Are there time limits after I’m injured to file a lawsuit?
There’s no general number, but in most cases, you almost always have at least one year to file a lawsuit. This gives you plenty of time to research relevant laws and find a personal injury lawyer, but don’t wait! Certain lawsuits must be filed within this one-year period. The exception to this is if you are suing a government agency.
Because the government gets to write the rules, it’s harder to sue them. In some cases, you have as little as 60 days to file a lawsuit against a government agency.
Why should I hire Morgan, Collins and Yeast?
Our legal team has the experience and resources to settle your case or litigate the matter, depending on what’s in your best interest. We work with medical experts, engineers / investigators and other experts to establish the evidence and the financial impact of your situation to maximize your recovery.
If you, a family member or a friend has been seriously injured or died as a result of someone else’s fault, we can help you get the compensation you deserve.
How much is my personal injury claim worth?
Unfortunately, there’s no magic number. The factors an insurance company or defendant looks at when evaluating your claim are numerous and vary by case. The most common factors used are those that come with a clear dollar value. These include lost wages, medical bills and lost property among others.
Should I sign a release or anything from an insurance company?
Not until consulting with a lawyer first! Most of the time, an insurance company will not pay you without obtaining your signature on a release. But a signed release allows the insurance company to be free from the obligation to pay anything more on your claim. It also prevents you from bringing up a lawsuit in the future.
A good legal team like the attorneys at Morgan, Collins and Yeast should be able to review a release and advise you whether you risk losing any rights by signing it.
The insurance company is offering to settle. Should I accept the money?
Always view offers from an insurance company with suspicion. Remember, insurance companies are in the business of making money. Plus, if it’s not your insurance company, they don’t have your best interests in mind. That means they’ll use every legal trick in the book to force you into a quick settlement – even if it means they don’t play fair.
Contact an experienced legal team like the one at Morgan, Collins and Yeast before you accept any kind of settlement. You may be entitled to more than what the insurance company is offering you.
The insurance company is asking for a recorded statement. Should I give one?
No! Despite what an insurance adjuster may tell you, you are not required to give a statement. Even if the insurance company sends you letters threatening to “close their file” without your statement, you should not give a statement.
Adjusters are trained to conduct interviews and to secure testimony that makes it less likely for their driver to blame. If you give a recorded statement, it can be used as future evidence in a lawsuit.
If I have to pay a lawyer part of my settlement, does that mean I will get less for myself?
No. The job of your lawyer is to maximize the value of your case. It’s commonly known that insurance companies rarely pay anywhere near the full value to injured persons who are not represented by a lawyer.
The legal team at Morgan, Collins and Yeast has a strong reputation, years of experience and access to investigators and expert witnesses to prove your case. We know how to prove an injury. The combination of these factors and our ability to take the responsible party to court is worth hiring us. We will do everything we can to get you the settlement you deserve.
If I’m injured at work, what should I do first?
Immediately report your injury or illness to your employer. You should also immediately seek medical treatment for your injury or illness. Don’t wait to get better!
Once you’ve received proper treatment you should receive a Report of Injury from your employer and obtain a return to work report to give to your employer. Once you have your injury report, contact an experienced law firm like Morgan, Collins and Yeast to start your Workers’ Compensation claim.
Even if you do return to work, you may still have a claim.
Are injuries covered if they appear over time?
For the most part, injuries that occur over time are covered. Good examples include carpel tunnel syndrome and permanent hearing loss. However, you will need medical verification of your injury and its connection to your job. Also, the law recognizes cumulative/repetitive trauma to back and neck.
What are the time limits for filing a claim?
You have up to two years to file a claim. After that two-year window, your chance to file a claim ends.
When should I talk to a lawyer about my industrial injury claim?
The Workers’ Compensation laws are complex and constantly changing. A qualified and experienced Workers’ Compensation attorney can assist you with the process of obtaining benefits and make sure you receive all the benefits you are entitled to under the Kentucky state laws.
If you have questions, never hesitate to contact a qualified Workers’ Compensation attorney at any time during your claim process. A qualified attorney like one from Morgan, Collins and Yeast can often answer your questions during the initial consultation and make recommendations for moving forward.
Before pursuing benefits or if your claim was denied, contact Morgan, Collins and Yeast for the legal help you need.
What if I am never able to return to any type of work because of my injury?
Kentucky law allows permanent total disability benefits if you are unable to return to work.
Can I draw Social Security benefits at the same time as I am drawing my Temporary Total Disability from Workers’ Comp.?
Yes. Between Social Security and Temporary Total Disability benefits, you are entitled to receive no more than 80% of your highest year’s earnings or your time loss compensation or pension rate – whichever is higher.
Social Security will reduce any retroactive benefits based on the wages you were receiving from the Temporary Total Disability. Similarly, the Department will reduce your ongoing benefits based on your Social Security benefits. Applying for Social Security benefits is ideal if you know you will be disabled for at least one year.
Morgan, Collins and Yeast can help you with Workers’ Compensation and Social Security. Call us today if you have questions about either.
Are there other claims that I can bring other than Workers’ Compensation?
Yes. Here are some examples:
- If you were hurt in a work-related automobile accident and the other driver is at fault.
- If your job took you onto some premises other than that of your employer and there was a hidden defect
- If your injury was caused by someone other than a co-worker, or caused by faulty machinery or equipment
If any of the examples apply to your work injury, we may be able to get additional benefits for you.
The good thing about Morgan, Collins and Yeast is that we have attorneys who solely practice in each of these areas, and we work together to get more information.
Call Morgan, Collins and Yeast today to discuss your Workers’ Compensation claim.
Who decides if I am disabled and eligible for benefits?
After a Social Security disability claim is filed, the case is sent to a disability examiner. The examiner makes the initial decision on the claim.
Under the Social Security Act, “disability” is defined as the “inability to take part in any substantial activity by reason of any medical, physical, or mental impairment which can be expected to result in death or has lasted or can last for a period of no more than 12 months.”
My doctor says I am disabled so why is Social Security denying my disability claim?
It is not up to your doctor to determine whether you are disabled. It is up to Social Security to make their own decision regardless of what your doctor thinks.
How long does it take to obtain my disability benefits once a claim for benefits is filed?
Social Security Disability benefits can be paid for one year prior to your application date. Because it may take awhile to get benefits, it is best you apply as soon as it appears your medical problem(s) are going to keep you from working at least one year.
In addition to the time needed to establish your disability, there is a lot of waiting at each stage of the process. Social Security makes its first decision in about four to five months. If you’re denied and appeal, the decision on your appeal is usually made within a matter of weeks. If you win your appeal, the wait to receive benefits usually takes about 18 months from the time you appeal.
Why do I need a lawyer to help me? Why should I hire Morgan, Collins and Yeast?
You can go through the entire process on your own, but statistically, claimants who are represent by an attorney win more often than those who are not represented.
At Morgan, Collins and Yeast, our attorneys have handled thousands of disability cases and have the experience to give you the best chance to win benefits.
How much does it cost to hire Morgan, Collins and Yeast? How can I afford help? What does the attorney get paid?
Federal law regulates attorneys’ fees in Social Security disability cases. So, virtually every disability lawyer works on the same fee basis. The lawyer’s fee is 25% of the past due disability benefits you get. There is no fee if you lose.
If I need to apply, what should I do?
First, you contact Social Security. Second, you will need to provide information on your medical conditions, treatment, medication, and work history. You can apply online at www.ssa.gov, call (800) 772-1213, or visit your local attorney in person.
If I applied but was denied, what should I do?
Now you file a written request for reconsideration within 60 days of the denial notice. After, there are four levels of review: Reconsideration, Hearing, Appeals Council, and Federal Court.
What is the difference between a lawyer and non-attorney advocate?
Here are a few reasons why choosing a Social Security attorney is a better option than hiring a non-attorney advocate:
A Social Security Disability attorney with an experienced legal background gives you the best representation when your case goes before an Administrative Law Judge. With a disability attorney, you pay no fees unless you win your case. Disability attorneys (like the ones at Morgan, Collins and Yeast) have spent years representing disabled workers and speaking for them. A disability attorney can save you hours of time and stress by preparing your case before your hearing. The attorneys at Morgan, Collins and Yeast will meet with you before your case. Some representatives will meet you for the first time at your hearing. A Social Security Disability attorney can boost your chances of winning your claim by helping you gather evidence, track down medical records and help complete any paperwork required.
Is Morgan, Collins and Yeast very experienced in Social Security Disability?
Yes. Our attorneys have handled thousands of Social Security Disability cases throughout Kentucky. We have the experience to give you the best chance to win the benefits you need.
How long do I have to wait after becoming disabled before I can file for Social Security Disability benefits?
You can file for Social Security disability benefits as soon as you become disabled. Anyone who suffers a serious illness or injury and is expected to be out of work for a year or more, should not delay in filing a claim for Social Security Disability benefits.