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Questions Answered by Adam Michael Russell

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Ohio on

Q: I got injured in a car accident in Ohio but I was visiting there from Kentucky. Do I still have to go through court

there or can I file in Lexington?

Adam Michael Russell answered on Dec 27, 2018

The answer is maybe, but it is complicated. There is not enough information to answer. It is important that you hire an attorney who is licensed in both Kentucky and Ohio due to the conflict of laws that arise in this situation. For example, Kentucky insurance policies typically includes PIP... Read more »

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3 Answers | Asked in Personal Injury for Kentucky on

Q: I was hit in Ohio but live in Kentucky. Do I have to sue in Ohio?

Adam Michael Russell answered on Dec 27, 2018

The answer is maybe. You need an attorney who fully understands the laws of both Kentucky and Ohio.

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1 Answer | Asked in Personal Injury for Kentucky on

Q: Does homeowner's insurance cover a dog attack?

Adam Michael Russell answered on Nov 18, 2018

Often, yes. Contact an attorney experienced with dog bite attacks.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on

Q: We was involved in a 6 vehicle wreck on Jello hill but I live in the state of Kentucky where do I need to file a claim

For injuries at.

Adam Michael Russell answered on Nov 18, 2018

The laws of the state where the crash occurred will control, and in most circumstances a court action would be initiated in that jurisdiction. An injury claim should first be filed with the at-fault party or parties insurance carriers. Multi-car crashes can be complicated. Do not speak with any... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Kentucky on

Q: Can a pedestrian be at fault in any way if they are injured by a car?

Adam Michael Russell answered on Aug 23, 2018

I agree with the other answers. There are so many reasons a jury could apportion fault upon a pedestrian. Some examples that come to mind would include jay-walking, darting, or entering the road while staring at a cell phone.

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1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on

Q: How long do you have to file a lawsuit against the other driver in a car accident?

Adam Michael Russell answered on Aug 10, 2018

The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA. There are... Read more »

2 Answers | Asked in Personal Injury for Kentucky on

Q: I got hit and wasn't at fault, but I was drinking and the police did a sobriety test -

- do I have to tell my insurance company?

Adam Michael Russell answered on Jul 27, 2018

Do not provide a statement to (any) insurance company without an attorney.

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1 Answer | Asked in Personal Injury for Kentucky on

Q: My son suffered a solo brain injury while riding a motorcycle

but he wasn't wearing a helmet - is he able to file a claim

Adam Michael Russell answered on May 4, 2018

The short answer is yes, absolutely. Depending on the facts of the accident and your son’s age, there may have been no requirement to wear a helmet.

Whether the law required a helmet in this situation or not, a helmet is not relevant to determining fault for the crash. It may be...
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1 Answer | Asked in Personal Injury for Ohio on

Q: I rented a motorcycle and the brakes failed and I injured myself -

the company says I signed something that I was riding at my own risk - but should they have a responsibility to keep the equipment safe?

Adam Michael Russell answered on Mar 30, 2018

Have an attorney to review the waiver. I suspect the waiver recites the inherent danger of riding a motorcycle, etc. But it could be argued that you did not waive any claim for the negligence of the rental agency. If you can prove that the brakes did in fact fail, and that the failure was the... Read more »

1 Answer | Asked in Personal Injury for Ohio on

Q: Hey I was in a car accident the person that hit my car was chargedwith DUI and driving without licenses

But was never charged for hit my car will i still be able to win this case

Adam Michael Russell answered on Jan 10, 2018

Although criminal charges may be helpful, they are not necessary to recover in a civil case. Contact an attorney to discuss all the facts.

2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Ohio on

Q: Car totaled in accident; not at fault; my license suspended at the time. Will Uninsured Motorist Coverage still cover?

I was at a red light, a driver ran the light, hit another car, which hit me. My car was totaled. The driver of the original car is uninsured and had a suspended license. My license was suspended at the time. Will my Uninsured Motorist Coverage still cover the accident?

Adam Michael Russell answered on Jan 8, 2018

Your policy contract may address a suspended license scenario, and it may or may not be enforceable under these facts. You should speak with and consider hiring an attorney before making any statements.

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1 Answer | Asked in Personal Injury for Kentucky on

Q: Injured riding with dad, other at fault driver had no insurance. Do I have claim under dad’s uninsured coverage

I don’t have an insured car and don’t live with father

Adam Michael Russell answered on Dec 5, 2017

It would appear that you may be covered under your dad's uninsured motorist ("UM") bodily injury coverage - assuming he had UM coverage on his policy at the time of the crash. It will depend on the policy language which may contain certain exclusions. You will also likely be covered for PIP... Read more »

1 Answer | Asked in Car Accidents for Kentucky on

Q: Some one hit my parked car today.i have insurance as do they. I got a police report what do i do next?

The lady who hit my car was being chased by her boyfriend. The police office said they will have to settle there case aginst him befour i can do anything about my car. He said i might have to go thru the boyfriends insurance even tho he didnt hit my car. I dont know where to go from here. That was... Read more »

Adam Michael Russell answered on Dec 2, 2017

File the claim with your own insurance company. Assuming you have the available coverages, your insurance company can repair your car and provide you with a rental so you can get to work and take your children to school. Provide your insurance company with a copy of the police report and they... Read more »

1 Answer | Asked in Personal Injury for Kentucky on

Q: A friend was at my home for a party and slipped on the stairs leading down to the basement. Can he sue me?

Adam Michael Russell answered on Dec 2, 2017

Sure he could sue, but the real question is whether or not he can win. It is difficult to answer that question based on the limited information you have provided. Your friend would have the burden of proving that you were somehow negligent and that your negligence was the cause of his injuries.

2 Answers | Asked in Legal Malpractice for Ohio on

Q: Can I fire my lawyer even though I signed a contract? I was injured in a car accident called a lawyer he presented

Himself like he would be on it. 10 months has passed I've never met him. I have no idea what's going on with the case. When I call a paralegal answers. I feel something isn't right. I've waited 15 days for a return call just to be the paralegal again.

Adam Michael Russell answered on Dec 2, 2017

The short answer is yes. You should be free to choose your attorney. Consult your fee agreement to see if it contains any terms addressing termination of the contract. Is some situations, the attorney may assert an interest in any future recovery for the case under the theory of "quantum meruit"... Read more »

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1 Answer | Asked in Personal Injury for Kentucky on

Q: The lawyer I contacted about my personal injury matter said he worked on a contingent fee basis. What does this mean?

Adam Michael Russell answered on Nov 15, 2017

Contingency fees are very common in personal injury cases, and can range anywhere from 25%-40% of total funds collected depending on a variety of factors. A higher percentage may be justified for a more complex case or a case where fault is questionable.

A contingency fee means that the...
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3 Answers | Asked in Car Accidents and Criminal Law for Ohio on

Q: Got a ticket, failure to control, after an accident. Have video that shows car turned into me. Will case be dismissed?

I was riding a motorcycle in my lane not speeding. Car going slow in right lane changed into my lane and didn't signal. I hit the rear passenger door of vehicle. Totalled my motorcycle and was hospitalized..

Adam Michael Russell answered on Sep 13, 2017

You will need to plead not guilty and dispute your case to avoid both a criminal conviction and to preserve your civil claims for property damage to your motorcycle, medical bills, and pain and suffering. Hire an attorney who can help fight the charge in court.

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2 Answers | Asked in Personal Injury for Ohio on

Q: I went to a rental property and was assaulted by the renter - can I sue her renters's insurance?

Adam Michael Russell answered on Sep 1, 2017

If you decided to file a lawsuit, it would need to be against the renter who assaulted you as the bad actor and as the named defendant. Her insurance policy may or may not cover this type of incident - it depends on the policy language. An assault is usually an intentional act, and most... Read more »

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2 Answers | Asked in Personal Injury, Civil Rights and Sexual Harassment for Kentucky on

Q: Two loss prevention men grabbed my mother and dragged her through a store. Are they allowed to do this?

She was also injured. No females were around her.. I was informed that one female and one male are supposed to approach a woman who they think is shoplifting, is this true? Also, do loss prevention people have to have badges when approaching someone?

Adam Michael Russell answered on Jun 29, 2017

The answer is more complicated than you may think. The key question is whether loss prevention had probable cause to believe that a person has shoplifted. They may then detain that person in reasonable manner for a reasonable amount of time to make a reasonable investigation. See Kentucky Revised... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on

Q: I got a ticket for possesion of a small amount of marijuana in a baggie in kentucky and I live in indiana.

What kind of trouble am I in??

Adam Michael Russell answered on Apr 5, 2011

Possession of Marijuana is currently a class A misdemeanor in Kentucky. Class A misdemeanors are punishable by up to twelve months in jail and up to a $500 fine. Penalties this harsh are uncommon for this offense, however, and will depend upon the facts of your case. The amount of marijuana... Read more »

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