Podcast Archives

Legal Experience Matters: The Importance of Attention to Detail

Episode 11: Louisville personal injury attorney Jim Desmond discuss why he wrote a controversial blog post. He demonstrates why attention to detail matters to him and his clients. A lady called to see if he could help. She had already been turned down by two other larger firms. Jim was able to figure out that actually, a fairly significant case did exist. Let’s talk about why this happens.

Many of the advertising law firms are very competent attorneys. However, when there are a ton of cases coming in, the process matters. Not every case will get the attention it may require. This is especially true if the case isn’t being handled by an actual attorney.

Some television ads mention how a specific firm may have tremendous financial resources to handle your case. That’s true, but it doesn’t matter if the attorney never really gets the time to work on your case. Large marketing budgets and staffs require a tremendous amount of case volume to support those overhead issues.

When an attorney, like Jim Desmond, has the time to investigate the facts and details of your case, there’s a good chance that an effective strategy can be developed, assuming the case itself has merit. Small discrepancies in the facts can lead to significant outcomes. An attorney needs to assess all of the factors, develop a strategy for the case and begin pounding away at the facts of the case. This takes time and attention to execute.

If you’ve been in an accident, the evidence is critical. Photographs, witness statements and other types of evidence help to support your attorney’s argument in the severity of the case, the resulting damages and the value of your case. An experienced personal injury attorney knows how to gather these elements and how to use them. Non-attorney staff members may not have that level of experience.

Jim discusses various ways he handles cases in an effort to maximize the settlement and the funds the client keeps, once all is said and done. This is extremely important when health insurance liens are involved. Kentucky provides no-fault insurance, which should often be reserved to enable other sources of funds to be used before tapping into the no-fault funds, if possible.

The facts of each case are unique to that specific situation. How the case is approached and managed may be very different, because the evidence and the related issues require specific steps to benefit the client’s objectives. A general approach (or template) doesn’t apply. It’s why when handling a legal case, attention to detail matters.

COVID-19 Impacts Law Firms, Too

The system has slowed down for a variety of reasons. However, the process is still moving forward. Staying organized and carefully monitoring the documentation is even more important when others may not be responding as quickly. Let’s be honest, the “normal” way of doing things has been disrupted.

Jim takes specific steps to ensure PPE measures are taken when he’s meeting with clients, during the COVID-19 crisis. Much of the contact can be done over the phone, via mail and other methods. It depends on what the individual client is comfortable with, at this time.

The key is to keep a client informed of the steps that are being taken, behind the scenes. A lot of what goes on may not involve/require direct interaction with the client, but a good attorney will keep the client up to date on what’s going on so they know the case is moving.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.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 and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Kentucky Motorcycle Accident Lawsuit

Episode 10: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode continues the discussion on motorcycle accidents from Episode 9. He’ll now discuss issues related to filing a Kentucky motorcycle accident lawsuit.

What Are the Next Steps at the Hospital?

If you don’t have health insurance, ask to speak with the financial counselors at the hospital. They may be able to help you find sources of coverage. It’s important that you’re able to treated. More importantly, you’ll be able to get the negotiated rates between the hospital and the insurance company.

Jim Desmond will begin looking for any/all sources of insurance coverage, including underinsured or uninsured motorist coverage to help his clients. Motorcycle wrecks usually involve extensive injuries, so the medical bills and lost wages are going to be substantial.

Motorcycle wreck cases test the experience and knowledge of most attorneys. Attorneys want to protect their clients from overwhelming financial burdens, even when the collision wasn’t their fault.

When a Lawsuit Needs to be Filed

Ideally, your case will be negotiated to a fair settlement. If that can’t be reached, it may be necessary to file a lawsuit. This is going to extend the timeline of getting your case resolved and financial reimbursement.

As the lawsuit proceeds, the process of discovery will begin. The depositions will then be scheduled. A mediation is usually scheduled. It’s another chance for the two sides to reach a settlement.

Statute of Limitations

In Kentucky, you have 2 years from the date of the accident, or 2 years from the date of the last no-fault payment (i.e. PIP) to file your lawsuit. If you miss go beyond this window of time, you can’t file. With a motorcycle accident, there is often no PIP coverage involved, so the extra time may not be available to file the lawsuit. For this reason, you need to make sure you understand the timeline.

Policy Limit Offers with Motorcycle Accidents

If you have a carrier offering the policy limits for the at-fault driver, it may cause trouble for you when pursuing the underinsured claim. There are important processes that must be followed. Again, it’s another reason you should hire an attorney.

What Happens if They Appeal the Verdict?

Again, a trial will significantly increase the time it will take to get your case resolved. An insurance company has the right to withhold any payments until the case is resolved. Even if the verdict has been rendered, if the other side decides to appeal the decision, additional time has just been added to the timeline. It’s a risk inherent in taking a case to trial.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

Motorcycle Accidents and Insurance Issues

Episode 9: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer.

The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious. The medical bills and related expenses can be overwhelming. An attorney needs to quickly determine any and all available sources of insurance coverage. It’s extremely important for motorcyclists to understand motorcycle accidents and insurance coverage.

Kentucky has a state minimum level of insurance of $25,000. This may be only be a fraction of the actual expenses. It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance. UM/UIM will add to the available funds to help the injured motorcyclist.

Your motorcycle isn’t adequately covered by your standard automobile insurance policy. Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it. A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage). This lack of coverage creates another financial gap for motorcyclist. PIP coverage is generally $10,000. Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. For injured motorcyclists, this can be a difficult conversation about motorcycle accidents and insurance.

Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist. It does not apply to the motorcyclist.

If a motorcycle wreck has occurred, it’s important that the evidence is preserved. Pictures are extremely important. It’s important to photograph cuts and bruises that may heal by the time the case goes to trial. The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision. The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene.

It’s important to remember to download the photos from your cell phone to a laptop or other storage device. Phones can be damaged or lost. The important photos could be lost.

It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled. It’s very easy to make comments which could later be taken out of context. This often can be extremely damaging to an injured victim’s case. This includes the family and friends of the injured motorcyclist.

Get the Police Report

This important document will list the people involved and their insurance companies. It also often indicates which driver appears to be at fault. The website www.BuyCrash.com is a trusted, easy resource. It’s very inexpensive and can be done quickly. The information on the report is helpful when opening the motorcycle accident claim.

Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance. The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved. If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver. Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict.

Jim Desmond will continue this discussion about motorcycle accidents and insurance issues in Episode 10, launching in 2 weeks.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

More on Car Wrecks Involving Workers’ Comp Claims

Episode 8: In Part 2 of this conversation, Louisville automobile accident attorney Jim Desmond continues his discussion with Louisville workers’ compensation attorney Scott Scheynost about how a collision might involve both an auto accident claim and a workers’ comp claim.

There are more options if a workers’ compensation is involved in your automobile accident case. Rather than simply having to rely on the at-fault drivers’ insurance policy (and potentially your own UM/UIM coverage), Kentucky’s workers’ comp system provides more benefits.

What if a Work-Related Accident Results in Death?

Jim and Scott describe a previous case involving a work-related fatality. Workers’ compensation benefits are often tied to the amount of money you were earning, prior to the accident. However, under the current workers’ comp system, there’s a significant lump sum death benefit amount that’s paid directly to the deceased worker’s estate. The current amount is approximately $85,000. This amount is not related to your earnings.

Your dependents may also be able to receive benefits, based on the amount of money you were making.

How Do Workers’ Comp Attorney’s Fees Differ from Personal Injury Attorney’s Fees?

While a typical personal injury lawyer may charge a 1/3 fee (33%) or more of any financial award in an automobile case, under Kentucky’s workers’ compensation law, workers’ comp lawyer fees are limited to 20%, up to a maximum of $18,000.

Can worker’s comp benefits be disputed?

There may be a valid argument that an employee may have decided to deviate from his/her work-related travel. Generally, minor deviations during the day may still be covered. For instance, stopping off at a restaurant for lunch, pulling into a rest area to use the restroom. It really depends on how far the driver went for a non-work-related activity.

If the workers’ compensation is successful in arguing the employee made enough of a deviation that the accident is not covered, the employee still has the option of pursuing a normal auto accident claim. Remember, if it is work-related, the claim will be handled as a workers’ compensation claim. That system is considered “primary.”

Are Independent Contractors Covered by the Employer if They’re in an Accident?

The employer’s control over the laborer or independent contractor, may legally require the employer’s workers’ compensation coverage to pay benefits. The more say a company has in the activities, tools, etc., the higher the amount of control over the activities of that individual. In this case, the law may actually consider the independent contractor to be eligible for workers’ comp.

If the employer doesn’t have workers’ compensation coverage, the government has a fund to cover these situations, if someone qualifies. This is the Kentucky Uninsured Employers Fund.

A personal injury attorney can handle the property damage and a auto accident claim for pain and suffering. The workers’ compensation attorney will handle the medical expenses claim. There’s also a possibility that both can use a permanent impairment as part of the multiple claims. If your attorneys can work together, you may have multiple options for recovering compensation for the issues related to the collision.

Can Company Executives File for Benefits if Injured Traveling for Business?

For more highly-compensated employees (e.g. managers or executives) who are injured while traveling for business, their medical expenses could be covered, but there is still a limit on the Temporary Total Disability (TTD) payments, because they are capped at 2/3 or your average weekly income. There’s also a cap on the dollar amount of your TTD (currently it’s approximately $900).

If the individual is traveling outside of Kentucky, Kentucky workers’ comp coverage should still apply, in addition to potential automobile accident coverage (e.g. UM/UIM), if they were driving. It’s also possible that local coverage may apply, enabling the individual to choose which system to use.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

For more information about Louisville Worker’s Compensation Attorney Scott Scheynost, visit http://www.scheynostlaw.com/.

Important Disclaimers:

Car Wrecks Involving a Workers’ Comp Claim

Episode 7: Louisville automobile accident attorney Jim Desmond invited his friend attorney Scott Scheynost, who handles Kentucky workers’ compensation, to join him. If you are involved in a collision, while performing work-related activities, you may qualify to file a workers’ comp claim, as well as a personal injury claim.

Louisville personal injury lawyer discusses when you can also file a workers' comp claim — Attorney Jim Desmond

Scott Scheynost discusses filing a workers' comp claim for a car wreck — Attorney Scott Scheynost

Who’s Responsible for My Medical Bills?

If you’re on the job, it’s probably work-related, which means workers’ comp is primary for your medical bills and lost wages. While Kentucky no-fault coverage (PIP coverage) generally covers up to $10,000, there is no limit under Kentucky’s workers’ compensation system for your medical expenses.

Kentucky is a choice-of-provider state. This means you can select your doctor, instead of having to go to a company-select doctor. This is an extremely important because your family doctor will focus on getting you healed, while the company-doctor may have an incentive to contain costs by limiting treatment, tests and potentially urging you to return to work more quickly.

Jim Desmond can the third-party claim against the at-fault driver. Scott Scheynost can handle the comp claim. If you have injuries related to the car wreck, workers’ compensation will cover the medical treatment and lost wages. However, once you’ve recovered, the benefits will stop, unless there’s a permanent problem. The automobile accident claim will address your pain and suffering, which could be more that the amount you received via your workers’ compensation claim.

Permanent Injuries from Work-Related Car Wrecks

If there’s a permanent impairment, that will factor into both the third-party claim and additional money based on your impairment rating. The impairment rating of your permanent disability is based on a number of factors. In Kentucky, you’re also entitled to lifetime benefits as part of your workers’ comp claim. Some injured employees may also qualify for vocational rehabilitation (up to 52 weeks for books, tuition, travel and related expenses).

In Kentucky, you generally have 2 years from the date of the accident to file a claim for a car wreck. Kentucky’s workers’ comp system also has a 2-year statute of limitations, but that goes from either the date of the accident or the date of the last payment for temporary total disability benefits (TTD), whichever is later. It’s a good idea not to wait because gathering the records related to the crash, your medical records and other information can take significant time.

What if My Treatment is Denied?

The workers’ compensation adjuster/carrier can attempt to deny the treatment, but you can also use your PIP coverage to go ahead and at least part of the expense paid for, while the workers’ comp process is being either negotiated or argued before the judge. The earlier you get your claim started, the quicker you may be able to get the treatment you need.

Can I Get Fired if I File a Workers’ Comp Claim?

Kentucky has a specific law to prevent retaliation. If the employer does attempt to retaliate because you filed a workers’ comp claim, it’s important to document what they are doing, what’s changing or being threatened to change. Good communication with your attorney is an important factor in the success of your case.

What if I’m involved in a Collision, on Company Policy, before I Clock in?

If you’re injured in a company-owned parking lot or an area in which the company exerts control, you’re probably eligible to file a workers’ comp claim. Again, good communication with your attorney is important.

If you’re hit by a fellow employee in the company parking lot, Kentucky’s Exclusive Remedy Law may prevent you from suing the employee, but you are still covered under workers’ comp.

However, if you are involved in a wreck with someone who works at the same company, but it’s not work-related, or on company property, you may be able to pursue a third-party claim (e.g. a car wreck claim). This situation isn’t work-related, so Kentucky’s workers’ compensation system would not apply.

For more information about Automobile Accidents, visit https://attorneydesmond.com/.

For more information about Workers’ Compensation, visit http://www.scheynostlaw.com/.

Important Disclaimers:

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