Hicks & Funfsinn, PLLC Hicks & Funfsinn, PLLC 2026-08-04T08:49:12Z https://www.hfkylawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1200401/2020/01/cropped-Hicks-Funfsinn-Kentucky-Lawyers-logo-32x32.png On Behalf of Hicks & Funfsinn, PLLC <![CDATA[What should you do if your child suffers a dog bite?]]> https://www.hfkylawyers.com/?p=56073 2026-07-29T15:43:24Z 2026-07-29T15:43:24Z Get medical care right away Your child's health comes first, even if the bite looks minor. Some wounds are deeper than they appear, and bacteria from an animal's mouth can increase the risk of infection. Seek medical attention as soon as possible so a health care provider can clean the wound, evaluate the bite and recommend any needed treatment. Keep copies of your child's medical paperwork, including discharge instructions and follow-up care. These records document when the bite happened and the treatment your child received.

Preserve important evidence

Saving information early makes it easier to remember important details and supports your claim if questions arise later. If you can, gather:
  • Photos of your child's injuries as they heal
  • Pictures of the location where the bite happened
  • The dog owner's contact information
  • Names and contact information for any witnesses
  • Receipts for medical expenses related to the injury
Collecting these items soon after the incident helps preserve details that may otherwise be lost over time.

Report the bite

Reporting the incident creates an official record that may become important later. Contact your local animal control agency or the appropriate public health authority and provide the details you collected, even if you do not have everything yet. Kentucky law generally holds dog owners legally responsible when their dog injures someone, even if the animal has never shown aggressive behavior before. An official report can help document what happened and may become valuable if you later pursue compensation for medical bills or other losses.

Help your family move toward healing

Taking time to understand your legal options with a personal injury attorney can help you make informed decisions while your child focuses on healing. Avoid discussing fault with the dog's owner or accepting a quick settlement before you know the full extent of your child's injuries and future medical needs. Acting quickly and keeping these records can help protect your child's well-being and support the next steps you want to take.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[Who is at fault when another vehicle rear-ends your car?]]> https://www.hfkylawyers.com/?p=56056 2026-07-22T15:43:35Z 2026-07-22T15:43:35Z A rear-end collision can be disorienting, leaving you questioning who is responsible for the damage. Understanding Kentucky’s specific traffic laws and comparative fault rules can give you the necessary clarity. Here is what you should know.

What does Kentucky law say?

Kentucky law expects a driver to maintain a reasonable distance from the vehicle in front of them. Furthermore, their driving should reflect the prevailing traffic and road conditions.   If they fail to fulfill the aforementioned duties and it results in a collision, Kentucky courts may hold them liable. 

When is the lead driver at fault?

There are certain circumstances when a lead driver may be at fault. For example, the lead driver may have caused a motor vehicle accident by applying the brake suddenly without cause or reversing in an active traffic lane. In situations like this, the law considers the lead driver at fault.

How is the fault shared?

Since Kentucky is a pure comparative fault state, even if you were partially responsible for the accident, you may still be able to recover monetary damages. For example, if your total damage stands at $30,000 and you are 10% at fault, you may still be entitled to receive $27,000. Furthermore, irrespective of who is at fault, under Personal Injury Protection (PIP), you are automatically entitled to $10,000 that covers basic medical bills and lost wages.

What should you do after a rear-end collision?

Before you do anything, seek medical attention even if you feel completely fine. Subsequently, call the police to the scene and document everything, either in photos or videos. Get the insurance details from the other driver and consult a legal counselor to assess your situation and understand how much damages can you recover from the at-fault driver. ]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[What Kentucky’s new PIP law means for your claim]]> https://www.hfkylawyers.com/?p=56054 2026-07-22T13:56:40Z 2026-07-22T13:47:44Z paycheck may stop if an injury keeps you from working. Until now, Kentucky's $200 weekly Personal Injury Protection (PIP) benefit often covered only a small part of your lost income. Starting July 15, 2026, the combined weekly limit for lost wages and replacement services increases to $500. The new benefit applies only to auto insurance policies issued or renewed on or after July 15, 2026. If your current policy has not renewed yet, the previous benefit limits may still apply until your next renewal. Many drivers have questions about these changes. Hicks & Funfsinn helps people learn how Kentucky's updated PIP law may affect accident claims and insurance coverage. Here is what you should know.

What changed under Kentucky's new PIP law?

House Bill 627 updates parts of Kentucky's no fault insurance law. This law helps pay for medical care and certain financial losses after a car accident, no matter who caused the crash. Several changes could affect the benefits available under qualifying policies.
  • Higher weekly benefits: The weekly limit for lost wages and replacement services increases from $200 to $500. This increase may provide more financial help if you cannot work or need someone to help with daily household tasks while you recover.
  • Higher funeral benefits: The maximum funeral benefit increases from $1,000 to $5,000. This amount comes closer to covering today's funeral and burial costs.
  • New payment rules for medical bills: Insurance companies now use the Kentucky Workers' Compensation fee schedule when paying many PIP medical bills instead of the amount a medical provider charges.
  • New billing deadline: Health care providers generally have 180 days to send medical bills to the insurance company. This rule may help claims move through the process more smoothly.
The higher weekly benefit comes from Kentucky's no fault insurance law, which insurers generally use when handling qualifying PIP claims.

What stayed the same under the new law?

Although House Bill 627 increases several benefits, the Basic PIP limit stays the same at $10,000 per person for each accident. That $10,000 covers medical bills, lost wages, replacement services and funeral expenses. A serious injury could still use up those benefits quickly. Since the overall limit did not change, some drivers may want to look at optional added reparation benefits for extra protection.

How does the $500 weekly cap work?

An example may help explain how the new limit works. Suppose you earn $900 each week and your doctor tells you to stay home from work for four weeks after a car accident. Under the old $200 weekly limit, your Basic PIP wage loss benefit would have totaled $800. Under the new $500 weekly limit, you could receive up to $2,000 for that same four week period if your policy qualifies and you meet the coverage requirements. The new limit may not replace your full paycheck, but it could cover more of your lost income while you recover.

What should you do before your policy renews?

The higher weekly benefit applies only to policies issued or renewed on or after July 15, 2026. Your policy's renewal date could determine when these changes become available. You may want to:
  • Contact your insurance agent to confirm your policy's renewal date.
  • Ask if your policy can be replaced or rewritten with an effective date on or after July 15, 2026.
  • Request written confirmation of any policy changes.
  • Make sure your current coverages stay in place during the change.
  • Confirm that the update will not create a gap in your coverage.
These steps may help you learn when the new PIP benefits could apply to your policy.

Should you consider added reparation benefits?

The Basic PIP limit remains $10,000, so you may also want to consider Added Reparation Benefits, often called Added PIP. Added PIP increases the total amount of coverage available under your policy. For example, adding $40,000 to your $10,000 Basic PIP would give you up to $50,000 in available benefits. Those extra funds may help pay for medical bills, lost income and household help if your recovery takes longer than expected. You may also hear the term "stacking." In simple terms, stacking may allow coverage from more than one policy or vehicle to work together in some situations. The rules depend on your policy and Kentucky law, so stacking may not apply to every claim. Your insurance company may be able to explain how it works for your coverage.

Take time to review your coverage

Kentucky's updated PIP law increases weekly benefits for lost wages and replacement services while also raising funeral benefits for qualifying policies. These changes may provide more financial support after a serious accident if your policy takes effect on or after July 15, 2026. Looking over your policy before your next renewal may help you see whether the new benefits apply to your coverage. If you have questions about your benefits or an injury claim, a Kentucky personal injury attorney can explain how the law may apply to your situation and discuss your legal options.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[Leaving a big event? Parking lot accidents can happen fast]]> https://www.hfkylawyers.com/?p=56051 2026-07-16T10:55:19Z 2026-07-16T10:55:19Z Why are parking lots riskier after larger events? Some factors that can increase the chances of an accident include:
  • Drivers rushing to beat the traffic leaving the venue
  • Pedestrians crossing between parked vehicles, where they are difficult to see
  • Reduced visibility after evening events
  • Drivers focusing on exiting the parking lot instead of watching the area around their vehicle
When many of these factors come together, the chances of collision increase.

Steps to take after a parking lot collision

The number one priority in this situation is everyone’s safety. If possible, move the vehicles and relocate them to a safer area away from traffic. Exchange contact and insurance information with the other driver and take photographs of the vehicles, the surrounding area and any visible damage. If anyone has witnessed the accident, obtain their contact information before leaving. Kentucky law requires drivers to report some traffic accidents, including accidents involving injury, death or property damage. Filling out a report when needed can help create an official record of the incident.

Some injuries are not immediately obvious

Immediately after the impact, adrenaline can dull the feeling of pain completely. It is common to have neck pain, back pain, or any other symptoms appear later during the day or a few days after the incident. Similarly, damage hidden beneath a bumper or internal vehicle damage may not show until someone inspects it. Kentucky follows a pure comparative fault system. In some parking lot accidents, more than one person might share responsibility, depending on how the crash happened. Preserving evidence at the scene can make it easier to address questions about fault and insurance if they arise later.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[How do medical records help your motorcycle accident claim?]]> https://www.hfkylawyers.com/?p=56050 2026-07-02T15:32:00Z 2026-07-02T15:32:00Z Medical records help establish a timeline Seeing a doctor right after a motorcycle accident could be crucial, even if you feel completely fine at first. Some injuries may take days to show symptoms. An immediate medical exam might catch these hidden injuries early. It also creates an official record of your condition from the start. When you speak with your doctor, it may be wise to be specific when describing your symptoms, such as explaining that you cannot lift your arm or turn your neck without pain. Clear details could help the doctor document exactly how the injury affects your wellbeing. Furthermore, strictly following your treatment plan and attending all scheduled appointments may help establish a consistent timeline of your recovery. Skipping appointments might cast doubt on the seriousness of your injuries. Meanwhile, consistent medical records could prove that you required ongoing care.

Organized documents provide proof of your expenses

Records could help show how much the crash affects your finances. Your costs may include more than the first emergency room visit. You could also have bills for follow-up care, medication, therapy or travel to appointments. In addition, recovery time may prevent you from earning a living. You may want to keep all crash-related records, such as medical bills, pharmacy receipts and dated photos of visible injuries. If you miss work, payslips or employer records may also help show lost wages.

Accurate evidence prepares you for the next steps

Insurance companies often review medical records. A steady timeline and detailed paperwork may provide clear evidence to show how the crash affected your health and finances. As you move through the process, these records may help to strengthen your claim further.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[How is fault determined after a car accident?]]> https://www.hfkylawyers.com/?p=56049 2026-06-29T22:40:30Z 2026-06-29T22:40:30Z What evidence determines fault? Fault is not based on one person's opinion. Insurance companies, attorneys, and, when necessary, the courts evaluate the available evidence to determine how the collision occurred and who bears legal responsibility. Common types of evidence include:
  • Police accident reports
  • Photographs and videos from the scene
  • Witness statements
  • Vehicle damage
  • Traffic camera or surveillance footage
  • Medical records related to the accident
  • Testimony from accident reconstruction experts, when appropriate
The stronger the evidence, the easier it becomes to establish liability and support your claim.

Kentucky follows a comparative fault system

Kentucky follows a pure comparative fault system, which allows more than one party to share responsibility for a car accident. If you were partially responsible for the crash, you may still recover compensation, but the amount you receive will generally decrease based on your percentage of fault. For example, if another driver failed to yield while you were speeding, both drivers could share responsibility. The court or insurance company will evaluate the facts and assign a percentage of fault to each party.

What should you do after an accident?

The actions you take after a collision can strengthen your claim and preserve important evidence. If possible, you should:
  • Report the accident to law enforcement
  • Seek medical attention promptly
  • Take photographs of the vehicles, roadway, and surrounding conditions
  • Obtain contact information from witnesses
  • Avoid discussing fault at the scene before the investigation is complete
Taking these steps can help protect both your health and your legal claim.

Why legal guidance matters

Insurance companies often conduct their own investigations and may dispute who caused the accident. An experienced personal injury attorney can gather evidence, interview witnesses, consult experts when necessary, and negotiate with insurance companies on your behalf. If you were injured in a car accident in Lexington, speaking with an experienced Kentucky personal injury attorney can help you understand how fault may affect your claim, protect your rights, and pursue the compensation you deserve.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[Can understaffing lead to preventable nursing home injuries?]]> https://www.hfkylawyers.com/?p=56047 2026-06-29T18:05:06Z 2026-06-29T16:49:21Z Common risks of nursing home understaffing When a nursing facility operates with fewer staff members than needed, the staff may have to prioritize emergencies over preventative care. This could lead to situations where essential tasks get skipped. Here are some of the common consequences of understaffing, including:
  • Bedsores: Failing to reposition bedridden residents regularly could cause painful bedsores.
  • Falls: Residents trying to get up on their own could result in severe fractures and even traumatic brain injuries.
  • Medication errors: Overworked staff may administer the wrong medication, miss a dose or delay treatment.
  • Infections: Poorly maintained facilities and unhygienic conditions could invite severe infections like sepsis.
Because many of these issues are preventable, staffing levels often become an important issue when evaluating whether negligence occurred. Nursing homes should maintain sufficient staff to take care of every single resident in their facility. In some circumstances, inadequate staffing levels may be considered evidence of negligence if they contribute to resident injuries.

Can a family take legal action?

If your elderly loved one suffers from a painful bedsore, fall, medication error or sudden illness, negligence in the nursing homes could be to blame. If you suspect understaffing of the institution led to your loved one’s condition, seeking legal guidance from an experienced legal counsel could help protect their rights and guide them to healing and justice.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[5 steps to take after your loved one is injured in a nursing home]]> https://www.hfkylawyers.com/?p=56041 2026-06-16T14:10:18Z 2026-06-16T14:10:18Z 1. Prioritize immediate medical care When your loved one badly needs treatment, it is best not to rely on just the facility’s internal physician. If the injury is serious, call 911 or take your loved one to a doctor or emergency room. An independent medical evaluation ensures they receive proper care while creating an unbiased record of the injuries.

2. Document everything

Take clear photos of the injuries and the environment where the accident occurred, including:
  • Wet floors
  • Broken bed rails
  • Poor lighting
  • Inadequate equipment
Additionally, write down a timeline of events and the names of staff members you spoke with. Keeping this log of information can help support your case.

3. File a formal internal grievance

State laws mandate that nursing homes maintain a formal grievance procedure where you can submit written complaints to the facility administrator. Utilizing this mechanism establishes an existing documentation of the complaint. By doing so, you are creating a record that may prevent the facilities from subsequently asserting a lack of notice regarding the incident.

4. Report the incident to proper authorities

Nursing homes are typically regulated by the state. In addition to an internal report, you should report the accident to the Kentucky Cabinet for Health and Family Services (CHFS). The CHFS is responsible for external investigations of neglect or unsafe condition complaints in the state’s long-term care facilities.

5. Get a lawyer’s help

Nursing home cases are often procedurally and factually complex. Seeking legal guidance at an early stage may assist in preserving key forms of evidence like staffing logs and surveillance footage. Since these documents can bear directly on disputed events and standards of care, compiling them can be vital to the outcome for your claim.

Protecting your loved one’s rights

Your family deserves accountability from the nursing home you trusted with your loved one’s care. If your loved one has been injured, taking these steps can help ensure their safety and protect their right to pursue compensation.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[How does comparative negligence work in Kentucky car crashes?]]> https://www.hfkylawyers.com/?p=56040 2026-06-10T11:59:15Z 2026-06-10T11:59:15Z Understanding the pure comparative negligence system Kentucky uses a pure comparative negligence system. This means that even if you share some responsibility for the accident, you may still be able to recover damages. However, the court will reduce your compensation by your percentage of fault. For example, imagine you were involved in a collision that caused $10,000 in total damages. If courts determine that you were 20% at fault, they will reduce your recovery by that percentage. In this scenario, you could recover $8,000 instead of the full $10,000. This system applies no matter how much fault you share – even if you are 99% responsible for the accident.

How fault is determined

Insurance companies and courts look at the facts to decide who was at fault. They may review police reports, witness statements, traffic camera footage and photos from the crash scene. Courts may also consider whether you or another party violates any traffic laws. For example, running a red light, speeding or failing to yield may increase your share of responsibility for the crash. You should be aware that insurance adjusters may try to assign you a higher percentage of fault than is accurate. This is why documenting everything at the scene becomes so important. Take photographs, gather witness contact information and obtain a copy of the police report. These steps can help support your version of events.

Kentucky's no-fault insurance requirements

Kentucky operates as a choice no-fault state, which adds another layer to car accident claims. Drivers must carry Personal Injury Protection (PIP) coverage, which pays for your medical expenses and lost wages regardless of who caused the accident. Even if you carry standard PIP coverage, you may sue the at-fault driver and use comparative negligence rules once your injuries meet the state's threshold. For example, if your medical bills exceed $1,000 or you suffer a broken bone, you may sue.

What this means for your case

Kentucky follows a pure comparative negligence system, which differs from the approach used in many other states. In those states, an injured party may be barred from recovering damages if their share of fault exceeds a certain threshold, typically 50% or 51%. By contrast, Kentucky allows injured parties to recover damages regardless of their percentage of fault, although their compensation is reduced according to their level of responsibility for the accident. Keep in mind that accepting an initial settlement offer from an insurance company might not be in your best interest. These early offers sometimes fail to account for the full extent of your damages or may unfairly assign you excessive fault.

Protecting your right to recovery after a car accident

Understanding how comparative negligence affects your claim can help you make informed decisions after a car accident. By gathering strong evidence, reviewing your insurance coverage and carefully evaluating any settlement offers, you can better protect your interests and seek financial compensation.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[Can you hold an out-of-state truck company liable in Kentucky?]]> https://www.hfkylawyers.com/?p=56037 2026-06-03T06:56:36Z 2026-06-03T06:56:36Z If the truck company that caused your accident is located outside of Kentucky, you are not alone. Such cases are very common as most trucks travel across state lines. Can you take legal action against that truck company for causing your injuries or damaging your car?

Myth vs. truth

Most people think that if a truck company is located outside of Kentucky, you can’t hold them responsible. But this is not true. Kentucky courts have a special power called the “long-arm law.” This may allow Kentucky courts to exercise jurisdiction over out-of-state individuals or companies. 

Special trucking rules

In addition to state laws, the out-of-state trucks operating in Kentucky should follow strict federal safety rules set by the Federal Motor Carrier Safety Administration (FMCSA). If a truck driver or their employer violates these safety regulations and causes a crash, they can be held liable for the resulting damage.    

Who should you hold accountable?

Many people don’t know that they can hold other companies responsible in a truck accident. The Supreme Court of the United States recently ruled that if a freight broker hires an unsafe trucking company and an accident happens, the broker can be held liable. But brokers aren’t the only ones who might share the blame. Depending on what caused your accident, you may be able to sue:
  • The maintenance contractor: For not fixing the truck’s brakes correctly. 
  • The careless cargo loading company: For packing the truck above the weight limit or in an improper manner. 
  • The parts manufacturer: For manufacturing and distributing defective parts that fail on the highway.
In accident cases involving multiple parties, all of them might have to split the blame and help pay for the accident.   

How can a legal guide help you here?

Truck accident claims often require careful investigation and attention to detail. If you partner with a truck accident attorney, they can help you uncover critical evidence, such as the company’s safety history, driver logs and inspection reports, to help you pursue compensation after a serious accident.  ]]>