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06.24.2015

Tennessee Car Wreck case affirmed

When someone is injured in a car accident, there are several different types of damages that can be included in a settlement or judgment, assuming that a case of negligence can be made against the negligent driver. Depending upon the circumstances, possible damages include past and future medical expenses, lost wages, loss of future earning capacity and property damages. Non-economic damages, such as pain and suffering and loss of enjoyment of life, are more difficult to calculate than economic damages, such as medical bills and lost wages. Often, these are the most heavily contested elements of a car wreck case, once liability has been established. Sometimes, those types of damages are even the subject of an appeal. Read More

06.23.2015

What happens when you don’t have a will, and you leave behind a spouse and adult children?

By Nathan Vinson Attorney English, Lucas, Priest & Owsley, LLP Many people have a misconception about Kentucky law when it comes to how your property is distributed after your death. People assume (as would be logical) that given that a husband and wife… Read More

06.16.2015

Kentucky Statute of Limitations for Car Accident Determined by Date of Issuance of Replacement Check, Not Date of Original Check That Was Lost – Beaumont v. Zeru

Most civil lawsuits involving personal injury are subject to a statute of limitations, or time limit, after which a party has no legal recourse unless a special exception applies. When this happens, it is often said that the statute of limitations has been "tolled." Both the length of the limitations period and the possibility of tolling can vary widely, depending upon the state in which the accident occurred. The recent case of Beaumont v. Zeru discussed the extent to which an insurance company's payment of certain benefits affects the time period during which an injured motorist may file suit against the responsible party. Read More

06.10.2015

Tennessee Appellate Court Upholds Verdict Against Uninsured Motorist Carrier in Car Accident Case

Most drivers carry at least some uninsured/underinsured motorist protection, but many do not understand the difficulties that may arise when it comes time to make a claim under this coverage. Unfortunately, simply having an accident with an uninsured or underinsured motorist does not automatically result in a payout by the insurance company, even when the insured's injuries are catastrophic or fatal. Instead, the insured person (or his or her family, in the event of a wrongful death), must negotiate a settlement with the insurance company or proceed to trial against the uninsured person and obtain a verdict. Even then, the insurance company has a right to appeal the verdict on the grounds that it was improper or excessive. This is exactly what happened in the recent Tennessee case of Monypeny v. Kheiv. Read More

06.09.2015

Titling a bank account: why it matters

Estate law By Nathan Vinson Attorney, ELPO Law It’s a fairly simple act to add someone as a second account holder on a bank account. Usually, a visit to the bank with both persons and signing a few pieces of paperwork is all it takes. We often see clients add an adult child as a co-owner of a bank account, thinking this will make things easier for them should the child ever need to pay bills on their behalf. There’s a problem, though, with adding someone as an equal account holder. Upon your death, the survivor can keep all of the money in that account. It bypasses probate and does not become part of the estate. Read More

05.26.2015

The safest bet in town: the IRS wants a cut of your winnings

By Nathan Vinson Attorney, English, Lucas, Priest & Owsley, LLP Ah, spring in Kentucky. If you automatically think of horse racing when you read that statement, you’re not alone – lots of folks do. It’s a great pastime particularly beloved in the Bluegrass State. This year, we’ve watched the rise of American Pharaoh as the horse that won the Kentucky Derby and Preakness. Next up is the Belmont Stakes, set for June 6 in Belmont Park, Elmont, New York. If American Pharaoh takes the Belmont Stakes, he will be the first Triple Crown winner since Affirmed in 1978. The allure of picking a Triple Crown winner often draws a lot of interest from long-time gamblers and novices alike, so we thought we’d review with you what happens if you do, indeed, win big at the track. If you are clutching that winning ticket as your pony crosses the finish line, it’s a safe bet that the government wants a cut of those winnings. There are two ways to win at the track: (1) bet on a horse or (2) own a horse. The government is only interested in knowing about your win as a gambler if you win $600 or more, and if your winnings are at least 300 times your wager (e.g. winning $600 on a $2 bet). Of course, all winnings, no matter what the amount, are taxable. Read More

05.14.2015

Reboot your tax planning for 2015 now and get ahead

Every tax season, there are at least a few of us who have some unwelcome surprises. Some discover they were not nearly as organized as they should have been, and can’t find receipts for items they wanted to write-off as business expenses. Others may discover that they made more income than they anticipated, and they owe additional unanticipated taxes. There are plenty more unwelcome surprises, sometimes having to do with divorce or custody issues. Couples sometimes trade off who gets to claim a child as a dependent, and misunderstanding whose turn it is leads to confusion (and fighting). If you own your own business, or just make some side income from consulting, you may find out that you owe taxes because you didn’t pay enough estimated taxes during the year. That’s a common problem that we see often with clients. The best time of year to address these problems is right now. Tax attorneys, accountants and other financial professionals aren’t quite as busy as they are in the first and last quarters of the year executing year-end transactions, followed by preparing returns for clients, and the mistakes you made in 2014 are fresh in your mind. A few simple tips and tricks can get you ready for April 15, 2016. Read More

05.14.2015

Kentucky Federal Court dismisses woman’s medical device product liability lawsuit

In Babich-Zacharias v. Bayer Healthcare Pharmaceuticals, Inc., a woman filed a product liability lawsuit against a pharmaceutical company in the U.S. District Court for the Western District of Kentucky after she allegedly suffered a number of adverse health effects from using the company’s intrauterine contraceptive device (“IUD”). According to her complaint, the woman developed idiopathic intracranial hypertension as a result of her use of the device that was designed to stay in the body for up to five years. If not properly treated, the condition can result in severe headaches and temporary blindness. The woman claimed the patient pamphlet provided to her when the IUD was inserted failed to warn her of the link between her condition and use of the product. Despite this, the woman admitted the information stated further research regarding the medical product was needed. The woman also claimed that the medical device manufacturer failed to conduct sufficient clinical testing and intentionally concealed known risks associated with use of the device from patients and medical professionals in the company’s marketing products. Read More

05.01.2015

FDA regulations regarding generic drug warnings need an update

For people who take a medication, the warnings that comes along with it are the most important protection they have from harmful side effects. New information emerges every day about drugs and its potential side effects. Under the current Food and Drug Administration regulations, getting a proper warning included with drug information is harder than it should be for makers of generic drugs, and the Food and Drug Administration is considering steps to fix that. Since November 2013, the FDA has been considering new rules for generic drugs that would allow manufacturers to expedite the process of revising labels to add warnings or information that is critical for consumers taking these drugs. This can include updating dosage amounts, safety and efficacy information. Under the current rules, generic drug manufacturers must follow the warning labels provided by the brand name drug.  The proposed changes would allow generic drug manufacturers to change the warning labels on drugs if new information is discovered regarding dangerous side effects of the drug. The FDA plan is called Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products. The FDA recently accepted public comments about this change and held a public hearing on it. The American Association for Justice supports this change to allow generic drug manufacturers to update information packaged with their products. AAJ's comments to FDA are available here. Read More

04.30.2015

What happens if your will leaves money to a place that doesn’t exist?

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP In fundraising and higher education circles, the imminent closure of Sweet Briar College in rural Central Virginia has been much-discussed. This small, women-only college has existed for nearly a century and has educated generations of women. But enrollment has declined and school’s board of trustees announced that this year’s graduating class in May will be its last. One alumnae, Teresa Tomlinson, the mayor of Columbus, Georgia, noted that she had told college officials she was going to leave $1 million to Sweet Briar in her estate, and they greeted her news graciously and pleasantly, full of thank you’s and personal notes --- and then announced two weeks later the school was closing. The mayor said she was baffled why school officials didn’t disclose this to her when she told them about the gift. Even if the school changes course again and decides to remain open, those who were going to leave money to the college are probably going to be reluctant to do so again. But what would happen if Sweet Briar College was to receive a gift but then the college closed and the will could not be changed? This happens from time to time with colleges, non-profits and other organizations that are likely to receive bequests from alumni and supporters. The foundation you wanted to support could have merged, changed its goals, re-branded as something else entirely or simply shut its doors. Then what? Read More