The Whaley Law Firm's podcast Podcast Por Aaron Whaley arte de portada

The Whaley Law Firm's podcast

The Whaley Law Firm's podcast

De: Aaron Whaley
Escúchala gratis

I'm a Kentucky personal injury attorney. This podcast will provide information to people who may have questions about injury-related issues. Injury claims are often more complicated than they appear. I'll cover a wide range of topics to help people better understand important issues related to automobile accidents, tractor trailer collisions, motorcycle wrecks and other types of personal injury cases. The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.© The Whaley Law Firm 2019 Ciencias Sociales
Episodios
  • Using Structured Settlements to Help Injured Clients

    Using Structured Settlements to Help Injured Clients
    Dec 15 2020
    Episode 9: Louisville personal injury attorney Aaron Whaley invited Brad Cecil, from Ringler, to discuss how structured settlements can be extremely beneficial for injured victims and their financial situations. These tools can even increase the value of the settlement through compounding interest. People can be anxious about receiving a large, lump sum payment. They may have questions about how best to use it, where to deposit it and most importantly, how to make sure it lasts. A structured settlement can help to make this much easier to manage. They can be customized to meet the individual's unique situation and/or concerns. Are there tax considerations involved? In Kentucky, proceeds from a personal injury settlement are tax free. A structured settlement is a tax free financial tool, including any interest that may be generated. Are structured settlements subject to market fluctuations and/or volatility? The funds in your structured settlement are not exposed to market fluctuations. They are guaranteed against risk. Large insurance companies payout on these structures, similar to an annuity. Who typically uses a structured settlement? Structured settlements are often used in cases involving minors. The structured settlement can earn better rates that a simple bank account. More importantly, the proceeds don't all have to be paid out at age 18. This is an important consideration. The money could be used for many types of expenses, including college. Adults can also use a structured settlement to provide ongoing income or to cover for future expenses such as surgeries or specially adapted vehicles. Brad can advise the client on the best way disperse the funds, based on his/her specific situation. What does it cost to set up a structured settlement? Unlike a typical investment, there are no fees to set up a structured settlement for the client. As previously stated, a structured settlement can also grow tax-free. Can a structure affect your Medicaid benefits? Yes, but you can plan around those government benefit thresholds to ensure the individual continues to receive SSI or other income-based benefits. The client, Brad and Aaron can work together to help plan the proper setup and payout schedule. Is there a minimum amount required to establish a structure? While approximately half of the structures Ringler handles are $50,000 or less, most are at least $10,000 or more in value for a minor and around $40,000 for an adult. What Happens if the Individual dies before the settlement is paid out? This depends on how the structure is set up. Usually the funds for a minor are guaranteed. The money would go to their estate if they pass away prior to age 18. At age 18, the person can name a beneficiary. If the structure includes lifetime benefits, there's a designated "period certain." This could be a 30- or 40-year period. If the person dies after 20 years, the remaining years would be paid out. However, if they pass after the period certain, the payments would cease. Brad comments that if you have a lifetime benefit and live to be 100 years old, for example, you'll continue to be paid beyond the period certain. This example illustrates another way in which a structured settlement could actual end up paying the individual more than the actual, original legal settlement. A structured settlement is not a required way to handle an injury settlement. However, it's another option Aaron Whaley is able to provide to help his clients. If you'd like more information about structured settlements, Brad Cecil and Ringler have a well-developed website with videos, other examples and pages of information. Click this link for more information about the Whaley Law Firm. Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
    Más Menos
    28 m
  • Louisville Pedestrian Accident Cases

    Louisville Pedestrian Accident Cases
    Aug 27 2020

    Episode 8: Welcome to the Whaley Law Firm Personal Injury Podcast. Aaron discusses pedestrian accidents, bicycle collisions and bus accidents. Each of these are especially important as students head back to school.

    Pedestrian Accidents

    This time of a year, it's especially important for drivers to be aware of buses and students. It's not uncommon for both younger students and older students to be distracted as they head home. Unfortunately, they may not pay proper attention while crossing the streets.

    If your child has been involved in a collision, get them medical treatment and let your attorney take care of the legal aspects. You have enough on your plate.

    Pedestrian claims are somewhat different than vehicle collisions with other cars. Primarily, it's a matter of PIP ("no-fault" insurance) coverage. In a collision with a pedestrian, the pedestrian will typically receive "no-fault" coverage from the at-fault driver. If the driver doesn't have insurance, there may still be options for getting coverage to offset some of the medical bills. Figuring this out is your attorney's role. Again, focus on your child's treatment and recovery.

    It's important that you avoid gaps in the medical treatment after an accident. The insurance company will try to use this period of time to minimize the severity of the injuries, or argue that they were caused by something other than the collision. This can happen if you wait to seek medical treatment and/or if the victim fails to complete the treatment path for check-ups, physical rehabilitation or other medical appointments.

    Bicycle Collisions

    A bicycle collision is handled very similar to a pedestrian collision. A bicyclist on the road is required to obey the same rules as a car. Obviously, bicyclists don't always do it. This means comparative fault is an issue that is often part of the defense against a bicycle accident claim. The insurance company may attempt to reduce its exposure by arguing the bicyclist was in-part responsible for the collision.

    School Bus Wrecks and Public Bus Accidents

    Generally, these are fairly standard when the collision is the fault of the bus driver and injuries occur to the passengers on the bus or to other drivers. However, when another vehicle causes the collision with the bus, it becomes more complicated.

    Standard automobile insurance policies in Kentucky have limits which are there to pay for injuries and damage. Often, that coverage is divided among the passengers in the other car. Assuming the car hit the bus, there are many more passengers (victims) who may have injuries and who will be entitled to the insurance proceeds. The insurance company will want to cover all of the claims from the injured passengers. They often won't pay anything until they are able to settle all of the claims at once. This can often cause significant delays in the resolution of the case(s).

    For more information, visit http://www.louisville-accident-lawyer.com/

    Important Disclaimers:

    The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.

    This podcast maybe freely shared, but may not be the modified or edited in any way.

    This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
    Más Menos
    32 m
  • Dealing with Dog Bite Injuries

    Dealing with Dog Bite Injuries
    Mar 24 2020
    Episode 7: Dogs are known as man's best friend, but sometimes things happen. Louisville personal attorney Aaron Whaley discusses factors involved in handling dog bite cases. Strict Liability for Pet Owners Kentucky is a strict liability state. If you own the dog and the dog bites someone, liability is all the injured person needs to prove. The victim doesn't have to prove the owner of the dog was negligent. The jury can, however, take into account negligence on the part of the injured victim. For instance, if the dog is in the back yard and someone climbs the fence, if the dog bites the individual, the fact that the person entered the yard can be considered in determining the amount of the verdict. Kentucky is also a comparative negligence state. This gives the jury the ability to assign a portion of the negligence to one or both parties. Is there a "First Bite" Rule? This is a misconception. There's nothing in the law that gives the owner of the pet a free pass, simply because the dog has never bitten someone in the past. Can Landlord's Be Held Responsible for a Dog Bite Injury? There's an open question of whether a landlord could be held liable for a renter whose dog bites someone. If the animal has a history of biting, is a dangerous breed, and other factors, there's a possibility of the landlord being held negligent (and therefore at least partly liable) for allowing the dangerous animal to stay on premises. Now, if the landlord doesn't reside with the renter, or the renter did not disclose the presence of the animal, the landlord may have some insulation in terms of strict liability. There's still a chance he/she could be found negligent by allowing the dog to remain on the premises. Common Injuries to Consider in a Dog Bite Case Depending on the severity of the bite, there are a number of factors that may be considered. Here are a few examples: Medical bills and lost wagesInfectionsPermanent scars, especially facial scarsLoss of visionThe psychological and emotional impact of the attack (e.g. PTSD)Wrongful death and the resulting loss of consortium claims In proving your case, the psychological and emotional conditions need to be documented by a professional (e.g. a psychologist, therapist, etc.) to help substantiate the case. Who Is Going to Pay for My Injuries? In many cases, a claim against the homeowner's insurance can be filed. However, the current interpretation of liability rests with adjacent yards. So, if a person is bitten in the homeowner's yard, it's an easier claim to file against their insurance. However, if the dog gets loose and bites someone a couple of blocks away from the home, the policy's coverage probably isn't liable. This also holds even if the dog runs across the street and bites someone. Again, it's because the house across the street is not adjacent to the property. The owner can still be sued, but it's important that the pet-owner has the ability to pay. A judgement can be won, but if they can't pay it's not worth much. That person could also file bankruptcy to escape the judgement. Renter's insurance may be an option. If the pet-owner is renting and a policy exists. Also, as mentioned above, there may be a possibility of pursuing the landlord, if the proper circumstances exist. Preparing for a Dog Bite Claim Your attorney will handle this is much the same way as other personal injury claims. The medical bills and expenses are collected. The other party's insurance company assigns an adjuster to handle the claim. A demand package is prepared listing the compensation the victim is requesting. Negotiations ensue and ideally a fair and reasonable settlement is achieved. If this cannot be achieved, the victim and his/her lawyer may decide to file a law suit. How Long Do I Have to File a Dog Bite Case? The general statute of limitation applies. You generally have 1 year from the date of the incident. What if I Sustained an Injury from the Attack, other than a Dog Bite? You can bring a claim for other injuries, such as broken bones resulting from an animal knocking you down. It can include any damage caused by the animal. For more information, visit http://www.louisville-accident-lawyer.com/ Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.
    Más Menos
    33 m
Todavía no hay opiniones