Experienced Georgetown Attorney Answers Frequently Asked Questions about Kentucky Personal Injury, Family Law and Criminal Defense
If you have been injured in a car or workplace accident, arrested for DUI, or involved in a divorce or child custody dispute, you probably have several questions about what will happen in your case. Below are answers to some of the questions we encounter most frequently as we help people in the areas of personal injury, family law and criminal defense in central Kentucky. If you have other questions, or if you need immediate assistance in a Kentucky civil or criminal legal matter, contact Jeremy M. Mattox, Attorney at Law, in Georgetown to speak with an experienced Kentucky lawyer who can help you.
I was injured when a driver ran a red light and hit me in an intersection, but the insurance company says I am partly to blame because I did not react in time to avoid getting hit. Can they refuse to pay my claim?
Even if you are considered partly at fault in causing an accident, that will not prohibit you from seeking compensation from the other negligent driver. Instead, your financial recovery would be reduced in proportion to the amount of negligence attributed to you. Saying the accident was your fault is a favorite trick of the insurance company to try to lower the amount they have to pay or to avoid paying you anything at all. They don’t get to decide who was at fault. If you disagree with the insurance company’s assessment, you can take them to court, and a jury will decide who is to blame in the accident and how much fault to assign to each party. Getting legal representation from the very start, before you bargain with the insurance company, is the best way to protect your rights and receive all the compensation you are entitled to.
Can I sue the other driver if I have no-fault insurance?
If you have no-fault insurance coverage, your Personal Injury Protection (PIP) benefits can provide you with $10,000 (or more, depending on coverage) to cover medical payments, lost wages and other out-of-pocket expenses. In certain cases, you may be able to sue the at-fault driver as well. These cases are generally limited to the following situations:
- You have more than $1,000 in medical expenses
- You experienced a broken bone
- You were permanently disfigured
- You suffered a permanent injury
- You suffered a permanent loss to a body function
If you had previously rejected no-fault insurance, you are not limited in your right to sue the negligent driver.
Is DUI a misdemeanor or felony?
In most cases, DUI is charged as a misdemeanor offense. However, if you have three or more prior DUI convictions within the last five years, you can be charged with Felony DUI and face mandatory minimum fines and jail time if convicted. Also, if serious injury or death occurred in a drunk-driving related incident, you could be charged with manslaughter or other offenses. Of course, even a first offense misdemeanor DUI arrest should be treated seriously and handled with the help of an experienced Kentucky DUI lawyer.
I lost my job and can’t afford to pay child support. Will I go to jail?
It is possible to be prosecuted for not paying child support and jailed for civil contempt or a criminal offense under Kentucky or federal law. Before that happens, you should go to court and ask the judge to modify the child support court order. If you can prove that circumstances have changed so that you can’t afford the payments, you may be able to get a modification and not be in violation of a court order. If you believe your ex-spouse is deliberately trying to avoid paying support, your attorney can help you with various options to enforce valid court orders.