Blog

If you drive or ride in an automobile, there's a pretty good chance that you will be involved in an accident at some point in your life. If and when this happens, it pays to seek legal counsel early in the process, even if the negligent driver's insurance company seems cooperative. This is because the legal process can be complex. This Tennessee injury accident case shows why it is important to have a qualified attorney involved in your lawsuit as soon as possible.Unexpected issues such as the timeliness of service of process or the determination of whether a negligent driver is covered under a vehicle owner's insurance policy can pop up even in a seemingly simple car accident case in which fault is clear. Read More

By Nathan Vinson Attorney, English, Lucas, Priest & Owsley, LLPTax season is behind us (ahh, it feels nice to type this…) but it’s never too early to remind folks what to look for in a tax preparer – particularly given the news out of the U.S. Department of Justice earlier this year.The U.S. Department of Justice banned a Kentucky man from preparing tax returns for life after auditing several of his clients’ returns. He offered a service in which he would go to the home of a client and prepare their tax returns on the spot, but he filed fake deductions, including using his own relatives as dependents on their returns and falsifying letters from churches indicating that people had donated money that they had not. He is banned from preparing taxes for life, and rightly so. The Internal Revenue Service takes incidents like this very seriously and has taken a necessary step to help keep the tax preparation industry free of con artists. Read More

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

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

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

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

Estate lawBy Nathan Vinson Attorney, ELPO LawIt’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

By Nathan Vinson Attorney, English, Lucas, Priest & Owsley, LLPAh, 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

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

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