As a general rule, an attorney needs to be licensed to practice law in the state in which he or she is representing an individual. There are however, exceptions to this rule.
Many people have a general idea of what to do when they’ve been injured in an accident or due to negligence—file a claim against the responsible party. For example, in a car accident the person would file a claim against the driver because they were going over the speed limit. But there may be some confusion of what your legal options are after you’ve been injured because of your city’s or county’s negligence.
You could have gotten in a car accident because a cop didn’t signal a turn or ran a red light, or you could have slipped inside a government building that didn’t indicate the floor was wet. In these cases, you may have grounds to prepare for a lawsuit, but there are certain steps you need to take first.
With any personal injury case, it’s the job of you and your attorney to prove to the judge and jury that the accident caused your injuries. A third-party witness may help you prove your case. Knowing whether or not you need a third-party witness can be confusing and frustrating. Our experienced personal injury lawyers are here to provide you with the information you need to make the decision that’s right for you.
A third-party witness will be a person you do not know. This person would have been present when your accident occurred and would have watched the event unfold. Any additional information they provide, in conjunction with yours, has the potential to help your case. The sooner they present what they saw, the more reliable and detailed the description will be.
Though 2018 is only a portion of the way through, there have been a few significant law changes we’ve seen in the state of Kentucky that will impact many residents. Many of these were decided upon during the Kentucky General Assembly’s 2018 regular session and will begin to take effect in July 2018.
Here are some of the largest law changes and new bills we’ve seen pass in Kentucky during the first quarter of 2018 along with brief summaries of each change:
Pension Reform Bill:
In late March, Kentucky Republicans passed a controversial pension reform bill that affects teachers and other educators. It will force future Kentucky state teachers to receive pension benefits that are part of a hybrid cash balance plan with features of both a traditional pension plan and a 401k-style savings plan.
H.R. 1215 is referred to as the “Protecting Access to Care Act,” however, it is a blatant attempt to eliminate your constitutional rights. The bill preempts state medical malpractice law and products liability laws by overturning the decisions of state legislatures and state courts. H.R. 1215 would cap non-economic damages, meaning that the absolute most a victim of hospital negligence or medical malpractice could receive would be $250,000 no matter how severe their injuries.
According to the American Association for Justice (AAJ), “By imposing a strict federal regime that caps damages in any “health care lawsuit,” HR 1215 directly overturns the decisions of locally-elected officials not to cap damages for victims of medical negligence, nursing home abuse, or defective medical products.” Therefore, this bill is unconstitutional and violates the 10th Amendment of the U.S. Constitution which leaves these decisions to the states.
