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One of the many tragedies that has occurred from the Covid-19 epidemic is the number of deaths, now over 183,000 in the United States, that occurred to some of our most vulnerable citizens in nursing homes and long-term care facilities. Even facilities with “5-Star” health and safety ratings from Centers for Medicare and Medicaid Services (CMS) had patients die from this horrible illness. The question remains, of course, is whether these deaths could, and should, have been prevented. There are certain health and safety protocols that should have been put in place by the operators of these facilities, especially knowing that the residents in their care were at a higher risk than the general population for serious complications from exposure to the virus. The nursing home industry is already seeking state governments to pass laws granting the nursing home operators immunity from liability. But even in this pandemic, one wonders if the facility was understaffed, or were staffed with workers not adequately trained or properly equipped to cope with the necessary precautions that may have saved your loved one’s life. The average wage of a nursing home worker is $14.00 per hour compared to the average wage of a mortician of $26.00 per hour. The skill level may be vastly different. And the nursing home industry has many part-time staff and orderlies who may go from one facility to another. Are they adequately equipped and “sanitized” at each facility? Did the facility ramp up its efforts to equip and train its workers properly in the face of this crisis? I certainly am not here to criticize the front-line workers caring for these vulnerable patients. They are heroes in every sense of the word. But the corporate heads responsible for providing the tools and training of these heroes are also the ones reaping the economic benefit of caring for the residents. If they responded properly, than “bravo” to them. But if they did not, then they should be held economically accountable for their inactions. If you have a loved one that died as a result of complications from the Covid-19 virus, there are time limits (statutes of limitations) that restrict when a claim can be brought. Please call me if you have concerns about the care, or lack of care, that your loved one received during this time. Your consultation is free, and there is no fee at all unless a recovery is made. Finally, I am terribly sorry if you have lost a loved one in this manner.

Several new laws went into effect in Kentucky on July 15th. Here are some of the highlights:

Many of my clients have been injured in car wrecks, falls, or otherwise in recent months. They are hurting and frustrated, but feel like they cannot seek medical treatment due to the COVID-19 limitations and restrictions. Here are my recommendations to my clients, and to all others whom may be suffering from being similarly injured: First, ask your treating doctor for recommendations for ongoing therapy and treatment. Some doctors are providing tele-medicine visits with their patients. Conferring with your doctor is surprisingly easy with many programs and platforms available. Facetime, Zoom, or just talking on the phone may work for you. Second, most doctors are happy to provide a Home Exercise Program for those patients who cannot presently attend physical therapy. If the doctor makes such a recommendation, please video yourself doing the exercises! Once commemorated to video, such will make a great exhibit to a jury, or will make a strong presentation to the insurance company. Third, if you are in Louisville, I have a chiropractor friend who is seeing patients on a limited basis from his office in Jeffersonville, Indiana. Indiana has allowed his office to stay open as an essential business, so long as proper safety protocols are followed. I also have a physical therapist friend in Louisville who is still working with patients one at a time, by specific appointment, following the recommended safety protocols. Fourth, have your family videotape your limitations while you are at home. Simply getting up and down from a chair, or taking the stairs one at a time may be a struggle right now. Commemorate your limitations to video, as I mentioned above. Finally, think about witnesses to testify about the “before” vs. “after” accident you. Make a list for me, or your lawyer, if not me. And stay patient and positive. Your injury may just need more time to heal. At the very least, get the rest your body needs. And if you need someone to brainstorm with, then call me, or your lawyer, if not me. Hope you feel better soon!

Holiday decorating is a wonderful family tradition. Although I am from a working class family that was just scraping by during my childhood, I still have vivid and cherished memories of our family Christmas decorations. A single strand of colored lights across the front of our one-story house was magical. Our stick straight aluminum tree with blue Christmas ball ornaments still makes me smile. One of my older brothers still puts it up, some 50 years later! I know that I am not alone in my love of decorating. 76% of Americans decorate their homes in some way during the holiday season so it should come as no surprise that Christmas decorations cause more than 2,000 fires every year, 5,000 or more trips to the ER, and millions of dollars in personal property damage. Follow these holiday decorating tips for a safe and merry season. Carefully inspect each electrical decoration for frayed sockets, loose or bare wires, and loose connections. Never use more than 3 strands of lights per extension cord. Never staple or nail your electrical wires or extension cords. Turn off electrical light strings, candles, and other decorations before leaving home or going to bed. Plug outdoor electric lights and decorations into ground fault circuit interrupters (GFCIs). Never use electric lights on a metallic tree. If you use a live Christmas tree, be sure to keep it watered and inspect it regularly to make sure it's not too dry. Be sure chimney and fireplaces have been inspected and cleaned. Keep your fire extinguisher handy! HAVE A SAFE AND MERRY CHRISTMAS!

Many people wonder if they really need an attorney if they have been injured as a result of another’s fault. Unless it is a very, very small case, and there are even dangers in doing that oneself, I highly recommend that one at least get a FREE consultation with me, or another qualified attorney, before attempting to settle your case. Keep in mind that the insurance adjuster does not work for you. Her or his job is to resolve the claim as quickly, and as cheaply, as possible. The adjuster has a duty to protect their insured, and get you to sign a full release of liability, if at all possible. Adjusters may try to get a quick settlement, especially if you have ongoing lost wages and have medical bills piling up. What if your case is not ready to settle? What is you are still seeking medical treatment? What if future medical treatment may be needed? Settling too quickly probably means settling too cheaply. The evidence in your case needs to be developed in order to maximize your likelihood of resolving your case for the maximum amount you can get. Insurance companies and powerful corporations rarely, if ever, admit to being wrong, or that they are at fault. Never expect that liability will be uncontested, even when the fault of the other party seems obvious. If your case doesn’t settle for an amount that the adjuster is voluntarily willing to pay, and the matter needs to go to Court, be prepared for all sorts of roadblocks to be set before you. A prompt and thorough investigation is key to getting your case started on the right foot. Evidence can be lost or, sometimes, destroyed. Eyewitnesses may be unavailable, or may not have a clear memory as time passes. Ensuring that the defendant preserves videotape or other business records needs to be immediately requested. Sometimes an expert needs to be consulted to prove the claim in Court. After all, the injured person bears the responsibility of proving his or her case. Choosing the right lawyer will significantly improve your case’s chance for a successful recovery. In these times, it is also critical that your health insurance coverage is properly working for you. A properly qualified lawyer will review with you how the medical bills will be processed and paid, and if you need a recommendation for a qualified medical provider, will know who is a great healer, and also if he/she is a great witness. Claims against powerful entities such as the government, including public officials and the police department, big trucking companies, and national or global corporations, to name a few, are especially difficult because they will be gathering evidence and working on defending themselves from the get go. They spring into immediate action to “reconstruct” the accident in the light most favorable to them. You need a lawyer skilled in: Investigating the accident scene. Talking to witnesses and recording witness statements. Obtaining surveillance videos from nearby homes and businesses. Securing any recordings of 911 calls related to the accident. Examining vehicles involved in the crash. Hiring expert witnesses. Encouraging immediate and appropriate medical treatment and obtaining all medical records. Preserving evidence from a governmental entity, trucking company or corporation. Getting an experienced attorney involved early on in your case is critical to protecting your rights and your future. I have been practicing law, fighting for injured people’s rights, and doing battle with rich and powerful insurance companies and large corporations for almost 40 years. I have successfully settled more individual injury cases than any other lawyer in the Commonwealth. A consultation will me is FREE and I only get paid when I win or settle your case. Call now!

To the insurance company, the main factor to be considered is your medical treatment and medical proof. If the doctor does not say that you are hurt, the insurance company will try to use that evidence like a bullet-proof vest. If you do not go to the doctor frequently, any gap in medical treatment will seem suspicious to them. While I never recommend going to the doctor unnecessarily, you need to go to: 1) get better, obviously; and 2) prove your damages. Some doctors are great advocates for their patients, and some are, well, wishy-washy. Be open, honest and very detailed with your doctor about what hurts, where it hurts, when it hurts, and that the traumatic event is the cause of your symptoms. Be specific! Saying is hurts all over is too vague and does not provide the doctor with specific enough information to help you. Make sure the nurse or doctor or therapist writes down all of your complaints in your medical chart. Communication with your doctor is very important. Focus on why you are there and what the doctor can do to make you better. Have a list of questions ahead of time and tell the doctor you have some questions for her or him. The more details that you provide, the more likely the doctor will be your advocate. Be sure to provide a lot of information, but also ask a lot of questions, such as: Does the doctor believe that the traumatic event caused your injuries? What is the doctor’s diagnosis? In other words, what did the accident cause and what is wrong with you. What is the doctor’s prognosis? In other words, what is the doctor’s opinion about your medical future. Will you need future medical treatment, and what will that cost? Can you return to work, with or without recommended restrictions? Will you ever be able to work without restrictions? Will you suffer with pain in the future because of your injuries? Will you need medicines in the future? If you need therapy, how long will it be needed? Will you have a permanent injury or does your doctor expect you will make a full recovery? If you have a permanent injury, what physical limitations or restrictions are recommended? Have you sustained a permanent functional impairment as a result of your injury?

Clients always wish to know, early on, what her or his case may be worth. The most honest answer I can give is, “Whatever amount a jury awards you”. Well, that’s pretty vague and not usually satisfactory. Short of a jury trial, perhaps I can answer the question this way. Insurance companies see claims as either “short-term” or “long-term” as far as value. The longer you suffer, of course, the more the claim is worth. So, let’s explore each. In the short-term, an injured party will have medical bills, medicine, medical supplies, perhaps lost wages, and physical pain and mental anguish, which is fear of the unknown. Their lives will be turned upside down and inconvenienced. They worry, fret, and their physical activities at work, home and play will be affected. Their suffering may also affect their spouse and family. Loss of enjoyment of life is a recognized element of damage in the Commonwealth of Kentucky and in the State of Indiana. Someone injured may need help in doing the physical tasks they could previously perform. If they hire someone to do the yardwork, routine maintenance around the house, and other chores, they may also be able to claim these replacement services. For a long-term claim to be considered by the insurance company, a qualified doctor will need to provide an opinion that the injured person will likely suffer into the future. It is helpful if the doctor can quantify the functional impairment and physical restrictions or limitations likely to be suffered. Then a skilled lawyer can advocate for reduction of earning capacity, a life care plan for future medical needs, and otherwise seek damages for an injured person’s statistical life expectancy. Unsurprisingly, these damages add up quickly to a very large sum of money. A skilled lawyer can help direct the path that your claim may take, whether short-term, of if, unfortunately, you will suffer on a long-term basis. Communication with your medical providers, perhaps using a vocational expert, and knowledge of medical impairment ratings and guidelines, will go a long way in getting the maximum compensation for your claim. Always remember that I am available for a FREE consultation, and that I get paid nothing unless I win or settle your case. To me, my most important case is…YOURS! What Elements of Damage are Recoverable in a Personal Injury Claim? The law in the Commonwealth of Kentucky recognizes several elements of damage can be recovered in a personal injury claim, including: • Medical Expenses incurred in the past. Medical expenses the doctor says you will likely incur in the future. • Physical pain and suffering from the date you were injured until you have “recovered”. Future physical pain and suffering that your doctor says you will likely incur in the future. Mental anguish, fear of the unknown, anxiety, and worry you have suffered from the date you were injured until you have “recovered”. Future mental anguish, fear of the unknown, anxiety, and worry if you have a long-term injury. • Lost wages and benefits in the past. Lost wages and benefits you will likely incur in the future if you have a long-term injury. • Reduction of earning capacity if you have a long-term injury. • Loss of enjoyment of life. • Loss of consortium (the aid, care, companionship and society) suffered by your spouse as a result of your injuries. • Loss of services, if the injury is to a child. • Property damage, including towing, storage and rental car expenses if the damaged property is a motor vehicle. If you need a skilled lawyer to assist you in recovering your maximum damages, then call me! My most important case is…yours! ***************************************************************************************************************************************** What is Pain and Suffering? In a classic poem of Western literature, “Dante’s Inferno” (inferno is Italian for Hell), Dante details 9 concentric circles of torment located within the Earth that Dante experiences in his journey through Hell, as guided by the ancient Roman poet Virgil. Pain is described by Dante as the window looking into Hell. The physical feeling can be burning, stabbing, stinging, throbbing, sharp, dull, nagging, or just plain annoying. Everyone has a different tolerance for pain. Some people can function with pain; others are just too ridden with the pain to function. Pain can also be mental or emotional, with the same affects on one’s ability to function. Proving your pain may be best accomplished and understood by comparing your lifestyle and activity at work, home, and play/fun time, before and after the injury. What did you physically and emotionally do at work, home, and play before the injury? After suffering the injury, how did those physical and emotional abilities change? For how long have the changes occurred? Will the changes continue into the future? Do you have a short-term injury or a long-term injury? Physically, how active were you before your injury? What are the demands of your job physically? Were you active in sports? Did you do things around the house and perform maintenance or chores? What are your hobbies? What physical activities were required? In essence, how has your life changed? Regarding work, are you able to do lift, carry, push, and pull? Do you work with your arms and hands? Do you sit or stand for long periods? Are you operating under work restrictions since your injury? Are you working fewer hours because of your injury? Do you have to get up and move around frequently, or have your changed your workstation? Have you lost your job because you can no longer perform the necessary work duties? Do you suffer from depression, anxiety, or some other form of emotional distress since your injury? Do you have trouble sleeping? Do you suffer from PTSD? How about your personal relationships? Have they changed or been negatively affected? Insurance companies evaluate claims based on whether your damages are short-term or long-term. The more details that you can provide as to the difference in your abilities to function before and after your injury can make a big difference in getting a small settlement or a large settlement. So can choosing the right lawyer to represent you! Always remember that my most important case is…YOURS!

Under Kentucky law, if the cost to repair a damaged vehicle is more than 75% of its “fair market value” (70% in Indiana) then the car must be deemed a total loss. The law requires that no vehicle be driven on the roadway if it is not safe to operate. The owner of the car is entitled to claim the “fair market value”, which is what was the car worth on the day it was destroyed. What does that really mean? The fair market value is what a willing buyer and a willing seller thinks the car was worth on the day it was destroyed. If one goes on-line to shop for a car and sees the asking price, that’s what a willing seller thinks it is worth. If one offered less to buy it, that’s what a willing buyer thinks it is worth. If the buyer and seller horse-traded around and agreed on a price, that’s is the car’s actual fair market value. One can use the NADA, Kelley’s Blue Book or some other standard to help, but the issue is what that particular car was worth. Since the owner will need to buy another car, I always suggest that a reputable car dealer can help by providing an expert opinion as the fair market value. The owner is also entitled to the loss of use of the vehicle, the rental car fee, towing, storage, tax and license fees. If the owner wishes to keep the damaged car, then the owner will need to convert the title to a salvage title at the clerk’s office, and the salvage value will be deducted by the insurance company when a settlement is reached. I am always happy to help in these matters. My most important case is…YOURS!