Monday, October 12, 2009

Can you make both a worker’s compensation claim and personal injury claim if you are injured at work while operating a vehicle?

The simple answer is YES. However, you cannot duplicate benefits.

Workers’ compensation benefits provide three distinct benefits:

1. Full coverage for medical expenses for the rest of your life so long your medical expenses are related to the injuries suffered in the work related accident. (this benefit is a tremendous benefit because workers’ compensation pays for 100% of your medical expenses(no deductibles or coinsurance limits) and it lasts for your entire life.
2. 2/3rds wage replacement for time off work due to your accident.
3. Award for permanent impairment rating should your injury be permanent in nature.

Personal injury laws provide for the following damages:

1. Medical expenses incurred in the past and future medical expenses to the extent the treating doctor can anticipate them to be incurred in the future.
2. Pain and Suffering. A reasonable amount of money to compensate you for the pain, inconvenience, impairment of lifestyle, etc. This damage is not part of the workers’ compensation system.
3. Past and Future Lost Wages. This element of damage is similar to the wage benefits provided through workers’ compensation. An auto accident victim would be entitled to the 1/3 of past wages not paid by workers’ compensation (called “excess lost wages”) and the car wreck victim would be entitled to any impairment to his earning capacity minus the award for permanent impairment rating.

A lot of states make you choose between a workers’ compensation claim and a personal injury claim or simply limit you to a workers’ compensation claim. Kentucky allows you to make both but not to duplicate. In order to maximize your recovery of the benefits described above, contact the Kentucky Auto Accident Attorney at 1-502-241-8000 or

Monday, October 5, 2009

What is a reasonable contingency fee in an auto accident case?

I have been handling auto accident cases since 1986 and, during the entire time I have been practicing, the standard contingency fee in an auto accident case has been 33 & 1/3%. There is no law guiding the amount of attorneys’ fees other than the requirement that the fee must be “reasonable.” Lately, I have seen that attorneys have been raising their fee to 35% and 40% and the question is whether that is reasonable.
Due to inflation, verdicts for victims of auto accidents have increased over time and as a result I believe there is no justification for attorneys to raise their contingency fees. The attorneys who pay thousands of dollars on advertising may justify the higher fees to cover their advertising costs, but consumers need to be aware of this fact.
When looking for an attorney carefully consider the amount of his fee and do not simply accept that what he requires is reasonable. Also, if an attorney ever tells you that his exceptional skills warrant a higher fee remind him that if this is true then he will make more money by obtaining a larger settlement or jury verdict and thereby be paid for his skill. By charging a higher fee he is simply taking more of the settlement regardless of skill. His skill is actually greed or his ego.

Thursday, October 1, 2009

How long does a Kentucky auto accident victim have to file a personal injury claim against the party causing the wreck ?


If you have purchased no-fault insurance on your car or motorcycle or truck, then generally, you have 2 years from the date of your last no-fault payment, but no more than four (4) years। To be safe, you should think of the statute of limitations being 2 years from the date of the accident. If you have a significant injury, you should contact the Kentucky Auto Accident Attorney as soon as possible after your car wreck to allow for proper investigation, maximization of insurance benefits and effective presentation of your claims.


Another reason to contact the Kentucky Auto Accident Attorney soon after your accident is to make sure that some of the exceptions to the above general rule do not apply to your case. Here are some of the exceptions:

1. If you do not have Kentucky no-fault coverage on your vehicle, which is not required for motorcyclists, then your statute of limitations is one year.

2. If the person causing your accident is an employee of a state or county or otherwise protected by sovereign immunity, then you have one (1) year to file your claim and it must be filed before the Board of Claims.

3. If you are filing a claim for someone who died in the auto accident (also known as “wrongful death”), it must be filed in one (1) year.

4. If your claim is a products liability claim, then you may need to file in one (1) year.

5. If your claim is for Uninsured Motorist Benefits or Underinsured Motorist Benefits, then under certain circumstances you may have to file your claim within one (1) year.

As you can see, the answer to the question of how long you have to file a personal injury claim after an auto accident in Kentucky is not simple, which is one of the reasons you need to consult with the Kentucky Auto Accident Attorney as soon as possible after your auto accident, motorcycle accident or truck accident. He can be contacted at 502-241-8000 or