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12.07.2017

Tennessee Supreme Court upholds the Collateral Source Rule in personal injury cases

By Kyle Roby English, Lucas, Priest and OwsleyWhen you are injured in an accident, you may sue to recover the costs of reasonable and necessary medical treatment following the incident. How do you determine what those costs are and the reasonableness of them? Is it the medical bill itself? Is it what your health insurance paid? Is the other side entitled to a credit or set-off if the cost of your medical bills are reduced by insurance payments or the hospital charges a different rate for your health insurance? These are some of the questions you may have when trying to determine what is the reasonable cost of medical treatment in a personal injury case. In most states, Courts will follow what is known as the collateral source rule. The collateral source rule is a rule of evidence that prohibits the admission of evidence that the plaintiff or victim has received compensation form other than the damages sought against the defendant. Typical examples of a collateral source are medical bills paid by health insurance or payments made by workers compensation. Recently, the Tennessee Supreme Court was faced with the question of what was the reasonable cost for medical services in personal injury cases. This case, Dedmon vs. Steelman, is an important win for Tennessee patients and personal injury victims. The Tennessee Supreme Court heard the case in April and issued a ruling on November 17, 2017. Read More

12.05.2017

Kentucky Appeals Court sides with homeowners in construction accident case

When a person who is injured due to another party's careless conduct files a lawsuit, he or she may expect the matter to be concluded either by a jury trial or by a settlement. However, a significant number of Kentucky personal injury cases - especially premises liability lawsuits arising from slip and falls, trip and falls, and fall down accidents - are resolved via a motion for summary judgment. By granting summary judgment, a trial court is saying, in essence, that even if everything the plaintiff says in his or her complaint is true, the defendant is entitled to a judgment as a matter of law. Summary judgment is only appropriate in situations in which no genuine issues of material fact must be resolved in order for the issues to be decided. Read More

11.29.2017

Common sense and trust distributions

By Leah Morrison, Attorney English, Lucas, Priest and Owsley, LLP When it comes to planning to avoid or minimize Federal Estate tax, there are four (almost) magic words that frequently appear in trust documents: health, education, support and maintenance, known in the trust and estate law industry as HEMS. Outside of the tax advantages of including HEMS in a trust document, these words also impact the administration of the trust. When a trust includes HEMS language, beneficiaries from the trust may receive funds from the trust for those type of expenses, and those only. A trustee is placed in charge of the trust. That trustee usually has broad latitude in determining how many distributions are made from the trust and in what amounts – but HEMS language is included to limit what those distributions may be used for. Trustees must ensure that the distributions fall under those categories. Trustees are often a lay person, and in many cases, a family member. This can make things particularly sticky and confusing, especially if there are disagreements among family members. Read More

11.20.2017

Plaintiff receives $98,158 in damages in Kentucky bike accident case

By Kyle Roby Attorney and Partner English, Lucas, Priest and Owsley, LLP Each state has its own rules as to how to handle a case in which both the plaintiff and the defendant are alleged to have been negligent in causing an accident. In a Kentucky car wreck case, the law of pure comparative fault applies. (In some other states, the rule may be modified comparative fault or pure contributory negligence.) Under the doctrine of pure comparative fault followed in Kentucky, the plaintiff can recover money damages from the defendant as long as he or she is not found to be 100% at fault; however, he or she is only entitled to recover the percentage of total damages attributed to the defendant's negligence. Such cases are often hotly contested, since each party may try to pin all or most of the blame for the crash on the other side. Read More

11.15.2017

How to avoid a car wreck in Kentucky this Thanksgiving holiday

By Kurt Maier, Attorney and Partner English, Lucas, Priest and Owsley, LLP As we approach Thanksgiving, travel is on the minds of many Americans. AAA typically releases a travel forecast for Thanksgiving, but hasn’t done so yet this year. In 2016, AAA predicted that 48.7 million people would travel for Thanksgiving, with driving being by far the most popular option for getting to that destination. This was an increase from previous years, thanks to lower gas prices and improved economic conditions. Much of that travel is by car, with many heading out on Wednesday, November 22, this year to visit family for Thanksgiving. In the south, it seems like there is road construction year-round, and that creates a lot of stop-and-go traffic. Top that off with uncertain chilly weather that can even turn icy and you’ll find a near-perfect set up for car wrecks. Read More

11.07.2017

Kentucky Appeals Court Dismisses Public Street Injury Claim Based on Insufficiency of Notice to City

Filing a personal injury lawsuit against a city can be very tricky. If certain rigid procedural requirements are not met, a plaintiff’s case can be dismissed even if a city was clearly negligent. This is one of many reasons why it is best to consult an attorney as soon as… Read More

10.31.2017

Kentucky Auto Accident Claimant Had Obligation to Submit to Pre-Suit Deposition Before Receiving Basic Reparations Benefits

Kentucky is a no-fault insurance state. This simply means that each party in a Kentucky auto accident case must first seek payment of medical expenses up to $10,000 from their own insurance companies through a claim for basic reparations benefits (also known as personal injury protection - or PIP - benefits). If a person sustains serious injuries, it is usually still possible to pursue compensation from the negligent motorist. Facts of the Case In a recent (unreported) case appealed from the Jefferson Circuit Court, the insured motorist was a woman whose vehicle was struck from behind in a multi-car accident in May 2015. At the scene, the insured motorist did not report any injuries, but there was minor damage to her vehicle's rear bumper. The insured motorist later sought chiropractic treatment for injuries she alleged resulted from the accident, submitting the bills to the insurance company for payment under her basic reparation benefits (BRB). The insurance company did not pay the insured motorist's medical expenses, instead filing a petition to compel the insured motorist to give a pre-litigation deposition. The insured motorist filed a counterclaim, alleging that the insurance company's refusal to pay her medical expenses immediately was a violation of the Kentucky Motor Vehicle Reparations Act. The circuit court found that the insurance company had shown good cause for its request for a deposition and ordered the insured motorist to comply within 30 days. It also dismissed the insured motorist's counterclaim. Read More

10.26.2017

Treasury Department announces new limitations for pension and retirement plans, other changes for 2018

Each year, the Treasury Department examines the cost of living in the U.S. and adjusts limitations for retirement plans and many other similar items that affect taxpayers throughout the U.S. As has happened previously, the Treasury raised the limits for contributions to pensions and other retirement plans such as 401(k)s, 403(b)s and most 457 plans.  All of this helps today’s workers save for retirement with pre-tax dollars, which is a tremendous benefit. Our tax code requires the Secretary of the Treasury to make this adjustment. The biggest news is that the contribution limit to employer-sponsored retirement plans, such as the above-mentioned 401(k)s, etc., has gone from $18,000 for calendar 2017 to $18,500 for calendar 2018. If you were bumping up against this limit in 2017, you can now adjust and put in just a little bit more, which is always good news. Read More

10.19.2017

Appeals Court Reverses Dismissal in Tennessee Car Accident Case

Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident. Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured - typically for property damage or medical benefits - and is seeking repayment from the person whose negligence caused the crash. Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion. Read More

09.29.2017

Claimant Had Contractual Duty to Answer Questions Under Oath to receive PIP benefits

People who must rely on PIP benefits available under a policy of uninsured motorist coverage following a Kentucky hit and run accident are often surprised at how contentious the process of obtaining fair compensation can be. It might seem that the insured person and the insurance company are "on the same side," especially if the claimant has been faithfully paying his or her premiums for many years. The truth is that an insurance company is still an insurance company. It does not matter whether a claim is paid out under a UM/UIM policy or a liability policy; the company will still do everything it can to limit the amount paid out. Read More