Frequently Asked Questions

• Can My Accountant Refuse to Give Me My File?

  Maybe. If you have paid the CPA in full for the services rendered, he is required to release the records requested within a reasonable period of time. The CPA can charge you a fee for copies or staff time for making copies of these records. Limiting your request to copies which are actually needed can save you time and money. Also, it will enable the CPA to make a more timely response to your concerns. See our Library Article on Getting Your File From Your Accountant.

• Are all lawyers the same?

  Unfortunately, not every lawyer can handle every kind of case, even if they say they can on a television commercial. The fact of the matter is, you should choose your lawyer only after you are convinced they will not pass your case off to another attorney if the case doesn’t settle quickly. You should also be certain that the lawyer knows enough about your type of case. For example, my firm does not handle divorces or wills or speeding tickets (we don’t know how, but we do know several lawyers who do and we can give you their names). We don’t handle these cases because we choose to stay abreast of the law in other areas and know we can do a much better job on case with which we are familar, that is why we limit our practice and the number of cases we will handle. If you are not sure whether your case fits in one of our practice areas, please call us. We’ll be happy to tell you and, if we don’t handle your type of case, we’ll be happy to recommend someone if we can.

• What is the difference between first and third party bad faith?

  Not every state recognizes bad faith. Kentucky is one that does. First party bad faith is when an individual makes a claim against his own insurance company and they refuse to pay or offer less than the claim is obviously worth. An example would be if a person had to make a claim against their own underinsured motorists policy (see the FAQ on underinsured coverage for more information)

  There really is no such thing as “third party bad faith” in Kentucky. If a person has been unfairly dealt with by someone else’s insurance company (for example the insurance company of the person who injured you in a car wreck), the you can bring a claim under Kentucky’s Unfair Claims Settlement Practices Act. KRS 304.12-230. To bring this type of claim, you have to prove the insurance company violated one of the fifteen sections of the statute.

• If my last lawyer lost my case, settled for less than I wanted, or was the reason I lost money, can I sue him or her?

  It depends. Simply because there was a poor result in your case does not mean that the lawyer did something wrong. The practice of law is an art, not a science. A lawyer can do everything correctly and still be unsuccessful. A lawyer can do things wrong and still achieve a good result. The test is whether the lawyer did what a “reasonably prudent lawyer practicing in the same or similar circumstances” would have done. If you believe your former attorney was negligent and you suffered a loss as a result, please contact our office for a free consultation.

• How long do I have to file a legal malpractice case?

  Generally, you only have one year from the date you knew or should have known of the malpractice. But, as with all limitations questions, this date is difficult to determine with certainty. For example, if the negligence was in a case involving litigation, you have one year from the date the damages are “fixed and non-speculative.” This may mean the statute doesn’t even start to run until several years after the malpractice occurs. It is always best to speak with an attorney experienced in legal malpractice. Feel free to give us a call.

• Are all lawyers required to carry legal malpractice insurance?

  In Kentucky, the answer is “no.” In fact, not only are lawyers not required to carry legal malpractice insurance, but they don’t have to disclose the fact they don’t carry legal malpractice insurance unless you ask them. This means that one of the most important things you can do when hiring a lawyer is to ask him or her whether they carry legal malpractice insurance. We carry a significant amount of legal malpractice coverage at The Poppe Law Firm^®. Fortunately, we have never had to use it!

• I'm having problems with my attorney. He won't return my phone calls, and he won't respond to my letters. I'm very concerned about my case and not sure what, if anything, my attorney is doing on my case. What can I do about this?

  Well, the answer to this question depends on a number of things. Sometimes attorneys are so focused on working on the case they do a poor job communicating to the client what is happening on a day to day or month to month basis. This doesn’t mean the attorney isn’t actively and diligently working on your case, it simply means they are busy working, not communicating. Most of the time, a simple phone call or letter to your attorney setting forth your concerns is enough to help the lawyer understand it’s important for him or her to keep you informed. Most lawyers only let their clients know when something important is happening in the case, even though they are handling lots of necessary, but boring day to day tasks necessary to move the case forward.

• How long do I have to bring my medical malpractice case?

  This is always a complicated question. In Kentucky, the statute of limitations is one year from the date you knew or should have known of the negligence; however, if the case involves a death, it could be as long as two years. If the spouse is making a claim for loss of consortium, he or she only has one year to bring the claim, regardless of whether it involves a death. These dates are often difficult to determine with certainty; therefore, it is important to discuss your potential case with an attorney experienced in medical negligence litigation as soon as possible. If you are unsure, please contact our office.

• Is there a time limit on my doctor's liability?

  No. Unlike many states, Kentucky has not imposed a limit on your doctor’s liability. If your case is successful and the jury decides that you deserve to be compensated for your medical bills as well as pain and suffering, the state has not imposed an upper limit on your actual recovery. If you have been injured by a doctor’s negligence, call Hans Poppe™ today at 502-895-3400.

• My doctor made me sign a waiver before he operated on me, does this mean he can't be held liable for malpractice?

  No. Most, if not all, doctors make their patients sign a “waiver” that explains the procedure and some of the risks and complications that might occur as a result of the operation. But these waivers do not excuse a doctor’s malpractice. Regardless of whether you signed a waiver, your physician is still under an obligation to exercise the same degree of care in operating on you that any reasonable physician would. If his performance during the surgery dips below the standard required of him, he may still be liable for medical malpractice.

• How can I find a good nursing home for my loved one?

  This is a complicated question, but a very important one. Please go to our Special Report section and download any one of the free guides, one of which we personally wrote.

• How long do I have to bring my nursing home negligence claim?

  The short answer is, “it depends.” There are a number of variables involved that will determine how long you have to file your nursing home negligence claim. It also depends on whether you are combining the nursing home residents case with a spouse’s loss of consortium case. it can also depend on whether you are bringing a claim based on a violation of a Kentucky’s nursing home statutes. Depending on all of the above, your time limitations could vary anywhere from as little as one to as many as five years. If you are unsure of your particular time limitations, don’t hesitate to call us.

• Do nursing home residents have any rights?

  Yes. Kentucky nursing home residents have a number of specific rights that are set out by statute. If any of these rights are violated, the home can be held responsible. For more information, call us, or download our Free Nursing Home Report in the Reports section.

• Is there any organization that helps ensure Louisville, Kentucky nursing home residents receive quality care?

  Yes. The Legal Aid Society of Louisville has a Nursing Home Ombudsman Program that helps ensure nursing home residents in Louisville receive the quality care they deserve. The ombudsman program protects the rights of nursing home residents by investigating and resolving residents concerns. They regularly visit nursing homes to determine whether resident’s needs are being met, they are safe from abuse. The program serves Breckinridge, Grayson, Hardin, Larue, Marion, Meade, Nelson and Washington counties in Kentucky. For more information, contact Carol Dupin about the Legal Aid Society’s Nursing Home Ombudsman Program at 270-765-3710 or cdupin@laslou.org.

• Where can I find information on semi-truck wrecks?

  You can download our Free publication: What The Insiders Don’t Want You To Know About Semi-Truck Wrecks and watch our video on The Six Things You Must Know If You Have Been Involved In A Car or Semi-Truck Accident.

• What is the Statute of Limitations in Kentucky for a car or semi-truck accident?

  Generally, the Kentucky Statute of Limitations requires a lawsuit for injuries from a car or semi-truck accident be brought within two years of the accident or two years from the last payment by your own insurance company for BRB/PIP benefits, not to exceed four years from the date of the accident. See the FAQ for BRB/PIP benefits for more information.

• I've heard that Kentucky is a "no-fault" state and I can't sue the other driver if I have been in a car or semi-truck accident because I am entitled to PIP or BRB benefits What does that mean?

  “No fault” is Kentucky’s statute that requires the first $10,000 of your medical bills, lost wages, and replacement services be paid by your own automobile insurance company. It was designed to allow people to recover a portion of their damages without filing a lawsuit. The first $10k of these items are paid by your own insurance company, regardless of whose fault the accident was. Once the insurance companies decide who was at fault, the at fault driver’s company reimburses the other insurance company. If your car is insured in Kentucky, you can recover these benefits even if the accident happens in another state. Furthermore, non-Kentucky residents traveling and injured while in Kentucky may also be entitled to to these benefits. No fault does NOT mean you can’t recover damages from the other driver’s insurance company, it simply means a portion of your damages will be paid without having to bring a claim or a lawsuit. If you still don’t understand, give me a call and I’ll explain it without charge.

• If I am involved in a car or semi-truck wreck, who will pay my medical bills and lost wages?

  Kentucky is a “no fault” state, this means your own automobile insurance company will pay the first $10,000 of these type expenses. Make sure to read the FAQ on BRB and PIP benefits.

• How much auto insurance am I required to carry in Kentucky?

  Kentucky requires that you carry a minimum bodily injury liability coverage of $25,000/$50,000. This means that your insurance coverage will pay up to $25,000 for a single injury in an auto accident and up to $50,000 for all injuries in the accident. Kentucky also requires that you carry a minimum of $10,000 in property damage coverage. As a no-fault state, Kentucky requires that your insurance company make payments for your injuries up to the limit of your coverage without regard for whose fault the accident was.

• I was in an auto accident. Should I take pictures of the scene?

  Yes. Taking pictures of the accident is one of the best things you can do. In fact, it might be a good idea to store a disposable camera in your glove box. Here’s a few tips for taking good accident pictures: (1) Walk around the car, taking pictures from every possible angle. (2) Take pictures from high and low angles if possible. (3) If there’s a street sign or traffic light around, be sure to get that in the pictures. (4) Take a few shots from far back to show the car in relation to other cars and roads. (5) It’s best to have a camera that imprints the date and time of the picture on the photo itself. If this isn’t possible, go back and write in ball point pen or permanent ink on the back of the photos the date that you took them.

• I was injured in a car crash. What sort of things should I bring to our first meeting?

  You should bring any notes that you made shortly after the accident or photographs that you took of the accident scene. Bring police reports, which might contain eyewitness contact information and statements. Copies of any medical records or bills from your doct will be helpful in demonstrating the extent of your injuries. If you have information about the other driver’s insurer, you should bring that.

  In short, bring anything that you think may be helpful in making a determination about whether or not your claim will be successful. If there are documents that you are in the process of getting, but have not received before our meeting, you should let us know so that we can attempt to obtain them during the “discovery” period.

• Are all lawyers the same?

  Unfortunately, not every lawyer can handle every kind of case, even if they say they can on a television commercial. The fact of the matter is, you should choose your lawyer only after you are convinced they will not pass your case off to another attorney if the case doesn’t settle quickly. You should also be certain that the lawyer knows enough about your type of case. For example, my firm does not handle divorces or wills or speeding tickets (we don’t know how, but we do know several lawyers who do and we can give you their names). We don’t handle these cases because we choose to stay abreast of the law in other areas and know we can do a much better job on case with which we are familiar, that is why we limit our practice and the number of cases we will handle. If you are not sure whether your case fits in one of our practice areas, please call us. We’ll be happy to tell you and, if we don’t handle your type of case, we’ll be happy to recommend someone if we can.

• I work on a railroad and was hurt, how can I recover for my injuries?

  Railroads are extremely dangerous places to work. Often times the railroad does not do enough to ensure the safety of its workers. Railroads don’t always provide safe equipment or work enviroments. When this happens it can lead to serious injures to railroad workers. Unfortunately, railroad workers are not entitled to worker’s compensation to pay for their injuries; instead, they must file a lawsuit against their employer under a federal law known as the Federal Employer Liability Act, known as FELA. In order to recover your damages, a jury must find that the railroad failed to provide a “reasonably safe place to work” and that this failure contributed, in whole or in part, to your injuries. Railroads spend millions of dollars every year in Kentucky defending claims made by injured railroad workers. We are proud to say our firm is at the forefront of representing injured railroad workers. In the last 9 years there have been 43 FELA cases tried to jury verdict. Only 14 times has the verdict been over $500,000. We are fortunate to count three of those verdicts as our own. We also have one of the only 6 FELA verdicts of a million dollars or more.