Friday, September 11, 2015

Kentucky Lawmakers Consider “Accident Solicitation Law”

What is the best way to choose a personal injury attorney after an accident?

Unfortunately for exemplary personal injury practitioners, a few overly zealous advocates – known to harass and intrude on victims immediately after an accident – have left a cloud of suspicion over the injury-compensation realm as a whole. As a result, the Kentucky legislature has passed a series of laws known as the “New Solicitation Statute” making it illegal to contact accident victims within a certain number of days after the incident occurs.

Under the law, attorneys and doctors are also prohibited from encouraging victims to file “phony or inflated” medical claims – a trend that has become more prevalent since residents began carrying Personal Injury Protection (PIP) benefits. Lawmakers became aware that, notwithstanding the existence of a PIP plan to help offset the costs of a personal injury, victims were being left penniless after paying the doctors and lawyers eager to get involved with their cases.

As state lawmaker Rep. Jim Gooch has stated, “If a provider uses all of the [PIP] money early, then the victim doesn’t have any left for loss of wages, etc., and people need those additional dollars for other things than medical bills…”

When it comes to selecting a personal injury attorney to handle an accident case, reputation is key. It is of great important that the lawyer in question has demonstrated an ongoing focus on, and dedication to, his or her clients. To avoid some of the obstacles associated with representation like feels more like victimization, the following red flags should be noted:

  • Inappropriate or harassing solicitation, even after the 30-day deadline
  • An office that appears overwhelmingly busy, as evidenced by difficulty getting an appointment or difficulty reaching an attorney in a timely fashion
  • Guidance of the accident victim toward one particular medical provider
  • Inflated exaggeration of claims, false promises, or misrepresentations

If you have recently been injured and would like to speak to an authentic and trustworthy legal advocate, please contact the Law Office of Flora Templeton Stuart. Serving personal injury clients throughout Kentucky, we can be reached at 1.888.782.9090.