another issue that might cause your case to go to trial is when the difference between the offers is too large. It may now be worth it to pursue the case in court.
When your attorney files the lawsuit, the other party will be served with a letter informing them of the pending action. The other party has a period of time to file an answer with the court.
The discovery phase comes next. This is when both parties have a chance to find out information regarding the collision, the injuries and other related factors. Written interrogatories generally come first. Both parties submit a list of detailed, fact-finding questions. The answers are actually signed, under oath, as being true and factually.
Now the attorneys will schedule recorded depositions, during which the attorney will ask the other party specific questions. Many of the questions will be related to the answers submitted for the interrogatories.
Aaron Whaley will continue the discussion in Episode 6 (Preparing for Trial Part 2).
For more information, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way.
This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
It’s important that you have the proper expectations. How often should I expect to hear from my attorney? Lack of communication from an attorney is significant issue in Bar complaints. The Whaley Law Firm attempts to contact clients every two weeks to check in with them. You may not receive a record of every communication that’s being done behind the scenes. It could be overwhelming for the client.
What if the insurance company or other companies contact me, directly? It can happen before you hire an attorney or shortly after you’ve hired one. After that, they should go through your attorney. Be cautious if the other party contacts you, especially if they are offering a quick settlement check. You may not fully understand the extend of your medical care and potential complications. Your case may be worth more.
How many times will we meet to handle my case? There will be an initial meeting or meetings. Keep in contact with your attorney via phone regarding doctor appointments.
In more complicated cases, a lawsuit may need to be filed. Now, you’ll be more involved. This will extend the resolution of your case. A deposition and other meetings will be necessary. The main purpose of a deposition is to figure out information from the client, doctors and defendants. The attorneys can ask about your medical history and work history.
Your attorney will gather the medical records. It’s best to let the attorney do it. Requests have to be sent for records, medical bills and other information. Let your attorney know when you have a new doctor’s appointments. This will help your attorney to update your medical status. This can have a large impact on how your case is prepared to maximize the value of your case. Ongoing negotiations happen with the insurance adjusters, insurance lawyers and medical providers.
Who settles the case? The client, with the help of the attorney, accepts the final offer. The attorney will present offers that are made by the other side, but it’s a balance between the case value, the client’s expectation and the insurance company.
When will I receive my settlement check? Many factors are involved, but it can be a few days, a couple of weeks or more. There can be delays. What happens if I get bills after we’ve settled? Your attorney can help to resolve issues. If those expenses weren’t figured into your settlement, you usually won’t be able to renegotiate the settlement amount. Don’t rush to get a settlement until you fully understand the extent of your medical care and future treatment.
For more information, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
EP003 Notes: Welcome to the Whaley Law Firm Personal Injury Podcast. Today we're talking about 2 big issues for someone whose been in a car wreck. So, how do you begin to put the pieces back together after you've been in a wreck? Aaron Whaley is an attorney in Louisville, Kentucky who handles personal injury cases across the state. He's been practicing law since 2002.
Medical Treatment - Issue Number 1
It’s the first thing you really need to focus on, if you’ve been in an accident. It’s your most important concern. Do you need to go to the hospital? If so, go there. Once the adrenaline wears off, you may begin to feel worse than you do just after the collision.
Remember in Kentucky we have no fault coverage meaning there’s usually personal injury protection (“PIP”) up to $10,000 for you and each of your passengers to cover medical treatment. Interestingly, if you get into a car wreck while test driving a car, the car lot should have insurance to cover you.
Notify your insurance carrier and provide them with your attorney’s contact information. Give your attorney your insurance carrier’s information.
How Critical Are Your Injuries? If the injuries are moderate to severe you should begin thinking about a few important issues. Will you need home healthcare? Family members may want to help, but not be able. Will you need home modifications? Consider durable medical equipment (e.g. lifts), installing a wheelchair ramp and alterations to your tub or shower?
Car Repairs - Issue Number 2
Do you have insurance coverage for a rental car? Your attorney will begin working to get you a rental car paid for by an available insurance policy. Assuming your car hasn’t been totaled, it’ll need to be transported to a mechanic. Does the client need to get multiple quotes? When can they tell the mechanic to begin working? Who pays for the repairs and when?
If the car is totaled, you’ll need interim transportation and replacement. Who pays for the rental car? When should I buy a new car? Will my settlement pay for my new car?
For more information about Kentucky personal injury law, visit http://www.louisville-accident-lawyer.com/
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Episode 2: Aaron Whaley is an attorney in Louisville, Kentucky who handles personal injury cases across the state. He’s been practicing law since 2002. Today we’re talking about car accident issues.
In preparation, we went back over the past 5 years of available accident data. Jefferson County accounts for roughly 23-24% of the collisions in the state each year. There are approximately 700-800 KY traffic fatalities each year on public roads, statewide. This data excludes private property (including parking lots). City Streets account for 22% of all KY Collisions (e.g. Bardstown Road, Dixie Highway, Preston Highway, etc.).
Many of these collisions occur at slower speeds, therefore, many are non-injury accidents. There can however be soft tissue injuries and property damage. People can be injured regardless of the rate of speed. Typical injuries include damage to ligaments, tendons, muscles, disks (“WHIPLASH”). These often occur in rear-end collisions.
You should get treated. It’s important to take care of yourself. Options could include visiting a chiropractor, the urgent care or even the E/R. In most cases, there’s $10,000 of Personal Injury Protection (“PIP” coverage) available to you. This is called “No-Fault” coverage. You have PIP coverage even if you’re not the owner of the car. In fact, there’s $10,000 for each person in the vehicle.
After city streets, the remaining collisions break out as follows:
These collisions usually involve higher speeds. Therefore, more serious injuries and property damage occur. These include lacerations, head/brain trauma, back and neck injuries and death.
Issues Related to Head Injuries in Car Wrecks
Brain Trauma (traumatic brain Injury and concussions) are common. Consider the physics. The brain impacts the skull and the head may impact other objects. Can also occur in slower-speed collisions. There’s a potential for a delayed onset of symptoms. These symptoms can show up as mood swings, memory loss, a decrease/loss of speech and motor skills. These types of injuries are traumatic for victim as well as the family and care-givers. The injuries may result in a loss of emotional support or a loss of financial support. Brain trauma can require an extended recovery time. Understand it can delay the case resolution. You don’t want to settle your case too early. You won’t be able to go back to ask for more money.
Why Do Serious Injury Cases Take More Time to Resolve?
It’s important that you and your attorney understand your full medical treatment, including any surgeries. Physical therapy is often required you should complete the recommended treatment program. Your conditions may worsen over time because you didn’t get the care you needed.
Your claim may require extensive investigations. More substantial injuries require more time to resolve. Insurance companies want to rout the clock to pressure settlements. They Know You Need the Money. Be patient and let your attorney do his/her job for you.
Tips for Driving in Bad Weather
For more information, visit www.Louisville-Accident-Attorney.com
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Primary Practice Area Explanation – Personal Injury
Let’s Talk about Aaron Whaley's Background
What are Important Steps to Take if You’re in an Accident
The biggest mistakes people make when they’ve been in an accident?
For more information, visit www.Louisville-Injury-Lawyer.com
Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
Louisville Attorney Aaron Whaley is about to launch his personal injury podcast. New episodes will launch every other week. Aaron will discuss and explain many of the issues you need to know about Kentucky car wrecks and other types of injuries.
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.
Unless the host introduced himself as an attorney, he is a non-attorney spokesperson.
Visit https://www.Louisville-Accident-Lawyer.com for more details.
Principal Office: 712 Lyndon Ln. Louisville, KY 40222