Frye & Troxler PSCFrye & Troxler PSC2024-03-13T09:14:50Zhttps://www.fryelawpsc.net/feed/atom/WordPress/wp-content/uploads/sites/1302085/2021/05/cropped-3548904_favicon-32x32.pngOn Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488452024-03-13T09:14:50Z2024-03-08T10:14:04Zit is essential to know your options and take the right steps to protect your rights.
Kentucky’s no-fault system
In Kentucky, the no-fault insurance system means each party involved in an accident turns to their own insurance provider initially, regardless of fault. Understanding this system is crucial for navigating the claims process effectively. This means that, even if the other driver was at fault, your insurance company is the initial place where you file.
However, if your damages are more than your insurance coverage, or your injuries were severe, you can file against the at-fault driver’s insurance carrier. In addition, if you file the appropriate form, you can opt out of this no-fault system.
Remain calm and gather evidence
If your claim is denied by the at-fault insurance carrier, keep calm and consider appealing directly to the insurance company. This is usually done with additional evidence supporting your claim. If necessary, you can also file a complaint with the Kentucky Department of Insurance.
Seek immediate medical attention
Prompt medical evaluation is crucial for both your health and your claim. Even in a no-fault system, delaying or refusing medical treatment can give the insurer reasons to deny your claim.
Understand comparative fault
Moreover, Kentucky follows a comparative fault system too. This means that even if you share some blame for the accident, you may still be entitled to compensation. Though, your amount of compensation is lessened by your amount of fault. This means that if you were 10% at fault, you are only entitled to 90% compensation from the other insurance company.
Conclusion
Remember, you have rights, and with the right information and legal support, you can navigate the aftermath of a car accident effectively. Stay informed and persist in pursuing the compensation you rightfully deserve.
]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488442024-02-26T19:22:44Z2024-02-23T19:15:35Zcreation of easements involves specific criteria.
Negotiating access easements
Negotiating an access easement demands a thoughtful and nuanced approach. The process, though complex, can be navigated successfully by adhering to key steps. First, understand your rights. Familiarize yourself with Kentucky easement law to grasp the legal intricacies and potential avenues available for negotiation. Understanding your legal position provides clarity and strengthens your negotiating stance.
Initiate an open dialogue with your neighbor. Discuss your needs, concerns and potential solutions. Maintaining transparent communication is pivotal to a successful negotiation.
Approach the negotiation table with a willingness to compromise. Find common ground to ensure a balanced solution that meets both parties’ needs.
After you reach an agreement, draft a comprehensive agreement. Clearly outline the terms of the easement agreement. Specify the land’s designated use, maintenance responsibilities and any compensation involved. A well-drafted agreement serves as a foundation for a fair and mutually beneficial outcome.
Legal formalization
Once you reach an agreement, engage a lawyer or title company to formalize the arrangement and ensure it is recorded in the county records. This step safeguards the integrity and enforceability of the negotiated terms.
Maintaining neighborly relations
Throughout this intricate process, preserving a positive relationship with your neighbor is paramount. Remember, both parties will continue to reside in close proximity even after the easement is granted. Open communication, fairness and legal formality contribute to a smoother negotiation process.
Successfully negotiating an access easement in Russell, Kentucky, requires a strategic blend of legal understanding, effective communication and fair compromise. By navigating the intricacies of Kentucky easement law and following a systematic negotiation process, individuals can achieve a mutually beneficial outcome while fostering positive neighborly relations.]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488432024-02-08T22:30:38Z2024-02-08T22:30:38Zsays otherwise. People who believe they or a loved one was injured, suffered a worsened condition or died due to some type of medical error need to think about all they have lost and know what they can do to hold a negligent medical professional or facility accountable.
Diagnostic errors led to a quarter of fatalities or intensive care
The Johns Hopkins study found that one in four people who needed to be moved to intensive care or lost their lives were impacted by a diagnostic mistake. This came to nearly 800,000 people. This report was released almost a decade after a separate study stated that that there were 12 million adults being misdiagnosed on an annual basis.
In addition, some demographics are at greater risk than others. There is a 20 to 30% greater chance for minorities and females to be misdiagnosed when compared to white men. According to researchers, this continues to be a major issue.
Often, the simple act of a doctor not listening closely to a patient’s complaints is a primary culprit in a medical misstep that can cause untold damage and even be deadly. Lack of insurance, poor quality medical facilities and the failure to order tests to discover what might be wrong or rule out specific ailments are also mentioned as catalysts for medical errors.
Recognize the possibility of medical errors
At every step of the process, a person can be harmed by a medical misdiagnosis or other mistake. That includes the initial examination, testing, misdiagnosis, dispensing medication, surgical errors, not being diagnosed in time and more. The entire case needs to be assessed from the start to see if medical malpractice occurred. If there is suspicion of a medical error, there are ways to be compensated for all that was lost. Having trustworthy help can make a major difference in reaching a successful outcome.]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488422024-02-08T22:28:11Z2024-02-08T22:28:11Zgetting a gray divorce doubling for those over 55 and tripling for those over 65 when compared to 1990, it is wise to think about how to proceed.
Recognize the realities of a gray divorce
Any divorce will require people to make financial adjustments. This is particularly true with gray divorce. Statistically, researchers found that men see their standard of living reduce by more than 20%. For women, it is 45%. Overall wealth for both reduced by 50%.
This is especially troublesome for women. Despite women having a greater likelihood of requesting the divorce, they need to think about the financial realities after doing so. In the past, women were homemakers at a much higher rate limiting their options for gainful employment after a divorce. Age is also an obstacle to supporting themselves and maintaining their marital lifestyle. There are specific areas to concentrate on when pursuing a divorce at an older age.
Retirement plans will need to be updated. Couples might have combined accounts and looked toward a future in which they no longer needed to work. The retirement accounts could be split as part of property division, but there is nuance that must be understood. In addition, they will no longer be sharing costs and benefits. For example, finding a new place to live, making sure there is adequate healthcare coverage and other bills come to the forefront.
Finding a job is not going to be as easy for an older person who might have been out of the workforce or who does not have marketable skills and training. Prospective employers cannot make employment decisions based on age, but that does not mean they are obligated to hire people who they do not believe are suitable for the job. This needs to be considered as part of the divorce.
In long marriages or situations where people had substantial assets, there will be an accumulation of property. Perhaps there is a family home that they purchased early in the marriage and has increased in value. That will likely need to be sold if the sides cannot forge an agreement for one to retain it with the other either making a trade of property or buying them out.
Other types of property will inevitably up for dispute including automobiles, vacation property, collectibles and personal items. Some can negotiate in good faith to settle the case, but it can be costly and time-consuming to go back and forth about property division.
Preparation is key with a gray divorce
There are viable solutions to any family law problem and it is important to be aware of how to achieve the objective of moving on and being financially stable when doing so. Whether it is from the perspective of the higher earning person or the person who will be receiving support, it is vital to be prepared with advice from those who are immersed in the area, understand the local community and want to help achieve a positive solution to every family law challenge.]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488392024-01-25T20:57:38Z2024-01-25T20:57:38ZEstate planning and finances
A recent news article mentioned a few specific areas regarding finances that should be considered in the estate planning process – especially for older Americans who might just be getting into the process in their later years. For example, the article mentioned that it is important to consider how taxes might play a role in your estate plan. Will an estate tax come into play? What about gift taxes? Or, do you want to set up your estate plan to shield your assets as much as possible from tax implications? One way or another, taxes need to be considered when it comes to estate planning.
A trust is another important financial tool to consider as you think about your estate planning options. To put it simply, an irrevocable trust is established so that the assets that are transferred to the trust are there to stay: the trust becomes the owner, and the person who transfers the assets typically does not have the ability to go back on that decision. But, there may be huge tax advantages to establishing an irrevocable trust.
These are just a few examples of things to think about when it comes to your finances and estate planning. The bottom line is that your financial situation is unique and, obviously, that means that the estate plan you craft will need to suit your goals and needs. However, it is important to do your research and consider how your estate planning steps will impact your present and future financial situation.]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488382024-01-08T10:11:15Z2024-01-12T10:09:43Znursing home abuse or neglect come to light every now and then. Such incidents raise serious questions about the quality of care provided, even after residents and families have incurred significant costs.
Reporting nursing home abuse or neglect
In Kentucky, there are two government bodies that aggrieved nursing home residents or their families may contact in the event of any form of abuse or neglect: the Office of Aging Services of Kentucky and the Office of Inspector General of Kentucky.
The Office Aging Services of Kentucky is an ombudsman that provides information on nursing homes in the state. It also resolves issues that arise between nursing home and their residents or their families. The ombudsman can be contacted through phone, fax, or their website. The working hours are 8:00 AM to 4:30 PM on all days.
The Office of the Inspector General of Kentucky is a nursing home state survey agency. This agency is the place where aggrieved nursing home residents or their family members can submit a complaint related to the quality of life in the nursing home or the quality of care that is provided by the nursing home and its staff.
What else should one do?
In addition to filing a complaint with the government bodies mentioned earlier, it may be a wise decision to seek legal help if you suspect or experience any form of abuse or neglect while being a resident at a nursing home.
A legal action related to nursing home abuse or neglect is covered by Kentucky personal injury laws. Like any other area of law, navigating the legal maze can be a challenge for many people. That is where professional guidance is helpful.
]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488372023-12-29T09:17:28Z2023-12-29T09:17:28Zthere is a limited time window to file a medical malpractice claim in Kentucky.
Medical malpractice
Medical malpractice occurs when a medical professional (doctor, dentist, nurse, etc.) fails to meet the standard of care expected of them in their field. If that failure resulted in an injury, illness or death to the patient, medical malpractice likely occurred.
There are many examples of medical malpractice. This includes the misdiagnosis or delayed diagnosis of a disease or some other condition. It can also include surgical errors or complications, or medication errors or adverse medication reactions. Medical malpractice also includes birth injuries and defects. And, it includes errors that occurred in an otherwise successful surgery, like anesthesia errors or complications, subsequent infections or sepsis, a failure to obtain informed consent, failure to monitor or follow up, etc.
However, there are some exceptions and extensions to this rule. For example, if the injury was caused by a foreign object left inside the body during surgery, such as a sponge or a clamp, the statute of limitations is 1 year from the date of discovery or 5 years from the date of surgery, whichever is earlier.
Another example is if your injury was caused by exposure to radiation, such as from an x-ray or a CT scan. In those cases, the statute of limitations is 1 year from the date of discovery or 5 years from the date of exposure, whichever is earlier.
Yet another example is if you were injured as a minor. In that case, the SOL is 1 year from the date of your 18th birthday or 1 year from the date of discovery, whichever is later.
Though, if the injured person is mentally incompetent, the SOL is tolled, or paused. This pause stays in place until the injured person regains their mental capacity or until a guardian is appointed for them. The SOL is why it is so important to fight back immediately.
]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488362023-12-20T21:52:36Z2023-12-14T21:37:58Zaccording to state law and what it means for the case, specifically with visitation rights for the non-custodial parent.
Visitation rights will hinge on the circumstances
The non-custodial parent will generally receive reasonable visitation rights with the child unless the court decides it is not in the child’s best interests. If, for example, the child might be in danger of harm, visitation rights could be denied or need to be supervised. The child’s health is the primary component when this decision is made. The court can also specify when the visitation will take place, where it will be, how long it will last and how it is scheduled.
In cases where there are accusations of domestic abuse, the court will have a hearing and decide on how visitation will be addressed. There is the possibility that there will be no visitation at all. The child’s age and development are also fundamental factors in making the decision. These orders can be modified as circumstances change. In some instances, a relative could have been given temporary custody of the child before they went to reside with a parent. The court can give that person visitation rights.
The child’s needs should come to the forefront
In family law, the main concern is the child’s well-being and making sure they have a safe environment with everything they need to mature, develop and thrive in a nurturing atmosphere. Despite that, it does not mean that parents will agree on how to achieve this goal. Disputes can arise and accusations are often lodged and denied.
From the start, it is wise to focus on the child. For people who cannot agree on custody and visitation, it is essential to know the law and what avenues are available to achieve a positive result, especially for the child.]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488352024-01-08T14:46:02Z2023-12-14T08:26:27ZWhat mistakes do you need to avoid in your criminal case?
The mistakes that are in play are going to depend on the type of case you’re facing, but there are some general errors that could be devastating to your case and that you’ll want to avoid. They are:
Consenting to a search: Before the police can execute a search, they either need a valid search warrant supported by probable cause, or they need to legally utilize an exception to the warrant requirement. These are high hurdles for law enforcement to clear, but all too often accused individuals give the police a pass by consenting to a search. This allows the police to gather evidence that they otherwise might not have been able to get their hands on.
Talking to the police: You might think that you can wiggle your way out of suspicion by talking through your case with the police. But this can be a massive mistake, as the police are adept at twisting statements to get people talking until they end up incriminating themselves. You’re better off staying quiet unless and until your attorney advises you to do otherwise.
Discussing your case with others: As you navigate a criminal investigation, you might seek help, comfort, and solace from those who are closest to you. While you might feel a sense of relief when you discuss your case with these individuals, it could come back to bite you in a big way. This is because your discussions aren’t confidential, and the prosecutor can force those individuals to appear in court where they’ll have to answer tough questions about the conversations that you’ve had with them.
Altering, hiding, or destroying evidence: Manipulating, hiding away, and destroying evidence interferes with a police investigation, which is a crime itself. Additionally, when the police find out that you’ve messed with relevant evidence, and they’ll likely find out, you’re going to look more guilty than you did initially.
Tampering with witnesses: If there are people who are likely going to testify against you in your criminal case, then you might be tempted to reach out to them to explain what they think they saw or heard. But this, too, can constitute a criminal offense and leave you looking guilty.
Find the best way to build and present your criminal defense
There’s too much on the line in your criminal case to put forth a lackluster criminal defense. Instead, you need to diligently assess the facts, gather evidence, talk to witnesses, analyze the law, and develop persuasive legal arguments. Only then can you rest assured that you’ve done everything you can to protect yourself, your rights, and your future. Hopefully then you can secure an outcome that allows you to reclaim your life.
]]>On Behalf of Frye & Troxler PSChttps://www.fryelawpsc.net/?p=488342023-12-11T12:17:26Z2023-12-01T12:16:23ZEstablishing paternity
If the parents agree on paternity, they can complete a form called a Voluntary Acknowledgement of Paternity. This is usually completed at the hospital where the child is born or at the local health department.
If they do not agree on paternity, they can file a paternity action with the court. The court will order a genetic test to determine whether the proposed father is the child’s biological father. If he is, the court will issue an order of paternity, which allows the father’s name to be added to the child’s birth certificate.
Obligations and enforcement
Once paternity is established, the child’s father is obligated to financially provide for the child’s basic needs, like food, clothing, shelter, education and healthcare. However, the court will consider both parents’ income and how many other children they have when determining how much the father will pay in child support.
The child also has rights to inheritance, information about their father’s genetic background and may be eligible for other benefits. It also can give the child a sense of belonging within their family when they know their father’s identity.
If the child’s father fails to pay court ordered child support, the other parent can go to court to request enforcement. The court may take several steps, including contacting the father’s employer to garnish his wages, ordering a lien on his property and in serious cases, may order jail time for non-payment.
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