Kentucky Personal Injury Law
Kentucky Family, Divorce, Estate And Probate Law
Kentucky Criminal Defense
When we meet with you, we want you to feel comfortable enough to ask any questions you may have. Don’t hesitate to ask us to fully explain our fees and charges, as we are willing to communicate with you every step of the way. There are different types of fees, including contingency, lump sum and hourly. The fee depends on the type of case and/or work to be performed.
For example, in personal injury cases, we charge a contingency fee. This is a specific percentage of a settlement or money judgment that is awarded to you by the court, based on your claim. If you don’t receive a settlement, neither do we.
Several factors determine the cost to you. It’s best that you contact us so we can discuss those important details in person. At the initial consultation, we will negotiate our rates so that you know exactly what you are paying for.
We accept Visa, MasterCard, Discover, checks, money orders and cash.
How will I know if I have a personal injury claim?
A personal injury claim starts with an actual physical, emotional or mental injury to you as a result of another person’s carelessness. Property isn’t considered in personal injury cases. The most common forms of personal injury occur in auto accidents, traffic accidents, slip-and-fall accidents and medical malpractice or negligence.
You may be entitled to monetary compensation if it can be proven that the injury was the fault of another party. These cases are often lengthy and complex, which is why having a personal injury attorney is vital.
If I am injured, how soon do I need to file a claim?
Your personal injury claim should be made as soon as possible. Documenting the accident with any police and medical records can help ensure that you have the necessary proof to start your claim.
We recommend that you contact our law firm as soon as possible. The faster we begin to investigate, the more time we have to gather the important facts against the other party.
What kind of compensation can I get?
Each personal injury case is unique, with many types of monetary compensation available to you, the client. Of course, medical expenses may be reinstated, including medication and physical therapy. However, lost wages due to time you may have taken off from work or school, pain and the emotional and psychological trauma involved may also be available to you.
How does the divorce process work?
The divorce process begins with one member of the party filing a petition for the dissolution of marriage. The member who initiates the filing is called the petitioner. The other spouse is called the respondent. The grounds to file the divorce must be claimed by the petitioner and should include any other pertinent information, if applicable, such as:
• Restraining or protective orders in the marriage
• Place of marriage registration
• Date of separation
• Any details relating to child custody and child support
Kentucky is a “no-fault” state, meaning that either spouse may file for a divorce based on their belief that the marriage is irretrievably broken, without the possibility that the petitioner will want to continue the marriage. The law in Kentucky requires both parties to be residents of the state for 180 days.
Kentucky is also an “equitable distribution” state, meaning that the courts make a fair division of property acquired during the marriage. Marital property does not include any assets or gifts received before the marriage. The courts will consider other factors, including the duration of the marriage, property value, spousal contribution and economic circumstances of both parties.
For more information on this topic, schedule an appointment with one of our lawyers.
During court proceedings, we will help you and your spouse reach an agreement on all matters of the divorce, including issues of child support and/or custody, property and visitation rights.
How are child support and other financial obligations determined?
Child support may be based upon the agreement between both parties before the trial. You and your spouse may choose to settle these sensitive issues outside of the litigation process. The courts may support the agreement if it is reasonable. However, if you and your spouse cannot come to an agreement, the courts may place orders based on child support guidelines.
The courts use these guidelines to help determine a reasonable amount of funding that is in the best interest of the child/children. The courts may decide that the recommended amount needs to be increased or decreased based on facts found during the process. To modify a court’s decision on child support, you must show circumstantial changes. Examples may include education, health and medical expenses.
Expert information on this topic, compiled by DivorceSource, can be found here.
Who will win custody of the child/children?
The courts may award sole or joint custody based on the best interests of the child. Determining factors include:
• Children’s and parents’ preferences
• Family relationships with the child
• Any information or records that show evidence of abuse
• The child’s ability to adjust to a new environment
Conduct by all family members is considered in court only if it impacts the relationship between the child and parent. Godparents, grandparents and other relatives are entitled to visitation rights if it is in the child’s best interest.
Should I have an estate plan? How do I get one?
Your personal property, investments and home are the result of your hard work. If something should happen to you, how will you provide financial security for you and your family?
An estate plan is designed to protect your assets when you die. You may believe that there is no reason for you to have an estate plan until you’ve reached a certain age.
Without such a plan, however, your assets and property may be at risk of falling into the wrong hands. Creating an estate plan is a quick and efficient process that ensures that your loved ones and family have the resources when they need them the most.
First, you need to create an inventory of all your assets. These may include bank and retirement accounts, cars, jewelry, artwork and property values. Statements from your bank or financial institution are helpful, as well as insurance policies, mortgages and other lines of credit you may have.
Second, establish goals. You should decide to whom you want your assets and property given to and who will have ownership if they are deceased at the time of your death.
Don’t procrastinate in deciding the future of your family and loved ones. We recommend that you meet with our expert estate planning attorneys to address your legal concerns.
What if I don’t have a will?
If you fail to have a will at the time of your death, then the state’s intestacy laws determine who will inherit your property. Generally speaking, the pattern follows according to your circumstances and family structure. If you have a spouse and children, your property will pass to them. If you don’t have a spouse or any children, then your property will pass to your parents, then to your siblings, then to your nieces and nephews.
I didn’t do anything wrong. Do I still need a lawyer?
Criminal defense laws are complicated and they always will be. You may be innocent, but without proof, you risk being punished for a crime that you didn’t commit. In facing our courts, proving your innocence involves far more than simply explaining your situation to the authorities.
It is always wise to contact a lawyer if you have any questions in proving that you are innocent. Enlisting the help of our expert criminal defense attorneys can help prove that you are free from fault. It is far wiser to take the time and finances to hire an expert than to risk your future where you could face jail time and hefty fines.
Should I represent myself?
You may be tempted to represent yourself, especially if you are innocent in a criminal defense case or concerned about the cost of hiring a criminal defense lawyer. However, it is never advisable that you depend on your own knowledge to help you weave through our complicated legal system.
Unless you are a lawyer, you probably don’t have the necessary legal expertise and experience to understand your rights or the charges against you.
When you are questioned in court, you could unknowingly say something and risk that information being used against you. Your rights could be violated and you may not know it.
We are the best solution to your criminal defense case. Whether you are being charged with a crime or are associated with someone who is being charged, representing yourself carries more risks than rewards. If you wait, the evidence against you can mount.
What should I do if I’m arrested?
When you are arrested, you are taken into custody by authorities, usually in handcuffs or another restrictive method. Police may want to hold or detain you for questioning to investigate your involvement in a crime. Cooperate, be polite and remain calm.
If you are arrested, the arresting officer should state your rights, including:
• You have the right to remain silent.
• Anything that you say may or may not be used against you in court.
• You may have a lawyer present while you are questioned.
• If you cannot afford a lawyer, then one will be appointed for you.
You may choose to answer questions without a lawyer. As soon as you request an attorney, however, the questioning must cease until your lawyer is present. Remember, any statements, either oral or written, can and most likely will be used against you in court. For these reasons, you need an experienced criminal defense attorney who will protect your rights and defend you ethically.