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Greenup County Kentucky Legal Blog

Why is speeding so dangerous?

It is very common to drive over the posted speed limit on Kentucky roadways. Drivers do it every day. It is something society does not look down on. If you get a speeding ticket, nobody really says anything. While it is breaking the law, people do not consider it in the same way they consider other crimes. However, speeding is incredibly dangerous and puts everyone on the road at risk.

According to the National Highway Traffic Safety Administration, speeding affects your ability to control your vehicle. It can make it easier to lose control. It also makes stopping distances increase, which you may not take into consideration. It can reduce the effectiveness of your vehicle's safety devices as well.

Divorce and injury

At Hensley Law Office, PSC., we have noticed that Kentucky divorces rarely happen in a vacuum. Usually, couples find that the increased stress of an unforeseen circumstance, such as a financial problem or a disagreement on child rearing technique, may contribute to the dissolution of a marriage.

One of the most common factors we see precipitating divorces are injuries, usually those someone sustains in the workplace. We find that these incidents have the potential to suddenly alter the amount of support one partner can provide, reduce household income or even pressure a partner into the unwanted role of caretaker. 

How pain and suffering relate to workers’ compensation

Discussions about personal injury often involve the subject of pain and suffering. While pain and suffering can take many forms, generally it refers to both the physical and emotional distress a person suffers as the result of an injury. Some people may wonder if, in the event they are hurt on a Kentucky jobsite, workers’ compensation would cover their pain and suffering.

As FindLaw explains, workers’ compensation does not provide coverage for pain and suffering experienced by an injured worker. Kentucky workers who are hurt may face persistent physical challenges due to their injuries and feel angry or frustrated because they cannot enjoy their usual hobbies or perform tasks that they used to accomplish with no difficulty. However, workers’ compensation will only cover tangible economic costs such as medical bills.

Rainy days are prime for accidents in Kentucky

As long as the temperatures remain mild this winter, you may have little fear of driving, even if there is precipitation. You may be like many who worry about driving when the temperatures drop below freezing because road conditions may deteriorate rapidly. However, you may be interested in knowing that recent data reveals the most treacherous driving is not limited to snow or ice but includes rainy weather.

In fact, studies show that rainy-day accidents outnumber snowy-day accidents by nearly five times. Although Kentucky is not among those U.S. states with the most amount of rainfall, it is tragically among those with the highest number of accidents that occur when it rains.

What is prior authorization?

Tactics that insurance companies use to cut their operating costs are known to add burdens to Kentucky policy holders who are seeking treatment for personal injuries. Fail first options are one such tactic, but insurers can delay a person’s efforts to receive coverage for their treatments in other ways. One of these methods is known as prior authorization.

According to the American Medical Association, insurance companies will not automatically cover prescription drugs that a policy holder may need for treatment. In some cases, a doctor has to fill out a prior authorization request for the drug and send it to the insurer before the insurance company will cover the drug. Generally, insurers have used PAs as a way to help review a treatment or a medication that is new or very expensive and ensure that it is appropriate for a patient to use.

When should you take a workers' comp settlement?

Kentucky employers and insurers who have lapsed in their duties to provide proper workers' compensation may start out feeling like a trial is a good option. However, you could find that your opponent in a workers' compensation lawsuit, after seeing the evidence you present, might offer a settlement agreement. These agreements would typically involve you receiving money in exchange for dropping the case against the other party.

Give me feel like these types of resolutions the other people off easy. In fact, a settlement is a very common way of ending a civil case. Some conflicts might even reach a conclusion before you would have a chance to file official papers. You probably want to think about a couple of issues before you accept one of these offers.

Comparing uncontested and contested divorce

Kentucky residents who are planning a divorce should explore their options thoroughly. There may be more available than they think, each having its own benefits that can suit a couple's unique situation differently.

Contested divorce is, according to the Legal Dictionary, one of the most common divorce options available. In this, a couple is not able to reach an agreement regarding vital parts of a split. This can include:

  • Child support
  • Alimony payments
  • Child custody
  • Visitation rights or schedules
  • Property division

What is a fail first option?

When you are recovering from a serious personal injury, perhaps resulting from an auto accident or a Kentucky workplace incident, you do not want an insurer to play games with your medical care. However, some insurance companies are making it harder for their policy holders to receive the best care possible. One of these ways is forcing people to go through “fail first” options.

U.S. News and World Report explains how a fail first option works. Your doctor prescribes a drug for your condition, but your insurer does not cover the drug, at least not at first. Instead, the insurer will steer you toward trying out an alternative drug that is cheaper. The idea is that if this cheaper drug works, the insurer will cover that drug instead of the one originally prescribed and save money in the process.

Why civil cases sometimes provide closure

The families of Kentucky victims in second-degree manslaughter car-crash cases often also sue the criminal defendant. This subject may seem complicated at first, but the reasoning behind the idea is quite simple.

People tend to choose to pursue civil injury charges related to manslaughter charges for two main reasons. The first of these is often to secure adequate compensation for a loss. The second reason is that the burden of proof on the prosecution is typically less in civil cases than in criminal.

Kentucky Supreme Court rules MRPA unconstitutional

If you are like others here in Kentucky and across the country, then you probably put a great deal of trust in the doctors, nurses and other professionals tasked with ensuring that you remain healthy and that you achieve a full recovery from an illness or injury. Of course, there may be only so much that your doctors can do for certain injuries and illnesses, but as long as they do their best and meet the applicable standard of care, you must accept that fate.

However, when medical professionals let you down and betray your trust by failing to meet that standard of care, and you suffer serious harm as a result, then you should be able to hold those believed at fault liable. If, after a careful review of your circumstances, you find that filing a medical malpractice claim would be appropriate, you believe that you could move forward and exercise your right to pursue compensation and justice through the civil courts.

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