The loss of a spouse, child, or parent is devastating, and can also result in a serious financial burden. When that loss is the result of negligent, reckless, or even intentional acts committed by another person or corporation, you may be entitled to compensation from the party responsible for your loved one’s death. Wrongful death lawsuits are a way to recover money you and your family are owed. Below are some facts on how the lawsuits work, and what sorts of damages are available.

Who brings a wrongful death lawsuit?

When a family wishes to file a wrongful death lawsuit on their loved one’s behalf, they must first open an action in probate court to handle the individual’s estate. The probate court will appoint a personal representative for the person who died, who will stand in that person’s place for purposes of a wrongful death lawsuit. If the deceased person had a will and named an executor of their estate, the executor will generally be named the personal representative.

What sorts of losses are covered by a wrongful death lawsuit?

A wrongful death lawsuit is designed as a way for family members to receive the compensation that the deceased person would have been able to recover, had they not died. For example, if you were injured in an accident caused by a defective car, you would be able to sue the company for manufacturing and designing the defective car. If you had instead died in that accident, your survivors would instead bring a lawsuit for wrongful death caused by the defective car.

Families of persons wrongly killed can recover for items such as the loss of care and support that the deceased person would have provided, and their loss of earning capacity or contribution to the household. The costs of the funeral and burial are also a component of an award in a Kentucky wrongful death lawsuit and are paid into the estate.

Are there additional damages available if the death was caused intentionally or recklessly?

There are occasions where a family may be entitled to damages going beyond the actual costs caused by the loss. Where an individual or a company caused the death by acting recklessly, intentionally, or grossly negligently, then the family may be entitled to punitive damages, which are financial penalties intended to punish the wrongdoer for especially bad behavior. For example, if an individual was killed by a drunk driver, punitive damages may be available, whereas they would probably not be available where the driver simply forgot to check a blind spot before merging lanes, causing a crash.

If you have lost a loved one in Kentucky due to the negligent or reckless acts of another person or corporation, contact the Lexington law office of Todd W Burris PSC for a free consultation, at 859-252-2222.

A couple riding a motorcycle is recovering after a crash with an SUV. On Saturday, August 1, at approximately 9:30 p.m., the couple was traveling on Versailles Road toward Lexington. A Chevrolet Blazer was traveling in the opposite direction on Versailles Road when the driver of the Blazer began to turn left, crossing the motorcycle’s path. The turn began too late for the motorcycle to avoid hitting the Blazer. The couple riding the motorcycle were taken to University of Kentucky Hospital, with non-life-threatening injuries. Police believe that the motorcycle had the right of way, and are investigating whether a citation will be filed against the driver of the Blazer.

Many motorcycle accidents are caused by larger passenger vehicles turning left into the paths of oncoming motorcycles. Due to the smaller target that motorcycles present on drivers’ visual fields, it can be difficult both for drivers to see the oncoming motorcycle, and to gauge how fast the motorcycle is traveling.

Because of the lack of protection afforded to motorcyclists, they are far more prone to fatal or serious injuries than drivers of passenger vehicles. Over the course of 16 years that saw a 66% drop in passenger vehicle fatalities, fatalities among motorcyclists have remained static. Despite constituting only 3% of all motor vehicles on the roads, motorcyclists constitute 14% of all motor vehicle-related fatalities.

Motorcyclists often attract negative attention from police and other drivers, but they are frequently not the responsible party in crashes with passenger vehicles. If you or someone you love has been injured in a motorcycle crash, seek out knowledgeable, diligent legal help to ensure you’re fully compensated for your injuries. Lexington Attorney Todd W. Burris is available to represent your personal injury and motorcycle crash claims in and around the Lexington area, throughout Fayette County and beyond. Call Todd W. Burris, PSC for a free consultation on your claims, at 859-252-2222.

There are so many options for how you can craft your car insurance plan that it can be difficult to know how to design your coverage. Under the law in Kentucky, you are required to have $25,000 in coverage per person and $50,000 per accident for bodily injury liability, as well as $10,000 in property damage liability and $10,000 in personal injury protection. These are the minimum amounts of coverage you need to drive in Kentucky, but having greater coverage may be advisable, depending on your individual circumstances.

Here are explanations of the different types of coverage, and some thoughts on whether you might want more than the minimum:

• Bodily Injury Liability: This covers the cost of injuries to other drivers or pedestrians when the accident is your fault. Even if you’ve elected Kentucky’s no-fault coverage for your auto insurance, if your coverage and the individual’s own Personal Injury Protection coverage are exhausted by their costs, then they can sue you for the difference. If you own a house or other valuable assets, you may want to consider greater coverage, so that it’s less likely you could be sued for the value of those assets.
• Personal Injury Protection: This covers the cost of medical bills and related expenses after an accident for yourself and your passengers.
• Property Damage Liability: This covers damage to other people’s property, such as the other driver’s car or a structure you may have hit in a crash. Considering that new cars cost, on average, $20,000, you may wish to increase this coverage from the legally-required minimum.
• Uninsured and Underinsured Motorist: These are two individual forms of coverage, and are not required under the law, but will ensure that expenses from your injuries and damages are covered in the event of an accident with someone who has no insurance coverage, or not enough coverage to compensate you.
• Collision: This coverage is not legally required, but will cover costs to repair your vehicle after an accident. The cost of the insurance is measured by how much of a deductible you’ll pay for repairs to be done to your car after a crash. Selecting a higher deductible will mean lower monthly premiums.
• Comprehensive: This coverage is also not required, and covers costs to repair or replace your vehicle when it has been damaged in some way other than an accident, such as natural disaster or theft. Again, a higher deductible will result in lower monthly payments.

Choosing the right coverage for your individual situation can be tricky, and understanding how different types of coverage apply when you have been in an accident can be confusing. To be sure you are making the right claims and getting all the compensation available, contact the Lexington law office of Todd W. Burris, PSC to speak with one of our attorneys today, at 859-252-2222.

Despite ongoing violations and evidence of a problem requiring increased regulation, the federal government has softened regulations relating to how much rest professional long-haul truckers must take between workweeks. Last year, the country was witness to a glaring example of the dangers of under-rested tractor-trailer drivers when a semi-truck driven by a sleep-deprived driver for Wal-Mart crashed into a limo bus occupied by actor and comedian Tracy Morgan, along with several of his associates. In recent weeks, the lawsuits against Wal-Mart and other responsible entities reached a settlement. However, Morgan continues to suffer effects of the traumatic brain injury he experienced in the crash. Additionally, the family of Jimmy McNair, who lost a father in the wreck, could never be fully compensated for his death.

In the accident causing Morgan’s injuries, the tractor-trailer was being driven by a Kevin Roper of Georgia on the New Jersey Turnpike. At approximately 1 a.m., Roper was allegedly going 65 mph in a 45 mph zone when he crashed into the rear of the limo bus carrying Morgan and his associates. Roper had reportedly been working for 13 hours and 32 minutes so far on the day of the crash. While the limits on a day’s work for a trucker is 14 hours, Roper was still 20 miles away from his final destination for the night at the time of the collision. Roper is currently free on $50,000 bail, with criminal charges for vehicular homicide and assault by an auto pending in New Jersey.

Mandatory Rest Period for Truckers Eliminated

The change in the law, quietly included in a Congressional appropriations bill, eliminates the regulation which required truck drivers to take a two-night weekend rest between work weeks. Work weeks for long-haul truck drivers are defined as being up to 70 hours long across up to six or seven days. A representative from the Federal Motor Carrier Safety Administration reported that a study of how the change in this regulation may affect professional truck drivers is ongoing.

Driver error is listed as the cause in over 80% of all tractor-trailer and other large truck crashes. While driver error includes such issues as distracted driving, alcohol use, and speeding, the number one reported cause of driver error is fatigue. Federal hours of service rules mandate that truck drivers may not work longer than 14 hours a day, with 11 of those spent behind the wheel, and that a driver must be off-duty for ten consecutive hours before starting a shift. The means of tracking such hours worked are largely through self-reporting on driver logs, which truck drivers are required to keep. However, drivers who fall behind on a delivery through forces outside of their control may be motivated to make up lost time, work longer hours, and complete logs inaccurately to keep government regulators satisfied.

Tractor-trailers and semi trucks have the capacity to do a great deal of damage. If you or a loved one has been injured by a negligently-driven semi or tractor-trailer, seek help from seasoned professionals in the area of truck accident law. Contact the Lexington Law Offices of Todd W. Burris for an evaluation of your potential truck accident personal injury lawsuit at 859-252-2222. Attorneys are available to assist with your claim throughout the Lexington, Kentucky area.

Car accidents can be overwhelming and disorienting, and you may not know where to turn for guidance on basic questions you may have. Below are some answers to questions that may arise for you after your car crash.

Do I need to go to the doctor after an accident, even if I’m not in pain?

Yes. There are multiple reasons you should see a doctor right after you’re involved in a car accident. First of all, you may be hurt but not realize it. Many injuries that victims of car or truck accidents experience may not be obvious right away and can require a doctor’s expertise to uncover. Second, if you do end up incurring substantial medical expenses, not seeking treatment right away could diminish your eventual recovery. Waiting longer than 72 hours after an accident to seek medical care may be considered a “delay in treatment” by the insurance adjusters determining the value of your claim. Such a delay in treatment will lead the insurers to offer you a smaller settlement. It is thus important for you to seek medical care right away; if your regular doctor isn’t available within 72 hours, ask if there is someone else in the practice who could see you, or go to an urgent care facility.

What will happen to my car insurance rates after the accident?

Kentucky insurance companies look at several factors when reevaluating your insurance rates after an accident. A very important factor will be the circumstances under which you got in the car accident. This includes whether or not you were at fault for the accident and, crucially, whether you were doing anything illegal at the time of the accident. If you were intoxicated, speeding, driving recklessly, or ran a red light or stop sign in the moments before your accident, there is a high possibility that your insurance rates will go up. Insurance companies will also consider how many claims you’ve made on your policy in the past, your driving record, and what sorts of claim settlements you’ve received from the insurer in the past.

Your insurer may offer an accident forgiveness program. Such programs vary from insurer to insurer, but typically they allow you to keep the same insurance rate after one at-fault accident, depending on the severity of the accident.

How long will it take to process my claim?

The time that Kentucky insurance companies will take to settle a claim varies broadly. If the claim and issues of liability are fairly straightforward, and the value of the claim is not especially high, then settlement may only take a few months. If your claim adjuster is overrun with cases, if the questions of liability are not clear-cut, or if the claim is for serious injuries, then receiving a settlement may take a year or more from the date you submitted your claim. It is important not to settle your claim too soon, before the full extent of your damages is known.

Make sure your interests are protected and aggressively represented when you’re in a car accident. Contact Todd W. Burris Law, PSC for a free consultation on your potential claims with a knowledgeable Lexington car accident attorney. We are available throughout the Lexington, Kentucky area, as well as Georgetown, Richmond, Keene, Lancaster, Bryantsville, Clark County, and Mercer County.

Last month we took a look at five things everyone should know about dealing with insurance companies following a car accident or other personal injury. This may or may not surprise you, but it turns out there are still more important things you should know before attempting to settle your claim with an insurance company or take them to court. Let’s take a look:

When Insurance Companies “Lowball” You, They’re Breaking the Law

Insurance companies have a duty to act in good faith, and if they employ certain bad faith negotiation tactics, such as unreasonably delaying a settlement or ignoring your attempts to contact them, then they may be liable for a claim of bad faith. Kentucky courts have found that insurers who make an unreasonably low initial offer to settle your claim may be in violation of the law.

Your Recovery Will Be Reduced by the Amount to Which You Were Deemed at Fault

Kentucky tort law employs a “comparative fault” theory of liability. This means that, if a court could find that you were partially to blame for an accident, then you will be responsible for the percentage of your damages for which you’ve been deemed at fault. During claim negotiations, an insurer could try to convince you that you were responsible to a greater degree than may be accurate, in order to reduce their own responsibility. Having an attorney investigate your claim and make a determination of fault could ensure that you don’t settle your insurance claim under the misguided belief that you bore a greater responsibility for your damages than you really did.

If your Insurance company refuses to settle when their liability is basically clear, they’re acting contrary to the law

Kentucky insurers are obligated to attempt to reach a prompt, fair, and equitable settlement of claims when liability is reasonably clear. If an insurer continues to try to litigate claims after this stage, then they are violating the law by acting in bad faith.

You May Need to File a First Party Claim or a Third Party Claim For Your Injuries

When you’re at fault for an accident, you would normally file a first party claim with your own insurer for your injuries, depending on your insurance policy. When another person or business is at fault for your injuries, say after you slip and fall in a store, you would file a third party claim with the store’s insurer. The determination of fault is a legal decision that you may not be qualified to make on your own, and taking the word of the insurance company may not be the best choice either.

Obtaining all Your Medical Bills is an Expensive, Time Consuming Process

You may assume it’s safe to allow your insurance company to obtain medical bills on your behalf, and to trust their statement as to what the records say and what the sum of your bills is. However, this gives up  a great deal of control to the insurers. Obtaining your own bills might involve contacting numerous doctors’ offices, hospitals, and ambulance companies, as well as paying fees to each company for the cost of duplicating the records. Getting help from a Kentucky personal injury attorney can eliminate this hassle and up-front expense.

We could go on with more things you need to know, but all you really need to know is, Don’t try to negotiate your claims alone; contact the knowledgeable and compassionate Lexington attorneys at Todd W. Burris, PSC, for a no-cost consultation to make sure your rights are protected. Our attorneys can help you obtain your best possible recovery for claims against insurers in Frankfort, Shelbyville, Louisville, Lawrenceburg, and throughout Fayette County.

Insurance companies, whether your own insurer or the insurer of a third party, want to settle your personal injury claim for as little money as possible. If you’re filing a personal injury claim with an insurer in Kentucky, make sure you understand what you’re in for—and consider hiring a lawyer to help you avoid common pitfalls.

Below are five important things to know before you set off navigating the insurance claims process:

Giving a recorded statement to an insurer could impact your ultimate recovery negatively

Appearing without an experienced Kentucky attorney to give a recorded statement means you’re bound to the statements you make—including statements you may think are innocuous but actually sound like admissions of liability. Exercise caution when giving a recorded statement to an insurer, and, if possible, speak with a lawyer before speaking to an insurer.

Not conducting your own investigation leaves you at the mercy of the insurance company’s factual findings

It can be difficult to contest a bad set of facts as presented by an insurance company either during negotiations or at trial if you can’t present equally convincing facts that support your own arguments. If only one party in a two-sided negotiation has conducted a factual investigation, and it isn’t you, you could be at a serious disadvantage.

Demanding too little or too much can affect your final recovery negatively

If you make too small a demand when first negotiating with an insurance company, you could get stuck with a paltry recovery. If you demand too much, you might be showing the insurers that you are inexperienced, as you don’t understand how to value your claims. Either way, improper valuation of claims can lead to a smaller settlement.

Settling a claim without knowing the full extent of your injuries can bar you from recovering in the future on those injuries

Once you’ve signed a settlement agreement with an insurer, it’s probable that the agreement will include a release of future claims based on that accident. Don’t release your right to sue in the future without making certain that you’re being compensated for all of your injuries related to that event, as physical injuries and complications can often surface many months after the initial injury.

Without Having it in Writing, Don’t Rely on an Admission of Liability

When starting the negotiation process with your insurer, the adjuster might try to get you to let down your guard by assuring you that the party that the insurer represents is liable for your damages. However, unless the insurer goes on the record, either by putting the admission of liability in writing or in a recording, do not rely on this admission. Continue preparing your case and gathering facts to support your side.

Don’t Go It Alone

Insurance companies are staffed with experienced adjusters who do nothing but investigate accidents and settle claims all day long. Pitting yourself against these professionals puts you at an immediate disadvantage from the very start. Instead, get a knowledgeable and experienced personal injury attorney on your side who won’t let you get taken advantage of in the insurance claims process. In Lexington and Fayette County, call Todd W. Burris at (859) 252-2222 for a free consultation.

NEXT MONTH: But that’s not all! More Essential Things to Know About Personal Injury Insurance Claims in Kentucky

No matter how cautious and thoughtful a driver you may be, car accidents are an inevitable part of driving. Finding an attorney who is experienced with personal injury law and automobile accidents could protect you from expenses you shouldn’t be paying, or liability you shouldn’t incur.

1. Injuries Resulting from a Car Accident Require Experience and Investigation

If a car accident results in a serious injury either for you or your passenger, finding legal representation can ensure you’re compensated not just now, but in the future for ongoing expenses associated with your injuries. Certain traumatic injuries don’t manifest immediately and may have life-long implications, so that a quick insurance investigation and claim payment might finish before you even experience certain symptoms, excluding you from compensation for all of your injuries. Additionally, the time limits for filing a lawsuit in the state of Kentucky are especially brief. Hiring a lawyer early will help ensure that any legal claims you may possess are filed before the time runs out to make them.

2. Negotiations with Insurance Companies Can Be Difficult for the Inexperienced

While car accidents are a rare event for most individuals, insurance companies negotiate claims based on car accidents every day. They know exactly how to shape their arguments and will use their vast experience to intimidate the average claimant into accepting less compensation than that to which they’re entitled. However, having strong, experienced legal representation will keep you from getting bullied into accepting less than you need for your injuries and the damages to your vehicle.

3. Focus on Your Recovery and Leave the Fight to Your Lawyer

Investigating claims, gathering evidence, finding witnesses, composing a settlement demand, collecting incident and medical reports—these all require a great deal of work, especially when you don’t understand the system and are in the midst of recovering from a traumatic incident. Additionally, Kentucky’s comparative fault system makes the post-accident investigation especially important, since your own recovery will be reduced by the amount to which you were determined to be at fault for the accident. An attorney not only knows how to accomplish all these things in a short span of time, but also will do a more precise job of compiling evidence to ensure that your case is solid and successful in getting you the money you deserve.

4. No-Fault Laws Involve Showing You Meet Certain Requirements to Seek More Compensation

Kentucky is a no-fault state, which means that, even when it was your fault that the accident occurred, your own insurance company will compensate you for at least up to $10,000 of your own accident-related costs, depending on your policy. The no-fault rules only apply to personal injuries, and vehicle damage claims must be pursued against the other driver. However, if you have greater costs than your insurer will cover and you wish to file a claim for liability against the other driver, then you’ll need to opt out of the no-fault system by showing that you have at least $1,000 in medical expenses from the accident or any of the following: permanent disfigurement; fracture of a weight-bearing bone; a complex fracture of any bone; any permanent injury; or permanent loss of a bodily function. An attorney can help you manage seemingly simple negotiations with your insurance company, as well as handle a liability claim or lawsuit when you realize you’re going to need additional compensation to be made whole.

5. Should Settlement Negotiations Fail, Be Prepared to Go to Court

Going to court can be expensive and time-consuming, further delaying your recovery, and insurance companies will use these facts to their advantage in dissuading you from suing if you’re on your own without an attorney. Finding experienced representation means that you don’t have to be afraid of being bullied into abandoning your claim out of fear of the courtroom. Insurance carriers will also be less likely to think they can steamroll you, and will take settlement more seriously, knowing you have a knowledgeable and seasoned personal injury attorney backing you up.

If you’ve recently been in a car accident in the State of Kentucky, focus on healing and putting your life together after that traumatic event. Don’t go it alone—speak with the experienced attorneys at Todd Burris Law, who will handle the fight with the insurance company for you.

The Old Farmer’s Almanac predicted a much colder and snowier winter than usual for Lexington, Kentucky, and mid-way through the season, we can see that temperatures and conditions have done their part to live up to the forecast. Winter weather often brings dangerous driving conditions, so follow these winter driving safety tips to help avoid a serious car accident on icy, wet or slippery roads.

• SLOW DOWN.
• Always wear your seat belt and make sure your passengers are properly belted.
• Leave extra distance between your vehicle and the traffic ahead. Try to avoid sudden acceleration or deceleration. Giving yourself extra space gives you extra time to react and slow down safely on icy roads.
• When the weather is bad, avoid distractions such as playing with the radio and instrumentation panel or excessive talking with passengers. Concentrating on the road is especially important in poor conditions.
• Keep emergency winter supplies in the back seat or trunk. Valuable supplies include: blankets; extra clothing such as hats, gloves and rain boots; energy bars or other high-energy, non-perishable food; a flashlight with spare batteries (keep batteries outside the flashlight and inside the cabin to help them stay fresh); road flares or reflectors; a first aid kit; and a cell phone with a car charger or other backup power source. Even an old cell phone without an active service plan is capable of making a 911 call, but you still need to be able to charge it first.
• Make sure you know proper winter driving techniques, like how to drive on ice (slowly) & how to pull out of a skid (steer into the skid). Do you tap your brakes or apply firm pressure to stop on icy roads? Consult your vehicle owner’s manual for proper driving techniques, appropriate tire pressure, etc.
• Adding weight to the trunk of your car can make the vehicle easier to control on icy roads. A bag of sand adds weight and can also be scattered on the road to give you traction if you get stuck.
• Check present and forecasted road conditions before starting a trip.
• Leave early for an appointment so you can drive safely and slowly without worry.
• Cruise control is generally not recommended on icy, wet or slippery roads.
• While you are scraping or defrosting your windshield, don’t forget all the other windows as well. Also, knock excessive snow off the hood or roof your car, so that it doesn’t come loose and obstruct your vision while driving or fall on the road and create a hazard for other drivers.
• Keep your gas tank at least half full. This will help keep your gas line from freezing up and also help keep you from running out of gas if you get struck in traffic or on the side of the road.
• If warming up your car in the garage, make sure the garage door is open to prevent a buildup of carbon monoxide and dangerous exhaust.
• Avoid unnecessary trips.

Of course, all the care in the world can’t always keep you safe from other drivers who drive carelessly, recklessly or aggressively without regard to hazardous road conditions. If you are hurt in a car crash caused by another’s negligence or misconduct, contact an experienced auto accident attorney for help. In Lexington, call Todd Burris PSC at 895-252-2222 for a no-cost, confidential consultation.

Common advice when you are in a car accident is to exchange insurance information with the other driver. But what do you do when the other driver is uninsured? According to the Insurance Information Institute, Kentucky ranked twelfth in the nation in 2012 for uninsured motorists, with 15.8% of drivers uninsured. This means that at any given moment, nearly one in every six drivers on Kentucky roads is driving without liability insurance. While you may not be able to get their insurance information, you should still definitely get their contact information. There are options available to obtain compensation for your injuries and the damage to your vehicle, provided you take the appropriate steps following the accident.

Get the other driver’s contact information – Your options for compensation may include bringing an action against the uninsured driver personally, or presenting a claim to your own insurance carrier under your Uninsured Motorist (UM) coverage. The claims process for accessing your UM coverage may require a signed statement from the other driver that he or she is uninsured, so it is very important to you that the other driver can be contacted, no matter which route to compensation you are taking.

Remember, when giving your own insurance information, this information should be limited to your name, policy number, and the name and number of your insurance company. You should not volunteer or share information about the details of your coverage.

Contact the police – The uninsured driver may try to talk you out of calling the police, because they know they will be cited for driving without insurance. Yet this is an important step to securing your rights by establishing the facts of the accident with an official, written report. You can also access your UM coverage if you are struck by a hit and run driver, even if you cannot identify or locate the car that hit you. In this case, a police report can be very helpful to your claim.

Contact your insurance company – In order to secure your rights for UM compensation, you have to comply with the terms of your policy, which most likely requires you to report the incident promptly to your insurer.

Contact a lawyer – As soon as you can after the accident, contact a lawyer who regularly handles car accident cases. Your attorney can guide you on how to deal with the insurance company when notifying them of the accident or submitting a claim and represent you in any negotiations or litigation that may be required.

Your attorney will also want to get started right away gathering important evidence and securing your rights to compensation, so time is of the essence in contacting an experienced personal injury attorney as soon as possible after an accident. In Lexington, contact Todd W. Burris PSC for a free consultation.