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Areas of Practice
Business litigation law involves disputes arising out of business and commercial related transactions of a non-criminal nature. Business litigation includes the following types of issues, for example:
- Breach of Contract
- Fraud Disputes
- Breach of Fiduciary Duty
- Non-Compete Issues
- Intellectual Property Disputes
- Insurance Coverage Disputes
Business litigation law can arise in numerous scenarios, involving a myriad of different types of legal issues. Additionally, business litigation can span across all industries. Therefore, businesses and individuals anticipating involvement in business litigation should seek the advice of litigation counsel experienced in business law.
Personal injury law is an area of Kentucky law that is designed to compensate an individual for the injuries they have suffered as a result of another person’s negligent or reckless actions.
For example, a driver who is texting on the road and collides into a bicyclist may be liable to the bicyclist for any damages he sustained. We commonly see personal injury occur as a result of the following:
- Car Accidents
- Truck Accidents
- Bike Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Nursing Home Abuse
- Medical Malpractice
- Defective Products
The statute of limitations that will apply to many Kentucky personal injury lawsuits can be found at Kentucky Revised Statutes section 413.140(1)(a). This law gives you one year to turn to the state’s civil court when you’re seeking a civil remedy (damages) after most injuries caused by someone else. This one-year deadline applies equally to personal injury cases governed by the liability principle of “negligence” (which applies to claims filed after a slip and fall incident, and other mishaps) and those considered “intentional torts” (such as civil lawsuits over an assault). And for purposes of this one-year deadline, the “clock” starts running on the date of the underlying accident or incident.
In a standard no-fault car insurance claim, you turn to the “personal injury protection” provisions of your own car insurance coverage after an accident, regardless of who was at fault. But in Kentucky, as in every no-fault state, the nature and extent of your injuries can sometimes let you step outside the no-fault system and file a lawsuit against the at-fault driver. In this situation, Kentucky Revised Statutes section 304.39-230 gives you two years to get your car accident injury lawsuit filed in the state’s courts, and the two-year “clock” starts on the date of the car accident, or the date you received your last “personal injury protection” car insurance claim payment, whichever occurs later.
Each relationship is unique. As a result, we understand that there is no such thing as a one size fits all approach to marital contracts. We use a fresh and effective approach to craft and negotiate prenuptial, postnuptial and cohabitation agreements that can save you a considerable amount of time, stress, and money, in the event your relationship dissolves.
Divorce is stressful. Our goal is to minimize the cost and disruption to your life. We respect the legal system but trust there are sometimes better and more streamlined ways to resolve domestic issues. You can count on us as well respected, experienced problem solvers, to strategize and implement a solution that protects your marital and parental rights.
As parents first, we understand that the number one priority is your kids. When it comes to your children, their best interests need to come above all else. We guide you through your most significant family transitions, taking pride in providing child custody, child support, parentage, third parent and LGBT services that meet the needs of all families.
One of the most rampant problems plaguing families today is substance abuse. Drug and alcohol addiction are serious illnesses that can affect a person’s physical health, personal relationships, and overall well-being. If you, your spouse, or another family member is a substance abuser, seek help and guidance for both yourself and your loved ones. Whether you are seeking protection from physical abuse stemming from substance abuse or you are filing for divorce, Purdy Law is here to help.
In many cases where substance abuse is known or suspected, the court can order a party to undergo testing for drug or alcohol abuse. A screening can determine the presence and extent of abuse, which will inform the court’s decisions regarding child custody, visitation, and other important family matters. The screening results will also help formulate treatment recommendations. Keep in mind that these drug testing and alcohol abuse screening results cannot be the only factor in a court’s custody or visitation decision – the court must consider other factors as well as the child’s best interests.
An employment relationship is one of the most important relationships we experience. When a dispute arises at work, employees often have inaccurate or incomplete information. Lawyers who represent individuals in employment disputes help employees either by counseling them through an existing employment situation or, more often, assessing the individual’s rights after they have experienced some adverse employment action such as discrimination, demotion, termination and wrongful discharge, retaliation, or unlawful harassment.
There are a number of state and federal laws under which claims may exist for employees. Unlawful actions on the part of the employer include discrimination or harassment based on some protected status (for example, race, sex, age, national origin, or disability), or retaliation for having raised concerns about discrimination or harassment. Employers also may be held accountable when they violate the Family Medical Leave Act or when they do not pay wages in accordance with state and federal laws that govern overtime compensation and minimum wages. Employees who experience retaliation for raising concerns about illegal conduct on the part of their employers also may bring suit under a number of state and federal whistleblower laws.
Increasingly, employees are subject to restrictions on ability to work elsewhere either through enforcement of non-compete agreements or by employer allegations of a violation of trade secret laws. An employee needs competent and experienced counsel under these circumstances to help protect intellectual property of the employee and to assist them in lawfully transitioning to a new employment relationship.
Lawyers representing employees in this practice area often represent employees before administrative agencies, like the EEOC. However, litigation is often necessary to enforce the employee’s rights and to recover adequate damages. Litigation in this area can be very involved and intense.
This is a highly specialized area of the law, and experience representing employees is critical. A lawyer representing individuals in this type of dispute should have wide-ranging knowledge of the complexities of the various employment laws and available claims. It is also imperative that the lawyer appreciates the magnitude of the situation, both financial and emotional. Employees that seek attorneys with this experience and comprehension will benefit from sound and efficient representation in what may evolve from a claim to a costly, sensitive, and complex dispute.
If you have been cited, fined, want to sue your homeowners’ association or your homeowners’ association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws. The attorney can advise you of your legal rights and responsibilities and represent you in negotiations with your HOA or defend you in court.
Common Disputes Against HOA’s
The following are matters that can result in disputes against HOA’s for not taking care of obligations regarding:
- Changes to HOA rules and regulations
- Open area spaces and blocking views
- Landscape issues
- Failure to maintain common areas
- Breach of agreements with neighbors
- Property encroachments of decks, fences, trees or room additions
- Noise and disturbances; barking dogs, loud music, etc.
- Enforcement of association governing documents
Common Disputes by HOA’s against Homeowners
The following are common HOA disputes that occur between HOA’s and homeowners:
- Failing to pay HOA dues or assessments on time
- Not maintaining your home in accordance with the
- Parking in authorized areas
- Violating use and zoning ordinances
- Ban on certain types, sizes, and number of pets
Being a member of a homeowners’ association isn’t for everybody. So before you buy a property in a planned community, you should read their CC&R’s, and find out if there are any lawsuits between homeowners and the association. If there are, you should investigate how many and the nature to determine if you really want to live in that community.
How Associations Work?
The association is a governing body that runs your planned community or condominium building. The association has a board of directors. Residents are elected to serve in positions such as President, Secretary, and Chief Financial Offer or Treasurer. The association’s bylaws and CC&R’s set forth the rules and regulations. The association documents must comply with state and local laws. The association receives funds from the homeowners in the form of dues, fines, penalties, interest, and assessments. Some associations are stricter in enforcing rules and regulations than others. Associations conduct meetings, vote on matters, and have the responsibility of maintaining the common area grounds and amenities. Generally, before your association can fine you, you are given an opportunity to defend yourself in a hearing or meeting. Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.
Complaints About Associations
People who live in communities governed by associations frequently complain about the fact that the board of directors does not follow through on comments and complaints made by the homeowners that they represent. Other big complaints are mismanagement of HOA funds and lack of enforcement of common area rules and regulations. By hiring an HOA lawyer, you have the ability to fight back against injustice and unfair treatment. Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA’s have responsibilities to maintain the common areas of your community and make repairs, but they don’t have the right to infringe on your freedom and personal life.
The term “insurance law” encompasses a very broad range of services that law firms provide to clients in connection with insurance coverage disputes and other insurance-related matters. Clients include individual and corporate policyholders, insurance companies, reinsurers, and brokers. Due to potential conflicts, firms with substantial insurance law practices often represent either the insurer side or the policyholder side, but not both.
Insurance programs sold to and purchased by corporate policyholders typically include several layers of insurance, with a primary insurance policy that often sits above a deductible (or self-insured retention) and with multiple layers of excess policies sitting above the primary policy. Large claims can often implicate coverage under dozens of policies sometimes spanning years or decades. In contrast, individual policyholders typically purchase life insurance, health insurance, disability and/or long-term care insurance, homeowners or renters insurance, automobile insurance, and sometimes specialty insurance, such as coverage for jewelry or works of art, travel insurance, etc.
Purdy Law provides clients with insurance coverage counseling and advice on a wide array of issues, ranging from assessments of coverage for particular losses and representation in coverage disputes to providing help with assembling a coverage portfolio and formulating favorable policy language when insurance is being purchased or renewed. We also advise clients regarding the insurance assets being transferred in corporate transactions, with tax planning in connection with insurance payments or recoveries, and with alternative underwriting programs, such as captive insurance entities.
Every state has enacted laws to provide benefits to workers injured in the course and scope of their employment. In exchange for giving up the right to sue, an employee’s injury is compensated according to a benefit schedule adopted by the workers’ compensation law. Kentucky workers’ compensation laws require a portion of lost wages and medical expenses be paid in a prompt fashion. The purpose behind the legislation is to ensure that injured workers and employers are not required to resort to the civil justice system in order to obtain compensation. Employers are not faced with payment of claims for pain and suffering and possible punitive damages. Employees, on the other hand, are not required to prove negligence and are not precluded from recovering because of the defenses of contributory negligence and/or assumption of the risk. Because the benefits that are available are limited, the workers’ compensation legislation generally provides for a “no fault” system.
It is imperative that the injured worker consult with an attorney with special expertise in the area of workers’ compensation law. An attorney can assist the employee in insuring that the benefit rate is properly calculated; that appropriate medical treatment is being provided; and the rights of the injured worker are protected. Counsel also will be invaluable in ensuring that workers’ compensation benefits are coordinated with other available benefit programs. For example, workers’ compensation benefits may be received along with Social Security Disability Insurance benefits; in certain circumstances benefits may be available under the injured worker’s automobile insurance policy; workers’ compensation benefits need to be coordinated with unemployment compensation benefits and various non-workers’ compensation programs that are available through the employer or by law.
Despite the laudatory nature of workers’ compensation programs, employers and insurance carriers avail themselves of the legal means by which to reduce benefits that are otherwise payable. As a result, counsel should be retained as soon as possible during the process to ensure the proper payment of benefits and to avoid litigation. Counsel also can be invaluable in negotiating a compromise of the workers’ compensation claim in the appropriate circumstances. With the assistance of an attorney, the injured worker will be able to obtain all available benefits in an effort to maximize recovery. In this manner, the injured worker and the injured worker’s family will be best protected.Kentu
Trust and estate attorneys help clients plan for the efficient and effective transfer of assets to spouses, to younger generation family members, to other persons clients wish to benefit, and to charities. The practice involves the preparation of trust agreements, wills, powers of attorney, medical directives, and closely held business structures, including partnerships, limited liability companies, and corporations.
What are the Trusts and Estates Practices Focal Points?
When attorneys begin the planning process, they consider your objectives, your family relationships, charitable inclinations, and the relationship of federal and state estate tax, gift tax, and generation skipping transfer tax laws to these objectives. Attorneys then work with you and, in some cases, with other advisers to design the appropriate plan to meet your goals and objectives, prepare the necessary documents to carry out the desired plan, and assist with the implementation of your plan. In connection with family wealth planning, attorneys plan and draft trust agreements and wills, create various business entities, and carry out business reorganizations.
Trust and estate attorneys also handle the administration of estates. Attorneys confer with members of a decedent’s family on the various issues, including:
- Assistance to the executor with the preparation of the required probate documents and assist in valuation of estate assets
- Making insurance claims
- Preparation of final income tax returns and the estate’s income and federal and state estate tax returns
- Monitoring of the investment of the estate’s assets
- Arranging for the distribution of the estate’s net assets
- Throughout the administration of an estate, consideration is given to income tax savings through the timing of distributions and the timing and claiming of appropriate deductions.
In the trust administration area, attorneys advise and consult with corporate and individual trustees concerning the discharge of the trust’s terms and consult with beneficiaries concerning trust administration matters including the preparation of trust accounts.
Trust and Estate attorneys also assist clients in all phases of probate and trust litigation. This may involve construing or reforming the terms of a will or trust, prosecuting or defending a will contest action or surcharge actions against trustees.
What is a Trusts and Estates attorneys goal for its clients?
The goal of an trust and estate attorney is to assist clients to achieve their personal goals while obtaining the significant tax savings which may be available to them through proper planning. Attorneys in the practice spend a significant amount of time dealing with the federal estate, gift, and generation skipping tax issues involved in transfer planning.