Nathan D. Williams, Attorney at LawNathan D. Williams, Attorney at Law2026-08-30T18:06:51Zhttps://www.thekylawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1304288/2025/10/cropped-nathan-icon-32x32.jpgOn Behalf of Nathan D. Williams, Attorney At Law<![CDATA[How a personal injury affects your ability to care for your child]]>https://www.thekylawyer.com/?p=465792026-08-30T18:06:51Z2026-08-30T18:06:51ZHow an injury can affect daily parenting
A serious injury can change the way a family’s daily structure. Simple routines may become harder when a parent is in pain or needs help during recovery.
Severe injuries can make it hard to lift young children, drive, cook or do chores.
Families may need to pay for childcare, transportation or other help.
Children may feel stress when a parent is in pain or less available.
These changes can affect both the parent and the child. They can also add to the financial burden during recovery.
What Kentucky law may allow
Depending on the facts, out-of-pocket childcare costs may be recoverable as economic damages. That can include money spent on daycare, rides or other care needed because of the injury.
Kentucky personal injury law may also allow claims for loss of consortium – compensation for the impact an injury has on family relationships and the support, companionship or care that a parent or spouse can no longer provide. Some claims may be limited by the type of case and the facts involved. Temporary physical limits do not automatically change custody rights, but a court may still look at whether the parent can safely meet the child’s needs.
Steps to take after a parenting-related injury in Kentucky
If an injury has made parenting harder, keep records of the extra costs and care you need. Because Kentucky’s statute of limitations for personal injury claims is generally one year from the date of the injury. Missing this deadline can bar the claim entirely, making prompt action important. A Kentucky personal injury attorney can explain what may be recoverable and help you understand the next step.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Should a married couple have separate wills?]]>https://www.thekylawyer.com/?p=465782026-08-18T14:00:36Z2026-08-18T14:00:36ZHow joint wills work
A joint will is one single document signed by both spouses. It usually leaves all property to the living spouse first. After the second spouse dies, the remaining assets go to secondary beneficiaries, like their children.
Under Kentucky law, a joint will is not automatically permanent. For a joint will to stay locked after the first spouse dies, the document must include clear written agreement terms. If this contract is in place, the living spouse cannot change the will later; even if their health, finances or family relationships change. If there is no written contract, either spouse or the survivor can still change or cancel their part of the plan.
How separate wills work
With separate wills, each spouse fills out their own individual document. Spouses who want matching plans often use mirror wills. These are two separate documents that copy each other's terms.
Because these documents are separate, the living spouse keeps total legal control over their own will. They can update or rewrite it at any time to adjust for life changes, like remarriage, new grandchildren or healthcare costs. However, this flexibility also means the surviving spouse could choose to change who receives the estate later on.
Protecting what matters most
Every family dynamic is unique, and the right approach depends on your shared goals, property structure and long-term vision for your loved ones. Understanding state inheritance laws and statutory requirements can feel complex, but you do not have to figure it out alone. Reaching out to an experienced local estate planning attorney could help ensure your wishes are legally sound, clearly documented and tailored to protect your family's future.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[6 steps to immediately take after a dooring accident in Kentucky]]>https://www.thekylawyer.com/?p=465772026-08-12T09:26:43Z2026-08-12T09:26:43ZRiding through Kentucky roads feels freeing until a car door suddenly swings open right in your path. Unfortunately, a dooring accident happens in an instant and can leave you shaken, injured and unsure of what comes next.
The good news is that taking the right steps quickly can protect your health and preserve your legal rights. But before you can do that, it helps to understand exactly what a dooring accident is.
What is a dooring accident?
A dooring accident happens when someone inside a parked vehicle swings open a car door without checking for approaching riders, putting a passing motorcyclist directly in harm's way.The impact can usually result in broken bones, head injuries and serious damage to your motorcycle. In Kentucky, the law often holds the person who opened the door at fault. Thus, knowing who is responsible matters when you decide to file an insurance claim or seek compensation.
Six steps to take after a dooring crash
Now that you understand what a dooring accident is, knowing what to do next can help you stay informed and prepared as you take your next steps. Here are six steps you should take right after a dooring accident in Kentucky:
Move to safety: Get out of active traffic if you can move and keep your protective gear on until help arrives unless you are in immediate danger.
Document everything: Take clear photos of the open door, your motorcycle's position, the street layout, traffic signs and any visible injuries.
Report the accident: Call the police and request emergency medical responders, as an official police report creates an important legal record under Kentucky law.
Get a medical evaluation: See a doctor right away even if you feel fine, because adrenaline can hide serious injuries like severe road rash, concussions or internal bleeding.
Keep all your records: Save every medical bill, discharge instruction and treatment note to directly connect your injuries to the dooring crash.
Contact your insurance provider: Notify your insurance company with basic facts but avoid giving detailed recorded statements or admitting fault before speaking with a legal professional.
Taking these steps right after the accident helps protect both your health and your legal rights. As you consider what comes next, having the right information and evidence on hand can help guide your decisions going forward.
Protect your rights on Kentucky roads
Dooring accidents can cause serious harm and they can happen to any rider on Kentucky roads. Acting quickly helps you stay safe and keeps important evidence intact. As you navigate the steps that follow, knowing your rights and having the right people in your corner can make a meaningful difference in how you move forward after an accident like this.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[What records can help prove nursing home neglect in Kentucky?]]>https://www.thekylawyer.com/?p=465502026-07-23T11:37:56Z2026-07-23T11:37:56Z1. Medication records
These records show which medications staff gave, the dosage and when they administered them. Missing entries, delayed doses or other inconsistencies may raise questions about whether staff followed medication orders.
2. Nursing notes, MDS assessments and daily care logs
Nursing notes document changes in your loved one’s condition. The Minimum Data Set (MDS), a federally required resident assessment, tracks health conditions and functional abilities. Daily care logs can also show how much help your loved one received with activities of daily living, such as eating, dressing, using the toilet or moving around.
3. Care plans and doctor’s orders
A care plan outlines the services and assistance your loved one should receive. Comparing that plan with doctor’s orders and nursing notes may help reveal whether staff followed those instructions.
4. Incident and accident reports
Kentucky nursing homes must document certain accidents, medication errors and other incidents. These reports may provide important details about what happened, who responded and what steps staff took afterward.
5. Inspection and staffing information
Kentucky publishes inspection findings for certified nursing homes. Medicare’s Care Compare website also provides information about inspections, staffing, quality measures and certain penalties.
Compare the records to see the bigger picture
One document may not explain everything. Still, comparing medical records, care plans, incident reports and public inspection information may reveal gaps or conflicting information. Keeping copies of available records can help you better understand what happened and identify questions that may need further attention. If the documentation suggests that inadequate care harmed your loved one, learning about your legal options can help you understand whether compensation may be available.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Why are teen car accidents more common in the summer?]]>https://www.thekylawyer.com/?p=465482026-07-21T16:56:51Z2026-07-21T16:56:51ZWhen you look at statistics for serious car accidents, you find an interesting trend regarding teen drivers. Over the summer, the number of fatal accidents they are involved in tends to go up. Many people call the summer months some of the deadliest for young drivers, where they face an elevated level of risk compared to what they see during the school year.The main reason for this increase, though, is not necessarily that anything changes with the way that teens drive during the summer. They already have the highest fatal accident rate of any age group, and that is true all year round.In the summer months, however, teenagers do have more free time. They are not occupied with school, so that naturally leads to an increase in driving. As they cover more miles and spend more time on the road, they are going to be involved in more car accidents along the way.
Can you protect yourself?
Even if you are not a teenager, you do face some of these risks. You could certainly be injured in an accident that a young driver causes.There is no guaranteed way to protect yourself, but it can help to be a defensive driver. Understand that the risks are greater for roughly 100 days over the summer. Keep a close eye on the drivers around you, especially if they seem young. Look for key mistakes, such as speeding, tailgating or distracted driving. Take steps to distance yourself from dangerous drivers and focus on your own safety above all else.Even if you do this, though, you could be injured if someone else causes an accident. That is when you need to know exactly how to seek financial compensation.
]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Determining trustee compensation in Kentucky]]>https://www.thekylawyer.com/?p=465462026-07-04T23:03:12Z2026-07-04T23:03:12Zincluded in the trust document. It could be a specific fee paid on a regular basis, a percentage of the trust’s value or based on the hours spent on trustee duties.
What does the law say?
If the grantor doesn’t address trustee compensation in their documents, trustees are paid according to Kentucky state law. It simply states that a trustee “is entitled to compensation that is reasonable under the circumstances….”
If the trustee believes they deserve more compensation than the grantor or the court designated initially, they can seek a modification. The law allows modification if one or both of the following is the case:
“The duties of the trustee are substantially different from those contemplated when the trust was created.”
“The compensation specified by the terms of the trust would be unreasonably low or high.”
If you’re creating a trust, it’s wise to establish the amount and payment details of the trustee’s compensation and include them in the document. Having experienced estate planning guidance can help you determine fair compensation arrangements accordingly.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Can you recover damages for a slip-and-fall in a public area?]]>https://www.thekylawyer.com/?p=465442026-07-02T10:44:00Z2026-07-02T10:43:12ZWhen public property conditions can support a claim
You may recover damages after a slip-and-fall in a public area. However, the path becomes more complex when a government agency controls the property. In those cases, sovereign immunity may limit when the government faces legal responsibility. Nonetheless, certain claims can still move forward through special procedures when the facts meet the required legal requirements.
To recover compensation, you generally need proof that negligence played a role in the fall. That evidence often shows that:
A hazardous condition was present on the property, such as a broken sidewalk, uneven pavement or an untreated spill.
The agency knew, or reasonably should have discovered, the problem before the accident.
Officials failed to fix the issue or warn visitors.
The dangerous area directly caused the fall.
The injury caused clear losses, such as medical bills, missed wages or other harm.
These facts matter, but timing also plays a major role. In Kentucky, a personal injury action generally must start within one year after the injury. Claims involving government property often include extra steps, such as filing through the Kentucky Board of Claims. Some city or county matters also require written notice much sooner. Missing those deadlines can end the chance to seek recovery.
Protecting your chance to seek compensation
Evidence often becomes harder to collect as days pass. A business or agency might erase security footage, witnesses might forget details and workers might repair the hazard before anyone documents it.
That is why legal guidance often helps soon after an accident. An attorney can explain which process applies, track filing deadlines and help preserve records that support your case.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[3 areas to consider when choosing a guardian]]>https://www.thekylawyer.com/?p=465412026-06-24T12:23:19Z2026-06-24T12:23:19ZSelecting a guardian for your child is an important part of drafting an estate plan. If the child is a minor, someone will need to care for them if a parent passes away unexpectedly. They may need to provide active parenting and childcare, address financial decisions, make medical decisions and more.
If you are incorporating this type of documentation into your own estate plan, here are three things to consider to choose the right guardian.
The guardian's age
Often, parents are tempted to choose grandparents as guardians, but this can be problematic based on their age. It may be wise to choose multiple guardians so that there is a younger backup in place.
Shared values
Next, it is often wise to look for someone with a similar parenting style and shared values. You are trying to choose a guardian who will bring the child up the way you would have done yourself. If you can select someone who is relatively similar to you, it can make the change much easier for the child.
The guardian's willingness
Finally, you should never select a guardian without talking to them in advance. You need to make sure that they have the necessary skills and abilities to take care of the child. You also have to make sure they have the availability, depending on their own family obligations or professional lifestyle. Finally, you just need to make sure that they are willing to take on the responsibility and that they will provide a loving environment for the child.It is very important to make decisions like this well in advance, which is why you need to know what steps to take when creating an estate plan.
]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Why comparative negligence matters for personal injury claims]]>https://www.thekylawyer.com/?p=465402026-06-18T11:13:36Z2026-06-18T11:13:36ZHow does comparative negligence work?
Kentucky’s pure comparative negligence rule lets you recover damages even if you share fault for the accident. However, your compensation decreases by the percentage of your fault. For example, if a court awards you $100,000 but finds you 30% responsible for the accident, you receive $70,000.
Kentucky is one of the few states that use pure comparative negligence instead of modified comparative negligence. This distinction means you can recover damages even if you bear 99% of the fault for an accident, though your recovery would be reduced accordingly.
Courts and insurance adjusters review all evidence and decide each party’s fault. They consider factors like traffic laws, witness statements, police reports and expert testimony. Even small details about your actions before or during the accident can influence the percentage assigned to you.
What impact does this have on your claim?
Kentucky courts require juries to assign fault to all responsible parties, including those not named in the lawsuit. This means the jury must consider the negligence of every person or entity who contributed to the accident, even if you did not sue them. The comparative fault determination applies to all types of personal injury cases in Kentucky, including car accidents, slip and fall incidents, medical malpractice and product liability claims.
Insurance companies often use comparative negligence to lower settlement payouts. They may argue that you contributed to your injuries through your own actions. Common arguments include claims that you were distracted, failed to follow safety rules or did not take reasonable precautions to avoid the accident.
How can you protect your interests?
Being aware of how insurers could interpret your actions is important. Do not say anything that sounds like an admission of fault, even an apology. What you say to insurance adjusters, other drivers or on social media could be used to argue you bear greater responsibility.
It is also important to gather as much documentation as you can. Take photos of the scene of the accident, gather witness contact information and seek medical attention immediately. These steps help establish a clear picture of what happened and can counter attempts to shift more blame onto you.
Consider consulting with a personal injury attorney who understands Kentucky's comparative negligence laws. An experienced lawyer can gather evidence to support your story and reduce your share of fault. They can also negotiate with insurance companies, who might try to assign you a higher percentage of blame than warranted.
Protecting your right to recovery
Knowing Kentucky’s comparative negligence rules helps you handle a personal injury claim with confidence. By recognizing how fault affects compensation, you can better evaluate the challenges that may arise during the claims process. With thorough documentation and informed decisions, you can protect your interests and pursue the compensation you deserve under state law.]]>On Behalf of Nathan D. Williams, Attorney At Law<![CDATA[Why permanent markers are part of pre-surgical care]]>https://www.thekylawyer.com/?p=465392026-06-07T23:44:00Z2026-06-07T23:44:00ZWrong-site errors are a serious concern
While surgery can be a life-altering experience for a patient, it is another day at work for medical professionals. Burnout, busy schedules and communication breakdowns can all lead to devastating surgical errors. In some cases, those errors are so severe they have a permanent impact on a patient.
Wrong-site and wrong-side surgical errors, where surgeons operate on the wrong part of the body or the wrong side of a patient’s body, can cause devastating medical setbacks. The patient may be unable to undergo the procedure they require. Their recovery may take longer, especially if a second procedure must occur.
Drawing on the body to indicate the surgical site before the procedure is one way to limit the likelihood of this mistake occurring. Hospitals often have surgical teams mark patients before they receive any anesthesia to reduce the risk of these devastating errors.
When serious surgical errors affect a patient's prognosis or care costs, they may have grounds for a medical malpractice lawsuit. Reviewing surgical records with a skilled legal team can help people determine if they have grounds for a medical malpractice lawsuit after a botched surgical procedure.]]>