Hicks & Funfsinn, PLLC Hicks & Funfsinn, PLLC 2026-09-16T05:24:28Z 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[Can you be sued if someone drinks at your house and crashes?]]> https://www.hfkylawyers.com/?p=56100 2026-09-14T11:47:53Z 2026-09-14T11:47:53Z What does Kentucky law say about social hosts? In most cases, Kentucky does not hold a social host liable when an adult guest drinks at the host’s home and later causes a crash. The main responsibility usually falls on the person who chose to drink and drive. Kentucky's dram shop statute applies to commercial vendors such as bars and restaurants. It does not extend the same liability framework to private social hosts, which is why the rules for homeowners differ from those for licensed alcohol sellers. That said, the facts still matter. Liability questions can change depending on who served the alcohol and what they knew at the time.

Are there any exceptions to this rule?

One important exception involves underage drinking. If a host serves alcohol to someone under 21, that can create legal risk if the minor later causes a crash. That issue can come up even at a private home. Parents who allow underage drinking at a party may face serious legal exposure. The guest’s age can change how the law looks at the situation.

How can you reduce risk when hosting?

You can reduce risk by taking a few basic steps:
  • Do not serve alcohol to anyone under 21
  • Offer food and nonalcoholic drinks throughout the event
  • Watch for guests who may have had too much to drink
  • Help arrange a safe ride home if needed
These steps do not remove every risk, but they may help show that you acted responsibly.

What should you know about your legal position?

If you are unsure how Kentucky law applies to your situation, a Kentucky attorney can review the facts and explain your options. Taking proactive precautions can help ensure your gatherings remain safe while minimizing your legal exposure under Kentucky law.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[How to handle medical bills and liens after a car accident]]> https://www.hfkylawyers.com/?p=56096 2026-09-07T18:07:43Z 2026-09-07T15:45:20Z Understanding PIP coverage in Kentucky Kentucky requires most drivers to carry personal injury protection, commonly known as PIP. PIP provides up to $10,000 in coverage for medical expenses, lost wages and related costs. This coverage applies regardless of who caused the accident.

How PIP coordination works

PIP coordination refers to how your PIP benefits work alongside other insurance coverage you carry. When you have both PIP and health insurance, providers and insurers need to know which one pays first. In Kentucky, PIP takes priority over health insurance. However, Kentucky also gives drivers the option to reject PIP coverage entirely. If you chose that option before your accident, the payment order changes completely. Mishandling this sequence can lead to billing errors, delayed payments or gaps in coverage.

How subrogation can reduce your settlement

Even after your health insurer steps in and pays your medical bills, it may have the legal right to seek repayment from your settlement. The law calls this process subrogation. This is when an insurer wants reimbursement once you recover money from the at-fault driver.

When providers secure repayment through medical liens

Beyond subrogation, healthcare providers can also place a direct claim on your settlement. This claim is called a medical lien. Hospitals and doctors use liens to secure repayment for services they provided after your accident. Unlike subrogation, a lien comes from the provider directly rather than your insurer.

Practical tips for keeping your bills organized

Medical expenses can pile up quickly after an accident. Keeping these documents organized can make it easier to provide accurate information to the insurance company. Consider the following steps:
  • Save every medical bill, receipt and Explanation of Benefits (EOB)
  • Maintain a dated log of all medical visits and treatments
  • Track all out-of-pocket costs in one place
  • Keep a record of any communications with insurance companies
Keeping everything together also gives you a clear record of the costs associated with your injury. If you need to dispute a bill or address a lien against your settlement, these records can help you determine what was paid and what may need to be resolved before your case is settled.

Making sense of your medical expenses

After a car accident, there may be more to your medical expenses than the bills you receive in the mail. The good news is that a little organization can make a big difference. Keep your records together, review your expenses regularly and ask questions when something does not make sense.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[What if the other driver says you caused the accident?]]> https://www.hfkylawyers.com/?p=56095 2026-09-03T17:54:49Z 2026-09-03T17:54:49Z How fault gets investigated and how blame-shifting works After an accident, insurance adjusters don't simply take either driver's word as truth. They launch investigations that examine police reports, witness statements and physical evidence from the scene. But before any formal investigation begins, the other driver may try to shift responsibility your way. Common blame-shifting tactics include claiming you were speeding, using your phone or changing lanes without warning. Some drivers even change their story days after the crash once they realize admitting fault affects their rates. These claims may look minor in the moment, but they can influence how adjusters evaluate the crash and reduce or deny your claim entirely.

Evidence that proves what actually happened

Strong evidence cuts through conflicting stories when blame-shifting happens. Below are five things you’ll want to gather and preserve as soon as you can:
  • Dashcam footage: Captures the moments before, during and after the crash from your perspective
  • Traffic and security camera footage: Nearby cameras may have recorded the collision from a different angle
  • Witness statements: Independent accounts carry significant weight in fault disputes
  • Police report: Documents the officer's findings and any citations from the scene
  • Scene photos: Vehicle positions, road conditions and damage patterns all help establish what happened
This evidence creates a factual foundation that protects you from false accusations.

Why accepting blame destroys your injury claim

Kentucky follows a comparative fault system, meaning your compensation decreases by whatever percentage of fault the court assigns to you. If the other driver successfully shifts even partial blame your way, you may recover significantly less. If you get 30% of the blame, you lose 30% of your potential recovery. Protecting your right to fair compensation starts with refusing to accept blame you don't deserve.

Stand firm and protect your rights

Recognizing blame-shifting early gives you the chance to counter it before it gains traction. Staying silent or going along with the other driver's account compounds the injuries you already endure with financial stress and denied justice. An experienced attorney knows these blame-shifting tactics inside and out. Working with one early on helps you build your evidence file and ensures no one manipulates the facts to avoid responsibility.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[What evidence may show a bar overserved someone?]]> https://www.hfkylawyers.com/?p=56094 2026-09-03T14:20:45Z 2026-09-03T14:20:45Z Evidence that can show overservice Kentucky generally limits the liability of licensed alcohol sellers and servers for injuries caused by an intoxicated person. An exception may apply when a reasonable person under the same or similar circumstances should have known the person was already intoxicated when served. That makes evidence showing the person’s condition when they were served especially important. Useful evidence may include:
  • Witness statements: Bartenders, servers and other customers may remember slurred speech, trouble walking, loud behavior or other clear signs of intoxication.
  • Security video: Bar cameras may show how the person acted before leaving. Video can also show how staff interacted with the customer.
  • Receipts and sales records: These records can help establish what alcohol was purchased and when.
  • Bar staff records: Employee schedules can help identify which workers served the customer.
  • Police and medical records: Crash reports, field sobriety results, blood tests and medical records may help establish the driver's condition after leaving the bar.
  • Cellphone or location records: These records may show where the driver was before the crash and how long they stayed at a particular location to establish the timeline.
Together, these records may help establish what happened before the crash. No single piece of evidence may tell the whole story. Taken together, records, video and witness accounts can help show whether the driver appeared intoxicated and whether the bar continued serving them.

Why timing matters

Evidence must help connect the driver's condition to what happened at the bar. A high alcohol level after a crash does not, by itself, prove which seller or server provided the alcohol or whether the driver was already intoxicated. Evidence from before the crash can help fill that gap. Witnesses, video and purchase records may show what happened inside the bar and whether staff had reason to recognize that the person was already intoxicated.]]> On Behalf of Hicks & Funfsinn, PLLC <![CDATA[Can more than one trucking company be at fault for an accident?]]> https://www.hfkylawyers.com/?p=56075 2026-08-16T13:24:52Z 2026-08-16T13:24:52Z How different companies share the blame A few different trucking-related businesses might be responsible for a single accident depending on what caused it:
  • Trucking companies and independent drivers: Under trucking rules and Kentucky law, if a big trucking company hires an independent driver, both the company and the truck owner may share the legal blame.
  • Shipping brokers: If a broker is careless and hires a trucking company with a known history of safety problems, courts may hold the broker responsible along with the carrier.
  • Loading companies: If loaders fail to tie down cargo properly or load it too heavily, it can cause a semi truck to lose control. In these cases, the company that loaded the truck might share the fault.
  • Repair shops: If broken parts, such as bad brakes or a blown tire, cause a crash, an independent repair shop might share the blame for poor work.

How Kentucky law splits the blame

In Kentucky, if multiple parties are at fault for an accident, the court assigns a percentage of blame to each one. Under the state’s "several liability" rule, each company is only responsible for paying the portion of damages that matches their assigned share of the fault.

Getting help after a truck accident

Because Kentucky limits each company's payment to its share of the blame, you should identify every responsible party to recover the compensation you need. If a truck accident injures you, a skilled attorney could help protect your rights and fight for the available compensation.]]> 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.]]>