Michael L. Hawkins & Associates, P.L.L.C.Frankfort Personal Injury Attorney | Criminal Defense and Family Law2024-02-06T14:58:17Zhttps://www.mlhlawky.com/feed/atom/WordPressOn Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=480082024-02-06T14:58:17Z2024-02-05T19:23:47ZDUI with aggravating circumstances
The Kentucky Office of Highway Safety outlines a list of aggravating circumstances that can enhance DUI penalties. Driving under the influence with a minor in the vehicle is certainly among these circumstances. In such cases, the court may impose a mandatory minimum jail sentence, higher fines and an extended period of license suspension. A first-time DUI offense with aggravating circumstances could entail a fine of up to $500 and 30 days in prison, among other penalties.
Long-term consequences of a DUI
Apart from immediate penalties, a DUI conviction with a minor in the car can have lasting consequences. A conviction may make it difficult to secure employment, as employers often consider a DUI conviction when making hiring decisions. Additionally, the social stigma and strain on personal relationships can persist long after serving any imposed penalties.
The legal system aims to deter individuals from endangering young lives, emphasizing the gravity of the offense through fines, mandatory programs, community service and harsh jail sentences. Facing a DUI with aggravating circumstances can significantly affect your life in both the near term and far into the future, so it is important to spare no effort in defending yourself against such charges.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=480062024-01-30T03:23:30Z2024-01-31T03:22:37ZBreach of duty
The first key element in a wrongful death lawsuit is establishing that the healthcare provider breached their duty of care. This means demonstrating that the medical professional failed to provide treatment at a level considered acceptable within their field.
Causation
This breach must link to the death in question. Connecting the medical professional's negligence to the wrongful death involves illustrating how the breach of duty directly led to the fatal outcome.
Damages
To seek a wrongful death settlement, families must demonstrate they suffered damages as a result of the loss. It is important to showcase tangible losses, such as medical expenses, funeral costs and the economic impact on the family due to the loss of their loved one. However, families may also be able to collect compensation for non-economic damages, such as pain and suffering or loss of companionship.
The legal process serves as a means for families to seek accountability and compensation in the event of a devastating loss due to medical malpractice. Kentucky law acknowledges the importance of holding accountable those responsible for wrongful deaths due to medical negligence to provide families with an opportunity for closure and justice.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=480002023-12-04T19:32:05Z2023-12-04T19:32:05Z1. Maintain open communication channels
Maintaining open and honest communication allows both parties to express their concerns and priorities. By fostering a respectful dialogue, couples can work together to find mutually agreeable solutions, minimizing unnecessary conflicts.
2. Prioritize the children
For couples with children, prioritizing their well-being is necessary. Collaborate on creating a parenting plan that addresses living arrangements, financial responsibilities and much more. A child-centric approach helps shield the kids from the emotional toll of the divorce, promoting stability and a sense of security.
3. Use mediation services
Consider opting for mediation to facilitate constructive conversations and negotiations. A neutral third party can guide discussions, helping couples find common ground without resorting to adversarial tactics. Mediation promotes a more cooperative atmosphere and empowers couples to make decisions together, ultimately reducing the potential for acrimony.
4. Create a comprehensive agreement
Drafting a comprehensive divorce agreement that covers all aspects of the separation can prevent future disputes. Address property division, financial matters and any other relevant issues in detail. A well-defined agreement leaves less room for ambiguity, reducing the likelihood of disagreements down the road.
5. Focus on the future
Kentucky has 3.3 divorces per 1,000 people, and each split is unique. While it is natural to reflect on the past during a divorce, it is equally important to shift focus toward the future. Concentrate on building a new and independent life rather than dwelling on past grievances. This forward-thinking approach can contribute to a more positive and less contentious divorce.
6. Respect boundaries
Establishing and respecting boundaries can maintain a drama-free divorce. Give each other the space needed to process emotions and adjust to the changes.
A drama-free divorce in Kentucky is achievable. By embracing these strategies, couples can navigate the divorce process with greater understanding and cooperation.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479992023-10-27T19:22:40Z2023-10-27T19:22:40ZMinor agitations
Road rage seldom erupts out of thin air. It often begins with a series of seemingly inconsequential events forming a fuse.
A momentary delay at a traffic signal, an abrupt lane change or a perceived act of discourtesy can be the first domino to fall. When left unaddressed, these minor agitations lay the foundation for a volatile mix of frustration and impatience.
Non-verbal exchanges
As tensions simmer, non-verbal exchanges can lead to disgruntled drivers. A disapproving glance, a rude gesture or a honk can intensify the conflict. The anonymity provided by the confines of a vehicle can encourage individuals to express their displeasure without fear of immediate consequences.
Misinterpretation
Road rage often thrives on misinterpretations. Some drivers may see a hurried lane change as a deliberate act of aggression, and others could see a failure to signal as a personal affront. A communication breakdown occurs, leading to an environment ripe for hostility.
Stress and anonymity
The cumulative effect of daily stressors, coupled with relative anonymity in a vehicle, creates a breeding ground for road rage. Individuals may have diminished empathy and amplified frustration.
Breaking point
In this charged atmosphere, any minor incident can cause an explosive climax. The accumulated frustration and perceived slights lead to aggressive driving behaviors, ranging from tailgating to confrontations at traffic stops. This may even culminate in a road rage shooting, with over 550 of those incidents happening in 2022 in America alone.
The seeds of road rage are sown in subtle interactions. Road rage is not an isolated incident but a reflection of a collective need for patience and empathy on the road.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479982023-09-25T17:12:22Z2023-09-25T16:41:53ZUnderstanding a no-contest divorce
The Kentucky divorce rate is a comparatively high 3.3 per 1,000 people. Many of these divorces are the uncontested type.
In a no-contest divorce, both spouses reach an agreement on various divorce-related matters, including these:
Division of Assets and Debts. They decide how to distribute their property and debts fairly
Child Custody and Support. They come to an agreement on custody, visitation and child support
Spousal Support. They may decide whether one spouse will pay spousal support to the other
The parties also complete all the required legal paperwork to formalize their divorce.
Benefits of legal representation
While a no-contest divorce may seem straightforward, there are several reasons why you might still need a lawyer. Legal expertise is one. Attorneys have extensive knowledge of divorce laws in your Kentucky jurisdiction. They can ensure that your case meets all legal requirements, preventing potential complications down the road.
Lawyers can provide impartial advice during an emotionally charged process, helping you make rational decisions that are in your best interests. If the case involves children, a lawyer can help you create a fair and legally binding parenting plan and child support agreement that protects your children's rights and well-being.
Also, divorce involves extensive paperwork. An attorney can assist you in filling out and filing the necessary documents accurately and on time, reducing the risk of errors that could delay the process.
Ensuring a fair division of assets and debts can be complex. Legal counsel can help you negotiate and document this division correctly. If spousal support is a consideration, an attorney can help you determine the appropriate amount and duration based on your specific circumstances.
Even in uncontested divorces, disputes can arise. Lawyers can facilitate discussions to reach mutually acceptable solutions. Overall, having a lawyer ensures that you protect your rights throughout the process and reduce the risk of coercion or manipulation.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479972023-08-02T01:35:09Z2023-08-03T01:34:15ZDocument everything
The more documentation you have of the incident, the better your chances of a successful claim. Gather the owner’s name, the dog’s information and any pictures you can from the scene. If you have any witnesses, get their contact information as well.
Call the police
Call the police after the incident so they can file a formal report. This step also helps to identify the vaccination status of the dog, which matters for your medical care.
Seek medical attention
Medical attention is important after a dog bite. Not only do you need documentation of the injury, but you face infection risks from the bite without proper treatment. If the police determine that there is a rabies risk, you may need a series of shots for rabies prevention as well.
Consider calling an attorney
After the emergent care and reports, you might want to reach out to an attorney who can help you with your claim. Having an attorney to represent you before you call the insurance company can ease your stress and uncertainty.
Proactive response is important following a dog bite, especially when you suffer a significant injury. Documentation from the police and medical professionals supports your claim and helps you get the settlement you deserve.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479962023-07-27T01:02:55Z2023-07-29T01:02:04ZCheck for injuries
The very first thing that you want to do is make sure you and your passengers did not suffer from a major injury. Although many injuries can show up hours or days after an accident, it is important to check everyone over to make certain and move the vehicle to a safer place.
Call 911
Most semi accidents tend to be severe because of their size. The police report and any damages they witness will be in their police report. This is extremely important for insurance purposes.
Even if you do not require immediate medical assistance, request paramedics. It is always best to at least speak with medical personnel after an accident with a semi.
Document everything
As with any car accident, you should document everything, including:
The company the semi belongs to and the insurance information
Names of drivers and witnesses
Photos of both vehicles and the scene
Any notes that you can take while everything is still fresh in your mind
You may also want to take inventory of anything that hurts so you can ask your doctor later.
More semi-trucks are on the road now than in previous years. This increases the chances of being in an accident with one. It is important to be cautious around them.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479952023-05-29T18:50:26Z2023-05-29T18:50:26ZUnderstanding company liability
In an accident with a UPS driver, the company may bear the liability. As the employer, UPS is typically responsible for the actions of its employees while they are performing their jobs. If a UPS driver is at fault for an accident while making deliveries, UPS may be responsible for the damages.
Investigating the accident
After an accident, an investigation typically follows to determine fault. This may involve looking at traffic camera footage, witness statements and the accident report. Evidence such as vehicle damage, skid marks and driver statements can also be important in establishing fault.
Insurance and compensation
UPS vehicles have commercial insurance policies, which usually offer more coverage than personal car insurance policies. If a UPS driver is at fault in an accident, claims for damage, medical bills and other expenses typically go through the company's commercial insurance policy.
Maintaining documentation
Keeping a detailed record of all the facts surrounding the accident is crucial. This includes photographs of the scene, witness statements, police reports and medical reports. It is also important to record any interactions with the UPS driver, the company and their insurance providers.
Even though it may seem intimidating, taking these steps can ensure a fair resolution of the accident and proper compensation for any damages incurred.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=479052023-05-01T20:03:49Z2023-05-01T20:03:49ZDriver fatigue
One of the most significant causes of commercial vehicle accidents involving UPS drivers is driver fatigue. Delivery drivers often work long hours, sometimes driving for more than 12 hours a day. Fatigue can impair a driver's judgment, reaction time and ability to concentrate, increasing the risk of an accident.
Speeding
Speeding is another common cause of commercial vehicle accidents involving UPS drivers. Delivery drivers often feel pressured to meet tight deadlines, which can lead to speeding and other reckless driving behaviors. Speeding can cause drivers to lose control of their vehicles or reduce their reaction time, increasing the risk of an accident.
Distractions
UPS drivers also have to ensure they are delivering their packages to the correct address, which could cause them to take their eyes off the road. Additionally, long work hours and tight deadlines might make it necessary for drivers to eat their lunch while driving, which could take their attention away from their driving.
It's essential for UPS and other delivery companies to prioritize driver safety by providing training on safe driving practices, ensuring that drivers take breaks when needed and avoiding placing undue pressure on drivers to meet unrealistic deadlines. If you're involved in an accident with a commercial vehicle, it's important to seek medical attention immediately.]]>On Behalf of Michael L. Hawkins & Associates, P.L.L.C.https://www.mlhlawky.com/?p=478622023-03-28T13:24:41Z2023-03-28T01:50:03Zdie every hour from unintentional overdoses, and opioid use disorder touches the lives of 25% of Americans. What liability do doctors bear when overprescribing medications?
The 4 Ds of malpractice
A patient can determine whether a malpractice case is valid by considering four principles:
Duty of care: Did the doctor owe the patient a reasonable standard of care by entering a relationship or agreement to provide medical treatment?
Dereliction of duty: Did the doctor make an error or demonstrate negligence that another reasonable professional in the same field would not?
Direct causation: Did the doctor's actions directly lead to the harm a patient suffered?
Damages: Can the patient prove actual damages as a result of the doctor's negligence?
As an example, if a primary care physician knowingly prescribes more painkillers than a patient requires, the person may suffer from health issues or have an accident due to overdosing. The physician is likely liable to cover the cost of resulting damages.
How a malpractice attorney can help
Proving a medical malpractice case may not be straightforward. An injured patient needs to gather substantial evidence to convince the court. Even with the evidence, the legal team of the defendant may have witnesses and testimony to support a defense.
Also, a plaintiff in a malpractice case only has one year to file such claims in Kentucky, meaning a person must act quickly to recover damages. For this reason, the assistance of a malpractice attorney can help a person present a strong argument for maximum compensation.]]>