Hensley Law Office, PSC Flatwoods Personal Injury Attorney | Criminal Defense Russell KY 2020-10-21T17:25:34Z https://www.jeffhensleylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100179/2020/08/cropped-siteicon-32x32.jpg On behalf of Hensley Law Office, PSC <![CDATA[How can parents keep their teen drivers safe?]]> https://www.jeffhensleylaw.com/?p=48076 2020-10-21T17:25:34Z 2020-10-21T16:30:48Z What is the Graduated Driver Licensing program? Many states – including Kentucky – actually have a program designed to help teen drivers better develop their driving skills and drive safer. The Graduated Driver Licensing (GDL) program is required for some teen drivers, but parents should consider having their child participate in this program regardless. The program has teens follow three steps to get their driver’s license:
  1. Permit: After teens take the driver education course and pass their permit test, they obtain a learner’s permit. With a permit, they cannot drive between midnight and 6 a.m., and they can only drive when accompanied by a licensed driver that is at least 21 and related to them.
  2. Intermediate License: After 180 days with the permit, parents must verify that the teen practiced driving for 60 hours, with 10 hours being at night before they can take their driving test. Even if teens pass their driving test, they must still follow specific rules. For example, they still cannot drive after midnight, and they cannot have more than one passenger who is under 20 and not related to them.
  3. Full Unrestricted License: After another 180 days with an intermediate license, then teens can apply for a regular, unrestricted driver’s license.
When teens use this process, it ensures that they practice. And according to the Centers for Disease Control and Prevention (CDC), research indicates that GDL programs reduce crashes by roughly 16% to 22%, and fatal crashes by 26% to 41%.

What else can parents do to help teen drivers stay safe?

There are additional efforts that parents can take at home to help their teen drivers as well. For example, it can help if parents:
  • Set a good example for their teen to learn from by avoiding distractions and following all traffic laws
  • Still enforce rules for their teen driver, even when they obtain an unrestricted driver’s license
  • Discuss the specific consequences of driving distracted or under the influence
Parents are still responsible for their child’s safety and taking proactive action can help prepare them to handle the risks of the road.]]>
On behalf of Hensley Law Office, PSC <![CDATA[How often do personal injury claims go to court?]]> https://www.jeffhensleylaw.com/?p=48073 2020-10-06T16:16:53Z 2020-10-06T16:16:53Z If you were harmed by the negligence of another person, your long-term health may rely on receiving fair compensation in a lawsuit. In filing this lawsuit, though, you are likely to have questions. Will you need to take additional time away from work and from your medical care to go to court? Will going to court really help you get the support you need? How can you be sure that you receive a fair amount?

How many personal injury cases go to court?

The fact is that most personal injury cases do not see trial. In fact, more than 95% of personal injury lawsuits settle out of court. This means that in a personal injury lawsuit, there is a high likelihood that you and the other person will reach an agreement without a judge or jury’s intervention.

There are many reasons for this. For many, negotiating a settlement saves them the time and costs of going to court or preserves their privacy during a difficult time. For others, the guaranteed support provided by a settlement is preferable to fighting in court with no guarantee of success. The courts also often encourage alternate dispute resolution options like mediation and arbitration.

Your case may not go to court, but you may still need to defend your interests.

While most personal injury cases settle out of court, you may not immediately receive a fair offer. In many cases, you and your attorney may need to negotiate with the other party to receive a fair amount in the settlement. This makes it especially important to have a strong legal strategy even if you never go to trial.

On behalf of Hensley Law Office, PSC <![CDATA[Does my employer get to choose my doctor?]]> https://www.jeffhensleylaw.com/?p=47976 2020-08-31T13:39:12Z 2020-08-20T16:44:09Z Why does this system exist? Kentucky passed this amendment to the law as part of a cost-cutting measure. The intended effect of using a managed care system is to control how much is spent on medical costs. As most are aware, the US has some of the highest medical costs in the world. The thought is, by centralizing the process, the costs are controllable.

What does this mean for injured workers?

The entire system is complicated, but the bottom line for workers is that, mostly, they most choose their treatment provider from a pre-selected list. However, this does lead to some uneasiness for those filing workers’ compensation regarding their:
  • Privacy: Is your information or information you share with this doctor confidential?
  • Treatment: Will this provider act in your best interest or your employer’s?
Both of those concerns come down to a matter of trust. Do you trust that your doctor or a doctor chosen by your employer, will do right by you? If you worry about trusting your privacy, you should take some comfort in knowing that sharing medical information is prohibited by the Health Insurance Portability and Accountability Act (HIPPA).

You should put your interests first

Despite how much you do or do not trust in the list that you’ll need to select your healthcare provider from, you do not need to go it alone. With an experienced, compassionate workers' compensation attorney, you can get the results you need and protect your rights.]]>
On behalf of Hensley Law Office, PSC <![CDATA[How to make co-parenting easier for divorced couples]]> https://www.jeffhensleylaw.com/?p=47975 2020-08-13T15:36:43Z 2020-08-13T15:36:43Z co-parenting tips can help you stay on track.

5 essential co-parenting tips

  • Focus on your kids – Divorce can be especially hard on children, who might have trouble adapting to the new arrangements. By focusing on fulfilling your children’s wants and needs, you reduce the risk of getting into old arguments with your ex. Remember that your children are relying on you to help them through the divorce transition. Don’t fight with your ex in front of them and instead work on how you can make your children feel comfortable and loved during this challenging time.
  • Put your feelings aside – Going through a divorce can take an emotional toll. You’re hurt and angry, and that’s understandable. However, when it comes to co-parenting, keeping a positive attitude will help you much more. Instead of dwelling on how upset your ex makes you, do your best to stay friendly and focus on the task at hand.
  • Communicate – It can be challenging for divorced couples to communicate, but as parents, you’re going to be in each other’s lives for some time, so you must learn how to talk to each other. Find a method that works best – texting, emailing, or talking on the phone – and stick to that each time. Open communication will build a stronger foundation for your parenting and ensure that your children are receiving the proper attention from both of you.
  • Be flexible – Divorce can throw lives upside down. As you and your ex both adjust to life after divorce, it’s essential to be flexible when necessary. Listen to your ex and your kids and allow for changes when appropriate.
  • Keep exchanges short – You might dread taking your kids to your ex’s house per your custody agreement. To make these hand-offs easier, keep them short and sweet. Focus on ensuring your children have everything they need and try not to lecture your ex about their parental duties. Anything you need to inform your ex about you can do over your preferred method of communication instead.
Divorce can make parenting more challenging, but it’s not impossible. By focusing on your children and setting your anger aside, you can engage in civil communication with your ex each time. Remember that your children’s best interests come first, no matter what.]]>
On behalf of Hensley Law Office, PSC <![CDATA[Personal injury FAQ]]> https://www.jeffhensleylaw.com/?p=47974 2020-07-28T20:20:57Z 2020-07-28T20:20:57Z How much does a personal injury claim cost? In almost any normal personal injury claim, it should cost you nothing out of pocket. The vast majority of personal injury attorneys take claims on contingency, which means that their payment is based on a percentage of the amount they win for you in your case, either through a settlement or jury verdict. Therefore, you should not expect to pay any attorney fees through the duration of your case.

How long does it take?

Every case is different. In general, your case could take anywhere from a couple months to a couple of years, depending on a few factors. In some cases, the defendant and their insurance company are willing to make a decent settlement offer right from the start, which can result in an extremely speedy case. Other times, they dig their heels in and fight to the very end, which will increase the time it takes to resolve the matter. Also, some cases take longer because they are more complicated or because the civil courts are backlogged.

Why didn't insurance cover the injury?

Insurance companies are legally obligated to cover certain events specified in insurance policies. However, there is a lot of gray area in terms of what the insurance company has to cover. And, of course, insurance companies are for-profit enterprises. Every penny they pay out is one less penny on their profit sheet, so they have strong incentive to minimize and avoid paying out on claims whenever possible. In most cases, it takes a strong legal fight to get the compensation you deserve from the insurance company.

Do I have to go to court?

Not necessarily. Again, this depends on the case itself and on the type of settlement offer the other side brings. If it’s a good offer, you can avoid the courtroom. But if the offer is too low to truly cover your losses and medical expenses, you should consider taking the case to trial to get the compensation you deserve. Ultimately, it is your choice whether or not to take a case to court. If you would rather take a short settlement and move on, you are entitled to do so. The best thing to do if you have been in a serious accident is talk with an experienced personal injury lawyer who can give you sound counsel regarding your rights and options.]]>
On behalf of Hensley Law Office, PSC <![CDATA[4 factors for making an effective parenting plan]]> https://www.jeffhensleylaw.com/?p=47533 2020-05-30T00:40:33Z 2020-05-30T00:40:33Z #1 – Listen to your kids Children have their own worries when they see their parents go through a divorce. Young children might not understand the scope of the situation but can still feel the strain of a family coming apart. Talk to your child about everything and encourage them to express their feelings. You shouldn’t involve children in every aspect of the divorce, but you can allow them to speak up where it matters. Older children especially might have legitimate concerns regarding custody or schedules that you can take into consideration.

#2 – Create a schedule

A schedule is one of the main pieces of a parenting plan. As you and your ex-spouse share time with your children, a schedule is the best way to keep everyone on the same page. Build a schedule that is manageable for not only the children but for you and your ex-spouse as well. Determine who will have custody of the kids at what time and don’t forget important holidays or long school breaks.

#3 – Parental responsibilities

Each parent is responsible for their child’s growth, comfort, and happiness. Parents are also responsible for many other things – some of which might not seem important when you’re making your plan. However, little details can be crucial. Which parent should be responsible for doctor’s visits? Which parent will attend parent-teacher conferences? Answering these questions at the start can help both of you out in the future.

#4 – Communication methods

The key to any co-parenting situation is communication. Without open and friendly communication, there can be misunderstandings and conflicts, which can only add more trouble to an already stressful situation. If you and your ex-spouse struggle to communicate effectively in person, you can decide to keep as much interaction over the phone or through email instead. Figuring out what works best for the two of you can help you stay connected when you need to discuss important details about your children.  ]]>
On behalf of Hensley Law Office, PSC <![CDATA[It’s Motorcycle Safety Awareness Month: Be Safe!]]> https://www.jeffhensleylaw.com/?p=47513 2020-07-07T12:45:05Z 2020-05-25T11:00:52Z involved in a car crash with other motorists. Did you know that motorcyclists are around 27 times more likely to die in a collision than other drivers or their passengers? This is because motorcycles have few safety features compared to other vehicles, like cars and trucks. Interestingly, one of the safest pieces of gear to use, a helmet, is not required of all riders. It is required for those under the age of 21, those who have a motorcycle instruction permit and those who have been riding for a year or less. Prior to 1998, all riders had to wear a helmet in Kentucky. Now is a good time to suggest that you do wear a helmet when you ride. When the old law was amended, motorcyclist fatalities skyrocketed by over 50%. It’s believed that wearing a helmet reduces your risk of dying by around 22 to 37%. As you ride in Motorcycle Safety Awareness Month, remember that you can take steps to protect yourself. If you do get hit, you’ll want to be as protected as possible against the impact, and a helmet can help.]]> On behalf of Hensley Law Office, PSC <![CDATA[Don’t settle an injury case too quickly]]> https://www.jeffhensleylaw.com/?p=47510 2020-07-07T12:46:45Z 2020-05-18T09:17:35Z don’t heal at the same rate for everyone and some people don’t ever fully heal. You end up missing a lot of work, needing extended therapy options and even having to go back into the hospital. Now you have many more bills but the insurance company doesn’t have to cover them, because you already settled. The settlement can sound great because you just want some type of resolution and you know you need money. Just make sure you really know what options you have and you do not move too quickly.]]> On behalf of Hensley Law Office, PSC <![CDATA[Despite what you may think, you can’t safely multitask and drive]]> https://www.jeffhensleylaw.com/?p=47507 2020-07-07T12:48:24Z 2020-05-15T20:41:33Z When you multitask, your brain switches between functions Some people will compare multitasking to the way that a computer operates. However, the human brain is not a processor chip capable of running multiple programs simultaneously. According to the National Safety Council, your brain can truly only perform one function at a time. When you multitask, what you actually do is rapidly switch focus between two or more tasks repeatedly. Understanding this makes it clear that there is no safe way to use a mobile phone while in control of a motor vehicle. If your brain is in texting mode, you may not react quickly enough to a child who runs out into the street or a car that stops suddenly in front of you.

You don't have to look down at your phone for it to distract you

Some people think that as long as they don't actually read a text message or type one out, they won't let their phones distract them in the vehicle while they drive. However, your phone still has the potential to distract you if it rings or starts giving you notifications. The sound of an incoming email or text message can be enough to mentally distract you from driving safely and potentially put you in a situation where you could get into a crash. Putting your phone on silent and out of sight in the car is usually the safest choice. Given that distracted driving remains a leading cause of crashes, avoiding it yourself is a great step toward improved safety. Unfortunately, you may still wind up at risk for a distracted driving crash through the actions of other people on the road. In that situation, you may be able to file an insurance claim or even the personal injury lawsuit against the person who prioritized their phone over public safety.]]>
On behalf of Hensley Law Office, PSC <![CDATA[What’s the statute of limitations on a workers’ compensation claim in Kentucky?]]> https://www.jeffhensleylaw.com/?p=47502 2020-07-07T12:49:10Z 2020-05-08T14:59:07Z strict time limits that you have to follow if you want your injuries to be treated through workers’ compensation and to have any hope of receiving  fair compensation. If you’ve been injured on the job, keep these points in mind:
  • You are expected to notify your employer as promptly as possible. While it’s understandable that you will see to your medical care first, any unnecessary delay reporting your injury or illness can cast doubt on the veracity of your claim and give your employer an excuse to deny it.
  • You have a maximum of two years to file for most work-related injuries. In the case of occupational diseases, you generally have three years to file after your diagnosis or whenever your symptoms were “sufficient to inform” you of the disease -- whichever comes first.
  • There are some exceptions. Special rules apply to workplace-acquired AIDS, asbestos-related diseases and diseases caused by your exposure to radiation.
In addition, if your claim is denied, you only have a short time to file your appeal. Once the Administrative Law Judge has made a decision on your case, you typically only have 15 days to file a Petition for Reconsideration and 30 days to file an appeal with the Workers’ Compensation Board. If you’ve been injured at work in Kentucky, there’s no time to waste. Even if it takes a significant amount of time for your claim to be resolved because your condition is up in the air, it’s vitally important to make your report and file your claim as soon as possible. If you need help, turn to an experienced legal advocate.]]>