Author: Grubbs & Landry

The Key Advantages of Hiring an Adoption Lawyer…

Posted by Grubbs & Landry on April 12, 2024

Adopting a child is a life-changing and complex process that requires careful navigation through legal procedures and requirements. While the journey towards adoption can be filled with ups and downs, the joy of finalizing the adoption makes it all worthwhile. To ensure a successful and smooth adoption experience, it is highly recommended to hire an adoption lawyer who specializes in adoption law. In this article, we will explore the top benefits of hiring an adoption lawyer and how they can guide you through this important journey.

Understanding Adoption Law

Adoption law is a specialized field that varies from state to state. It involves a set of statutes and case laws that dictate how adoptions should be handled. Navigating through these legal complexities can be challenging for individuals without legal expertise. This is where an adoption lawyer becomes invaluable. They possess a deep understanding of adoption law and are well-versed in both the statutes and the case law interpretations. With their knowledge and experience, they can effectively apply the law to your specific adoption case, ensuring compliance and avoiding any legal pitfalls.

Knowledge of Adoption Judges

An adoption lawyer develops a close working relationship with adoption judges, gaining insights into how they interpret adoption law and handle adoption cases. This knowledge gives the lawyer a strategic advantage in presenting your case effectively. They understand the preferences and expectations of the adoption judges, allowing them to navigate the adoption process with confidence and efficiency.

Building Relationships with Hospital Personnel

When a baby is born, the adoption process enters a critical phase. It is essential to have a good relationship with key hospital personnel, particularly hospital adoption social workers. An experienced adoption lawyer has established connections with these professionals and understands the hospital’s policies and procedures regarding adoptions. This relationship ensures that everyone’s time at the hospital goes as smoothly as possible, minimizing any potential complications.

Expedited New Birth Certificate Process

After the adoption is finalized, obtaining the child’s new birth certificate is crucial. Each state’s bureau of vital records has specific requirements for adoption paperwork. An adoption lawyer who is well-versed in these requirements can ensure that all necessary documentation is filed correctly and in a timely manner. This expedites the process of receiving the new birth certificate, providing legal recognition of the child’s new identity and ensuring the smooth transition into their new family.

Expertise in the Indian Child Welfare Act

If the child being adopted has Native American ancestry, the federal Indian Child Welfare Act (ICWA) may apply. It is essential to determine whether ICWA applies to the adoption and to comply with its provisions. Failure to do so can jeopardize the adoption process. An experienced adoption lawyer possesses a thorough understanding of ICWA and can navigate its complexities, ensuring compliance and safeguarding the adoption.

Knowledge of Adoption Tax Credits

Depending on your household income, adoption expenses may qualify for federal adoption tax credits. These credits can significantly reduce your tax liability, providing financial relief during the adoption process. Additionally, many states, offer state-level adoption tax credits. An adoption lawyer is well-versed in the intricacies of adoption tax credits and can advise you on potential tax benefits, helping you maximize your financial resources.

Navigating Interstate Adoptions

In the case of interstate adoptions, the Interstate Compact on the Placement of Children (ICPC) applies. The ICPC outlines specific requirements that must be met when placing a child for adoption across state lines. Navigating the ICPC process can be challenging, but an adoption lawyer with expertise in interstate adoptions can guide you through the process, ensuring compliance and avoiding delays. Their knowledge and experience can expedite the transition, minimizing the time spent away from home during the adoption process.

Handling Birth Father Challenges

One of the most stressful situations in the adoption process occurs when a birth father contests the adoption. This can create significant emotional and legal challenges for the adopting family. An experienced adoption lawyer understands the complexities of birth father rights and knows how to navigate these challenges. They can provide guidance, support, and legal representation, advocating for the best interests of the adopting family and ensuring a fair and just resolution.

Compliance with Financial Assistance Regulations

Some states have specific statutes that govern the financial assistance that adopting parents can provide to expectant mothers. These statutes outline what is permissible in terms of financial support during the adoption process. Additionally, each judge may have their own guidelines regarding appropriate living expenses for birth mothers. An adoption lawyer is well-versed in these regulations and can provide clarity on what is allowed and ensure compliance with both the written and unwritten rules.

Avoiding Conflicts of Interest

Conflicts of interest can arise when representing both the adopting family and the birth mother or birth parents. To avoid any potential conflicts, it is considered best practice for the adopting family and the birth parents to have separate legal representation. An adoption lawyer focuses solely on the best interests of their client, ensuring that their rights and wishes are protected throughout the adoption process.

Hiring an adoption lawyer offers numerous advantages for individuals and couples embarking on the adoption journey. Their expertise in adoption law, knowledge of local judges and personnel, and ability to navigate complex legal processes make them invaluable allies. From understanding the intricacies of adoption law to ensuring compliance with regulations and providing support during challenging situations, an adoption lawyer can guide you through every step of the adoption process. By engaging their services, you can navigate the adoption process with confidence, knowing that you have a dedicated legal professional advocating for your best interests.

Adopting a child is a life-changing experience, and having the right legal support can make all the difference. With an adoption lawyer by your side, you can navigate the complexities of adoption law, streamline the process, and focus on building a loving and secure family for your child.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

How Marital Property is Divided in a Divorce in Kentucky…

Posted by Grubbs & Landry on March 25, 2024

In the state of Kentucky, the division of marital property is an important aspect of divorce proceedings. When a couple decides to end their marriage, the court is responsible for determining how the property, debts, and assets they acquired during the marriage will be divided. Kentucky follows the principle of equitable distribution, which means that property is divided fairly but not necessarily equally. This article will provide an in-depth understanding of how marital property is decided in a divorce in Kentucky.

Understanding Marital Property and Separate Property

To begin the process of dividing property in a divorce, it is essential to differentiate between marital property and separate property. Marital property refers to assets and debts acquired by either spouse during the marriage, while separate property includes property owned before the marriage or acquired during the marriage through gift or inheritance.

Examples of separate property include:

Property owned before marriage.
Inherited or gifted property received during the marriage.
Property sold during the marriage that was originally separate property.
Property defined as separate in a premarital agreement.

On the other hand, marital property includes:

All property acquired by either spouse during the marriage, such as retirement accounts, money, and real estate.
Property purchased during the marriage under a joint account, like real estate or automobiles.
Property that was separate but increased in value due to financial or labor-driven improvements during the marriage.

It’s important to note that separate and marital property can sometimes be mixed together, a situation referred to as “commingling.” Commingling can occur when couples combine their separate assets intentionally or unintentionally. In such cases, it can be challenging to determine the ownership of the commingled property, and legal assistance is often necessary to untangle the complexities.

The Division of Marital Property

In Kentucky, spouses have the option to divide their assets and debts through a separation agreement. This agreement allows them to negotiate the division of property without court intervention. However, the court still has the power to veto or modify the agreement if it deems it extremely unfair.

When spouses are unable to reach an agreement, the court will step in and determine the division of property. In making its decision, the court considers several factors, including:

Each spouse’s contribution to acquiring marital property, including the contributions of a stay-at-home spouse.
Each spouse’s circumstances, including the desirability of having the custodial spouse live in the family home with the children.
The length of the marriage.
The value of the property awarded to each spouse.

It’s important to remember that equitable distribution does not always mean a 50/50 split. The court aims to divide property fairly based on the unique circumstances of each case.

Dividing Debts in Kentucky

In addition to dividing assets, the court in Kentucky also handles the division of debts during a divorce. Debts such as medical bills, credit card debts, and mortgages need to be addressed to ensure a fair distribution of financial obligations.

When dividing debts, the court takes several factors into consideration, including:

The debts and liabilities of each spouse.
The economic circumstances of each spouse.
The basis underlying the debt, such as reckless spending or gambling debt.

It’s worth noting that even if the court orders one spouse to be solely responsible for a debt, creditors may still pursue the other spouse for payment. To protect themselves, individuals should use the court order to remove their name from the account associated with the debt whenever possible.

Divorce can be a challenging and emotionally charged process, especially when it comes to dividing marital property and debts. Understanding the laws and regulations governing property division in Kentucky is crucial to ensure a fair and equitable outcome. Whether spouses are able to reach an agreement on their own or require court intervention, seeking the guidance of a knowledgeable family law attorney can help navigate the complexities of property division and protect one’s rights and financial interests.

If you are considering a divorce or need assistance with property division, it is essential to consult with an experienced attorney who can provide personalized advice based on your unique situation. They can help you navigate the legal system and ensure that your rights are protected throughout the process.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

Can Police Break The Law To Enforce The Law?…

Posted by Grubbs & Landry on March 5, 2024

Whether they are on duty or off duty, police officers must obey the law. When police officers break the law, they can be punished just like you if you commit a crime. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts. If a police officer is guilty of domestic violence, hit and run, or any other crime, a judge can sentence the officer to the same punishments as you face. The officer can serve time in prison, pay fines, and be on probation. Some of the actions that police officers take during the course of their jobs may be considered illegal, if those actions violate your civil rights.

An Arrest Cannot Be Made Without Probable Cause

The definition of Probable cause means that a police officer would believe that a crime was in the process of being committed, had been committed, or was going to be committed. Probable cause is enough for a search or arrest warrant. It is also enough for a police officer to make an arrest if he sees a crime being committed. police officers cannot abuse their power to arrest individuals without cause. But some officers misuse arrests for various reasons.
If the officer does not have probable cause to believe a crime had been committed, the officer violates the person’s Fourth Amendment rights. False arrests can also violate a person’s Fourteenth Amendment right of due process and the person’s Eighth Amendment right not to be subject to cruel or unusual punishment.

What If An Arrest is Made Without Cause?

If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. If you were charged with a crime, you can file a motion to exclude evidence obtained from the false arrest. This motion is filed with the court in your criminal case. Any criminal evidence found because of the wrongful arrest can get thrown out. Without that evidence, there may not be a valid case against the person. In Kentucky, if your civil rights have been violated during an instance of alleged wrongful arrest or detainment, you may be entitled to sue. You can sue to receive financial compensation for any damages you incurred, such as hospital bills, lost wages, and pain and suffering. You also can file a suit to hold a law enforcement agent accountable for the injustice committed against you or a lack of “probable cause” in the arrest.

Individuals need to understand their legal rights when interacting with police officers. First and foremost showing a little respect will go a long way when you’re talking with the police. However, be aware of your civil rights. Police actions that constitute a breach of civil rights. In addition to false arrests, there is a long list of things that police cannot do legally while performing their jobs. Individuals need to understand their legal rights when interacting with police officers.

Here are a few examples:

They must have a warrant or probable cause before they can conduct a search and seizure.
They must have probable cause before they can stop a vehicle.
If evidence is in plain view, they can search a vehicle or person without consent or a search warrant.
They are not allowed to say they have a search warrant if they do not. They cannot lie about how the legal system works.
They cannot bribe or intimidate to obtain a confession.
Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.

If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney. Being falsely accused of committing a crime can be devastating. For many, being falsely accused of a crime takes a toll emotionally and physically. After being falsely arrested, it is a natural response to try to fight back and defend yourself. However, defending yourself and responding to false arrest in a rash and angry way can hurt your case.

If you are arrested, remain silent except for asking for an attorney. A criminal defense attorney can help you determine if the police did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

Social Security Disability – Understanding the Process And How To Apply If You Need Disability Benefits…

Posted by Grubbs & Landry on February 15, 2024

Although disability benefits are good news for many people you will find that the process is a long and difficult one. If you have serious liabilities, you likely cannot work and you are wondering just how you are going to pay your bills. SSD (social security disability) benefits are great financial assistance to help you. However SSA receives millions of applications every year and they initially deny far more than they approve. Do not give up if your SSD application is rejected at first. You can appeal, and many applicants go on to receive the SSD benefits they deserve. However, you must remember the process can be difficult and take more time before you receive the benefits you need. It takes Kentucky courage to fight for the SSD benefits you need and deserve.

Initial Application

When filing for liability in Kentucky, you will have to provide several documents to prove you are eligible. Having them prepared can help expedite the process. The documents you may need to include: a birth certificate, proof of US citizenship, discharge papers from the US military if you served, W-2 forms, an adult disability report that provides detail about your condition, work history, medical record from your doctor, test results, proof of workers compensation benefits, pay stubs, personal information.

Disability Determination Process

A representative in your local SSD office will collect information by phone, mail, online, or in person. During the process, the SSA will determine if you are disabled according to their definition. You must also be unable to work for at least one year, or your condition is expected to end in death. Plus you must have also collected enough social security work credits, which are based on your yearly income. This evaluation is usually made by Disability Determination Services (DDS).

First Decision

The DDs will try to obtain evidence from your medical sources. If there is not enough to help them make a decision they will request you to have a consultative exam (CE). This CE will provide the SSA with any additional information they require. Your personal physician can conduct this CE but the DDS may reach out to an independent physician for the exam. If the DDS finds that you are disabled the SSA will complete the non-disability development if it is outstanding, calculate the amount of benefits you are to receive and begin paying those benefits. If the DDS finds that you are not disabled, the file is still sent to the field office where it will remain, in case you decide to appeal the decision.

Preparing An Appeal

If you are denied the first thing you should do is to prepare your appeal. Then speak to a Kentucky SSD attorney for help. The appeal process is long and complex and an attorney can help pursue a successful appeal. Your attorney may simply have you reorganize your facts to get a denial to overturn.

Appeal Deadline

When the SSA denies your application they will send a notice with a reason for the denial. The notice will tell you how long you have to appeal the decision. Generally, you will have 60 days from the date you receive the notice to appeal a decision.

Reconsideration Decision

You will have a completely new person to go over all the information of your initial application. The amount of time it takes to receive the reconsideration will depend on how quickly the new examiner receives the medical records and if they require additional questionnaires pertaining to your activities of daily living (ADLs). Additional CEs may also be necessary, which will take longer as well.

Deadline to Appeal for Hearing

If the application is still denied, you can take your case to the next phase of the appeals process, which is the hearing. The hearing takes place in front of an administrative law judge (ALJ). The ALJ will hear testimony from expert witnesses and you will also have a chance to speak about your disability. You will once again be given 60 days to decide if you want a hearing.

Preparing For a Hearing

By the time this hearing takes place, it will probably be nearly one year since your first application. You definitely want to be prepared for the hearing when the date comes. Collect new current medical records. The ALJ will want to see medical records that are up to date, and will not accept your old medical records to determine if you are disabled. the SSA is required to provide you with at least 75 days’ notice before your hearing to tell you the date of your hearing. This should give you plenty of time to have new MRIs, X-rays, or any other test, plus a new medical source statement from your doctor that you need to convince the ALJ that you need SSD benefits. The medical source should include activities you can no longer perform, such as sitting for more than 20 minutes or being unable to regularly lift a certain weight. Also, request your SSA file from the SSA and review it. Reviewing the file can help you prepare an argument that will give you a better chance of a decision being made in your favor after the hearing. By now you should have had an attorney that can prepare you for the hearing and represent you during it.

Things to expect during the hearing…

You will be questioned by the judge
An attorney is allowed to speak on your behalf
You can expect expert witnessed to attend
The ALJ will ask you questions about your disability

The ALJ will not usually give you a decision right away. You will typically get a decision within 30 days after the hearing unless there are extenuating circumstances involved.

Suffering a disability is difficult enough. You shouldn’t have to also go through an extremely long and difficult process to receive the benefits you need to pay your bills. However, if you want to receive SSD benefits that is exactly what you will need to do. A Kentucky disability lawyer can help, so don’t do it by yourself.

Contact us (859-341-2500) for a Free Consultation!

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About Grubbs & Landry

Police Misconduct During Traffic Stops: Understanding the Issues and Seeking Solutions…

Posted by Grubbs & Landry on January 25, 2024

Police misconduct during traffic stops is a serious issue that can have far-reaching consequences for individuals and communities. While police officers play a vital role in maintaining public order and safety, instances of misconduct can lead to violations of civil rights, physical harm, and erosion of trust between law enforcement and the public. In this article, we will explore the various forms of police misconduct during traffic stops, the impact it can have on individuals, and the available remedies and solutions to address this issue.

Understanding Police Misconduct during Traffic Stops

Unlawful Stops: Violations of Probable Cause

One of the key elements of police misconduct during traffic stops is the violation of probable cause. According to the law, officers must have a valid reason to believe that a driver has violated the motor vehicle code or is engaged in criminal activity in order to initiate a traffic stop. Failure to meet this requirement can result in wrongful stops, where individuals may face unwarranted charges and potential violations of their constitutional rights. It is crucial to ensure that officers have legitimate grounds for stopping a motorist to prevent abuse of power and safeguard individual liberties.

Unreasonable Detention: Violations of Time Limits

Another form of police misconduct during traffic stops is the unreasonable detention of individuals. The law prohibits police from holding a driver for longer than necessary, beyond the time required to address the initial reason for the stop. If officers unnecessarily prolong a traffic stop, such as waiting for a K-9 unit to arrive for a seat belt violation, it can be seen as a violation of an individual’s rights. By exceeding time limits, officers not only infringe upon personal freedom but also risk the dismissal of any evidence collected during the extended detention.

Unlawful Searches: Violations of Privacy Rights

The search of a vehicle during a traffic stop must adhere to certain legal requirements to be considered lawful. Police officers generally need either the driver’s consent or a warrant to conduct a search. However, there are limited circumstances in which a warrantless search may be permissible, such as when officers have probable cause to believe they see evidence of criminal activity in plain view. When officers conduct searches without proper consent or a valid warrant, any evidence obtained may be deemed inadmissible in court. Unlawful searches infringe upon an individual’s right to privacy and undermine the integrity of the criminal justice system.

Highway Interdiction: A Troubling Practice

There have been reports of police officers engaging in a practice known as highway interdiction. This tactic involves officers casting a wide net and stopping drivers for any reason, with the intention of investigating them for drug offenses. While the goal may be to combat drug crimes, scrutiny of these stops has revealed a significant number of illegal stops that were ultimately dismissed. Highway interdiction raises concerns about racial profiling, abuse of power, and the erosion of trust between law enforcement and the community.

The Impact of Police Misconduct during Traffic Stops

The impact of police misconduct during traffic stops extends beyond the individuals directly involved. It can have far-reaching consequences for communities and the criminal justice system as a whole. Some of the key impacts include:

Violation of Civil Rights

Police misconduct during traffic stops can result in the violation of individuals’ civil rights. Unlawful stops, unreasonable detentions, and unlawful searches infringe upon the rights guaranteed by the Constitution, such as the Fourth Amendment protection against unreasonable searches and seizures. These violations erode trust in law enforcement and can have a lasting impact on an individual’s perception of the justice system.

Disproportionate Impact on Marginalized Communities

There is evidence to suggest that certain communities, particularly marginalized and minority groups, are disproportionately affected by police misconduct during traffic stops. Racial profiling and discriminatory practices can result in higher rates of unwarranted stops, searches, and arrests. This not only perpetuates systemic inequalities but also undermines the principles of fairness and justice.

Erosion of Trust and Community-Police Relations

Instances of police misconduct during traffic stops contribute to a breakdown in trust between law enforcement and the community. When individuals experience unjust treatment at the hands of the police, it creates a sense of fear, resentment, and alienation. This lack of trust hinders effective community policing efforts and cooperation, making it harder to address crime and maintain public safety.

Burden on the Criminal Justice System

Police misconduct during traffic stops can place an additional burden on the criminal justice system. Wrongful stops and violations of individuals’ rights can lead to the dismissal of charges and the exclusion of evidence. This not only wastes valuable resources but also undermines the credibility and effectiveness of the justice system. It is essential to address police misconduct to ensure the integrity and fairness of the criminal justice process.

Remedies and Solutions to Address Police Misconduct during Traffic Stops

Addressing police misconduct during traffic stops requires a multi-faceted approach involving legal remedies, policy reforms, and community action. Here are some of the remedies and solutions that can help address this issue:

Legal Remedies: Exclusionary Rule and Criminal Charges

Legal remedies play a crucial role in deterring and penalizing police misconduct during traffic stops. The exclusionary rule allows defendants to request the exclusion of illegally obtained evidence in criminal court. This rule incentivizes officers to act lawfully and encourages police departments to provide adequate training in constitutional rights. Additionally, criminal charges can be filed against officers who engage in misconduct, ensuring accountability and potentially resulting in incarceration, fines, and removal from the job.

Civil Lawsuits: Section 1983 and Structural Reform

Civil lawsuits provide another avenue for seeking justice and accountability for police misconduct during traffic stops. Under the Civil Rights Act of 1871, victims can sue both the offending officer and the department. Section 1983 lawsuits allow victims to seek monetary damages for their injuries, serving as a deterrent against misconduct. In cases where a department exhibits a pattern of misconduct, courts may order structural reforms to improve department policies, practices, and training.

Administrative Remedies: License Revocation and Citizen Review Boards

Administrative remedies can be imposed by state agencies, police departments, municipalities, or citizen review boards. License revocation is a powerful tool to hold officers accountable for serious misconduct, preventing them from working as police officers. Internal affairs investigations within police departments can address allegations of misconduct and impose disciplinary actions if necessary. Citizen review or oversight boards provide an independent mechanism for investigating alleged misconduct, enhancing transparency, and strengthening public accountability.

Policy Reforms: Policymaking Changes and Community Action

Policy reforms are essential to deter police misconduct during traffic stops. Policymakers at the federal, state, and local levels can enact changes that remove legal obstacles to holding officers accountable, require training in de-escalation tactics and cultural sensitivity, mandate body camera use, and allocate resources based on community needs. Community action, such as attending rallies, participating in marches, and reporting misconduct, can also bring about change by raising awareness and demanding accountability.

Police misconduct during traffic stops is a significant issue that demands attention and action. Unlawful stops, unreasonable detentions, and unlawful searches violate individuals’ rights, disproportionately impact marginalized communities, erode trust, and burden the criminal justice system. By implementing legal remedies, pursuing civil lawsuits, employing administrative solutions, and enacting policy reforms, we can begin to address this problem. It is crucial to work collectively to ensure fairness, justice, and respect for the rights of all individuals during traffic stops and beyond.

Contact us (859-341-2500) for a Free Consultation!

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Who is Responsible For a Truck Accident? The Driver? The Carrier? Or Both?

Posted by Grubbs & Landry on January 5, 2024

Commercial truck accidents are different from crashes that involve only passenger cars, in part because a trucking company usually employs the truck driver involved in the wreck. As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. In addition to a truck driver and the carrier, several other parties may be liable for a truck accident. This is why an attorney can help. An experienced truck accident lawyer can investigate your accident to determine its course and based on the evidence, who can be held accountable. There are a number of things that can contribute to a trucking accident and because of that, a number of people may be held liable.

Causes of Trucking Accidents

There is a variety of data that should be reviewed after a commercial truck accident to determine what happened and who all may be legally responsible for the crash. Accident commonly results from the following…

Improper loading can cause an imbalance in the trailer that increases its chance of a jackknife or rollover accident.
Distracted driving, may involve texting, eating, smoking, and other distracting activities while driving.
Reckless driving things like speeding, improper lane changes, or tailgating.
Negligent hiring, in which the truck company was careless in selecting a qualified driver.
Fatigued driving, if a driver has violations of the FMCSA hours of service regulations.
Drug or Alcohol, making the truck driver less aware of their reactions to avoid a collision.
Truck maintenance, negligence in properly maintaining the truck.

Investigation of Key Evidence

The liable party or parties can be revealed through the investigation of the accident.

Was the driver driving in a careless or reckless manner?
Was there a third party involved and for any other action that contributed to or caused the accident?
Was there a failed mechanical action to keep the vehicle in safe working order?
Was the trucking company negligent in hiring or failing to perform a drug test on the driver?

If an investigation shows that several parties may be held liable for a truck accident, victims may be able to maximize the compensation they obtain for their losses through multiple claims. If you have been injured in a trucking accident in Kentucky, you should contact an experienced attorney as soon as possible. Truck accident attorneys know how to investigate truck accidents fully and how to develop solid cases against negligent truck drivers, trucking companies, manufacturers and distributors, vendors, and other third parties. They will work diligently and aggressively to maximize compensation from all available sources.

Contact us (859-341-2500) for a Free Consultation!

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How to Respond to Suspected Medical Malpractice: A Comprehensive Guide…

Posted by Grubbs & Landry on December 15, 2023

When it comes to medical treatment, we place our trust in doctors and healthcare professionals to provide the best care possible. However, medical malpractice can occur, leading to devastating consequences for patients. If you suspect medical malpractice, it’s crucial to take the right steps to protect your rights and seek justice. In this comprehensive guide, we will walk you through the necessary actions you should consider when faced with the possibility of medical malpractice. From seeking alternative medical attention to obtaining medical records and hiring an attorney, we will provide you with the guidance you need to navigate this challenging situation.

Recognizing Medical Malpractice

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient. Understanding the signs of potential medical malpractice is essential in determining whether you have a valid claim. Some common indications include:

Unnecessary Surgeries or Procedures

In some cases, doctors may recommend surgeries or medical procedures that are unnecessary. If you suspect that a medical intervention was unwarranted, it could be a sign of malpractice.

Misdiagnosis or Failure to Diagnose

Misdiagnosis or failure to diagnose a medical condition can have severe consequences. If you believe your doctor overlooked critical symptoms or provided an incorrect diagnosis, it may be an indication of medical malpractice.

Medication Errors

Incorrect medications or dosages can lead to harmful side effects or worsen a patient’s condition. If you suspect that you have been prescribed the wrong medication, it’s important to investigate further.

Surgical Errors

Surgical errors, such as wrong-site surgeries or mistakes during the procedure, can cause significant harm. If you experienced complications or unexpected outcomes following surgery, it’s crucial to assess whether malpractice was involved.

Seeking Alternative Medical Attention

When you suspect medical malpractice, it’s essential to prioritize your health and seek assistance from another doctor. By consulting a different healthcare professional, you can obtain a second opinion and proper treatment for your condition. Here’s what you should do:

Research and Find a Trusted Healthcare Provider

Conduct thorough research to find a reputable and experienced healthcare provider who specializes in the relevant field. Seek recommendations from trusted sources or consult online reviews to ensure you receive the best possible care.

Explain Your Concerns

When you consult with the new doctor, clearly communicate your suspicions of medical malpractice. Provide a detailed account of your symptoms, the previous treatment you received, and any medical records or evidence you have gathered. This information will help the new doctor better understand your situation and provide appropriate care.

Document the New Doctor’s Findings

Ask the second doctor to document their findings and treatment plan for your condition. These records will serve as crucial evidence in your medical malpractice case, supporting your claim and demonstrating the negligence of the previous healthcare provider.

Obtaining and Preserving Medical Records

Medical records are vital in proving medical malpractice. They contain essential information about your condition, treatment history, and any mistakes made by healthcare providers. Here’s what you should do to obtain and preserve your medical records:

Request Copies of Your Medical Records

Contact both your previous and current healthcare providers to request copies of your medical records. These records should include detailed notes, test results, diagnoses, treatment plans, and medication history. Ensure you receive all relevant documentation to build a strong case.

Safely Store Your Medical Records

Once you have obtained your medical records, keep them safe and organized. Make digital copies and store them securely, ensuring you have backups in case of loss or damage. Organize physical copies in a designated file or folder, making them easily accessible when needed.

Documenting Your Experience

Creating a detailed account of your experience is crucial for building a strong medical malpractice case. By documenting your symptoms, treatment, and the impact of the medical error, you provide valuable evidence. Here’s how to effectively document your experience:

Maintain a Journal

Keep a journal to record your thoughts, symptoms, and the impact of the medical error on your daily life. Describe any physical or emotional pain you experience, as well as any disruptions to work, relationships, or overall well-being. Regularly update your journal to ensure accurate and comprehensive documentation.

Include Relevant Dates and Times

When writing in your journal, be sure to include dates and times associated with significant events, such as doctor’s appointments, procedures, or changes in symptoms. This chronology will provide a clear timeline of events, strengthening your case.

Take Photographs or Videos

If applicable, take photographs or videos of visible injuries or physical manifestations resulting from the medical error. Visual evidence can be impactful in demonstrating the extent of harm caused by the negligence.

Consulting with a Medical Malpractice Attorney

Navigating a medical malpractice case requires legal expertise. Hiring a skilled medical malpractice attorney will ensure you have the necessary support and guidance throughout the legal process. Here’s what you should consider when seeking legal representation:

Research and Select an Experienced Attorney

Conduct thorough research to find a reputable and experienced medical malpractice attorney. Look for attorneys who specialize in medical malpractice cases and have a successful track record. Read client reviews, consider recommendations, and schedule consultations to find the right fit for your case.

Provide Comprehensive Information to Your Attorney

During your initial consultation, provide your attorney with all relevant information, including medical records, journal entries, and any other documentation you have collected. Be transparent and thorough in explaining your situation, ensuring your attorney has a complete understanding of the case.

Trust Your Attorney’s Expertise

Once you have hired an attorney, trust in their expertise and allow them to handle the legal aspects of your case. Your attorney will investigate the incident, gather additional evidence, and represent your best interests throughout the legal proceedings. Maintain open communication with your attorney and follow their guidance.

Maintaining Confidentiality and Avoiding Contact

Maintaining confidentiality and avoiding contact with other parties involved in the case is crucial to protect your rights and ensure a fair legal process. Follow these guidelines:

Do Not Discuss the Case Publicly

Avoid discussing the details of your case on social media or any public platforms. Even seemingly harmless posts can be used against you by the defense. Maintain privacy and focus on sharing information with your attorney only.

Refrain from Contacting Healthcare Providers

Do not contact the healthcare providers or individuals involved in the medical malpractice incident. Communicate exclusively through your attorney to prevent potential complications or interference with the legal process.

Direct Insurance Company Inquiries to Your Attorney

If contacted by the defendant’s insurance company, politely decline to provide information or answer questions. Direct all inquiries to your attorney, who will handle communication with the insurance company on your behalf.

Suspecting medical malpractice can be a distressing experience, but taking the right steps can help protect your rights and seek justice. By seeking alternative medical attention, obtaining and preserving medical records, documenting your experience, consulting with a medical malpractice attorney, and maintaining confidentiality, you can navigate the complex process with confidence. Remember, each case is unique, and it’s essential to consult with an attorney to assess the specific circumstances of your situation. Act promptly and decisively to ensure the best possible outcome in your medical malpractice case.

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How We Help Clients With Misdemeanors and Felonies That Are Considered “Crimes of Moral Turpitude”…

Posted by Grubbs & Landry on December 1, 2023

Moral Turpitude is a phrase that describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards. If you’re charged with a crime – either a misdemeanor or a felony – having the words “crime of moral turpitude” attached to it can mean serious consequences. Some activities are criminalized due to their tendency to disturb the peace, create a public nuisance, or threaten a sense of public morality. These crimes include disorderly conduct, rioting, public indecency, vagrancy and loitering, gang activity, prostitution and solicitation, obscenity, and cruelty to animals. Although they’re not easily understood, crimes of moral turpitude can have long-lasting impacts on a person’s life. This is especially true if you hold a professional license or are an immigrant.

What is Moral Turpitude?

Moral Turpitude are Crimes of which are in general, shameful wickedness – so extreme a departure from ordinary standards of honesty, good morals, justice, or ethics as to be shocking to the moral sense of the community. If there is confusion over whether or not to use the “crime of moral turpitude” term with offenses, a judge or jury will typically consider the person’s state of mind or intent at the time of the crime.

Are Any Crimes, Not crimes Involving Moral Turpitude?

Not all crimes are classified as crimes involving moral turpitude. There have been many times when courts have determined that particular crimes do not rise to the level of depravity or evilness that’s inherent in a crime involving moral turpitude. These crimes typically won’t be classified as a crime involving moral turpitude unless the offense involves certain aggravating facts. A crime involving moral turpitude is not a specific offense. Instead, it’s a classification that can be assigned to a crime. This means that a crime that’s classified as a crime involving moral turpitude in one case may not be classified as a crime involving moral turpitude in another case. In short, a crime of moral turpitude is up to the courts to decide.

What Are the Consequences of a Convicted Crime of Moral Turpitude?

Crimes involving moral turpitude carry additional consequences that can be quite devastating. In addition to typical criminal penalties, you can also face consequences involving immigration, employment, and your reputation. Because crimes of moral turpitude are actually a reflection of your integrity and your ability, to tell the truth, a conviction for such a crime can have a serious impact on your life. If you are convicted of moral turpitude it will affect your:

- Employment – If your job requires you to have a professional license, a crime of moral turpitude conviction could place it in jeopardy. Often, the professional boards that issue the licenses will impose either suspension or revocation for crimes of moral turpitude.
- Witness Credibility -If you are ever called a witness in a court case, your credibility will definitely be doubted by the opposing attorney because of a previous conviction for a crime of moral turpitude.
- Immigration-Convictions for crimes of moral turpitude can have a significant impact on a person’s immigration status. The Immigration Act of 1917 first made it the law to deport people for committing crimes of moral turpitude. The Immigration and Nationality Act of 1952 then allowed for the exclusion of people entering the county based on such crimes. Today, an immigrant already living in the U.S. or seeking to enter the country could face the real possibility of deportation or be ruled inadmissible because of such a conviction. There is, however, a “petty offense exception” related to deportation or denial of admission to the country. If there is just one offense and the maximum sentence does not last for more than a year, the crime will most likely not result in deportation or denial of admission.

Although being charged with any crime is a serious issue, a conviction for a crime of moral turpitude can lead to life-altering results for your professional and personal life. Because of the vagueness and complexity of the term, a skilled criminal defense attorney often negotiates with prosecutors for a plea to a lesser crime – one that doesn’t include moral turpitude – or to have the charges reduced or dropped altogether. Your best option after being charged is to speak with a criminal defense attorney.

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Have You Been In an Auto Accident? The Following Explains The Damages You Can Recover…

Posted by Grubbs & Landry on November 17, 2023

If you have been in a car accident recently you are probably in need of car repairs, a rental car, some healthcare if injuries were sustained. If many weeks have expired and you have heard nothing. If your expenses have skyrocketed and grown significantly since your collision. If it looks like the collision has caused some long term injuries. It may be time to think about taking legal action. It may become necessary for you to file a personal injury complaint against the driver whose actions resulted in your injuries and expenses.

Compensation for Medical Expenses in Car Accident Cases

If you are injured in a car accident, quick payment of your medical bills often depends on whether the accident happened in a “no-fault” state. Kentucky is a no-fault state which means that your own automobile insurer will pay some or all of your medical bills if you get into a car accident, (often more promptly than in traditional “fault” states) regardless of who was at fault for the accident, up to the limits of your no-fault coverage. It’s important to note that if your medical bills exceed a certain amount (or your injuries qualify as sufficiently serious) you’ll be able to step outside the no-fault system and file a traditional liability claim against the at-fault driver, but this process will almost certainly take a while to resolve. Depending on the severity of your injuries and the circumstance or the accident you may be able to recover compensation for auto repairs, medical expenses, ambulance cost, liabilities, in-home healthcare services, and related treatments and therapies.

Long Term Cost of Car Accident Injuries

The costs to replace the immediate medical bills may not tell the whole story of the long term medical costs. In fact, too often people agree to a settlement before they understand the long-term repercussions of the accident. There are sometimes medical conditions that do not manifest until months or even years later. An attorney will understand the nuances of your case and will understand the precedent set in similar cases. You should also talk frankly with your physician as to your long-term prognosis, and any complications which may arise. You’ll want to understand how your injury today could affect your health and wellness down the road. Here are a few considerations which you can discuss with your doctor, and share with your attorney in order to prepare for any long term medical costs.

Possible Surgical Costs – Some injuries sustained in a car accident will need more than one surgery to effect a full recovery. You may need subsequent surgeries. Another possibility is plastic surgery. Insurance companies do not always cover what they consider “cosmetic” procedures.
Prescription and Drug Costs – Medications that are prescribed by a physician are often cost-prohibitive, especially for those without adequate insurance coverage. Some injuries necessitate long-term medication usage, especially if the accident victim is left to deal with chronic pain.
Cost of Medical Equipment – Depending on the extent and nature of the car accident, a victim may have to procure medical equipment, such as wheelchairs and in-home respirators. Medical equipment can be exceptionally expensive and can represent a significant budget item for victims as the years go by.
Physical Therapy and Rehabilitation – More severe injuries may result in the need for rehabilitative therapy services. Rehabilitation is often necessary for the victim to resume a normal life, whether that means walking or being able to have a full range of motion. Without access to rehabilitative services, a car accident victim may suffer long-term or permanent wage loss if they cannot return to the same job.
Psychological and Psychiatric Costs – Serious auto accidents are completely unexpected, highly emotional, and potentially traumatic. It is difficult to determine just how a patient will react. This is only applicable for people why are consciously in pain during or after the time of their injury.
Lost Income – If your injuries have kept you out of work you can sue the person responsible for all of the wages you missed out on during your recovery. If this injury has ended your working life you will need to work with your personal injury attorney to calculate how much the injury will cost you in the long run and demand compensation in court.
Loss of Companionship and Intimacy – Deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries caused by a car accident. The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium. There is legal recourse for people who have been injured in such a way that permanently damages their ability to experience a personal connection with loved ones.

If you’ve been seriously injured in an accident, retaining a personal injury lawyer may help you pursue compensation for any damages incurred as a result. However, it can be incredibly difficult to find a lawyer for your needs, especially if you are recovering from your injuries. With thousands of personal injury lawyers online, how do you find the right one? Make sure that your potential attorney does nothing but personal injury work. This way you know you are getting someone with experience who knows the ins and outs of the applicable law and how to handle a claim from beginning to end. Do not wait until your injuries become so personally and financially costly that it is too great a burden to bear. Get in touch with a compassionate, knowledgeable personal injury attorney right away.

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If Parents Are Found To Have Provided Negligent Supervision, They Can Be Liable for Their Children’s Auto Accidents. View a Real Case Example…

Posted by Grubbs & Landry on November 1, 2023

Getting a driver’s license is a major milestone for teenagers. It is also a big responsibility. While driving can be a sign of maturity, reckless behavior behind the wheel can have drastic consequences. When your teenager begins driving, it is important to discuss the potential dangers of any vehicle. Review teenage driver safety tips to be sure your child understands the rules of the road. Motor vehicle owners in Kentucky who are also parents need to pay attention to whether or not it is appropriate to let their children drive. When a parent signs the application for a minor to obtain a driver’s license they accept liability for any damage caused by the teen. If an underage driver does not have a driver’s license but decides to drive a car and has a crash while driving, all liability caused can be claimed against the parents for negligent supervision.

Negligent Supervision Cases

Parents become responsible if they themselves are negligent in the supervision of their children and, as a result, their children negligently injure someone. The cases are based on the idea that a parent has a duty to exercise reasonable care to make sure his or her minor child does not intentionally harm another of cause a risk of bodily harm. To prove negligent supervision in the contest of a car accident, a plaintiff must show…

The parent had a duty
That they breached the duty
That the breach causes the actual injury

To be held responsible a parent must know of his or her ability to control the minor and must know that it is necessary and possible to control the child. Foresee-ability is the issue on which a parent’s responsibility to control his or her child turns. If the teen has prior occurrences of the cause of the accident and the parent is aware of that behavior it could cause a parent to be responsible. However, parents are not required to be fortune-tellers about their teen’s behavior. In the case of car accidents, parents who know the teen has been drunk and driven on prior occasions may be liable to anyone the teen injures.

Alcohol and Teen Drivers – An Real Case Example…

A Ky Court of Appeals 2005 case consider whether parents had negligently supervised their child who crashed their car and injured a passenger. The 15-year-old driver convinced someone to buy him beer. He had no permit or license. He and a group of friends drank beer at a friend’s house and then the fifteen year old drove the friends to a cemetery for another gathering. As he was driving through the cemetery he crashed into a tree. One of the friends in the back seat suffered brain damage as a result. The parents of the injured boy sued the fifteen-year-old and his parents, and others. The claim against the parents was negligent supervision of their son. The parents of the fifteen old filed suit that there was no negligence in supervising their son and prevailed. There was an appeal by the parents of the injured boy. The appellate court said there was no evidence that the parents had actual knowledge of their son drinking and driving on the night of the accident or even before. The plaintiffs argued that the accident was foreseeable because the parents knew of prior occasions of drinking and prior occasions of driving the vehicle. The fifteen-year-old’s parents said he was punished and the plaintiffs argued the parent efforts were ineffectual. The boy’s mother did say she had taken the boy to the cemetery to do driver training previously. The appellate court ruled these isolated instances of drinking and on another occasion operating a motor vehicle with his parent in the car were not sufficient to make it foreseeable that he would take a car and crash it into a tree. The appellate court also found that there was insufficient evidence to show that the parents had the actual ability to control their son to keep him from driving and crashing the car into the tree that night.

Prevent Impaired Driving

Alcohol isn’t just illegal for teenagers to consume—it can be deadly if they drink and drive. In fact, drunk driving is one of the most frequent causes of death among teens. Alcohol impairs most of the skills that young drivers need the most, such as their reaction time, their vision, and their judgment. Parents of teenagers who own cars must be cautious about how they respond to their child’s misbehavior in connection with the car and drinking. This case found in favor of the defendant, but the court left open the question of whether the parents would have been liable if they had known of more occasions on which their son drove drunk.

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