Nathan D. Williams, Attorney at Law Nathan D. Williams, Attorney at Law 2026-07-04T23:03:12Z https://www.thekylawyer.com/feed/atom/ WordPress /wp-content/uploads/sites/1304288/2025/10/cropped-nathan-icon-32x32.jpg On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[Determining trustee compensation in Kentucky]]> https://www.thekylawyer.com/?p=46546 2026-07-04T23:03:12Z 2026-07-04T23:03:12Z included 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=46544 2026-07-02T10:44:00Z 2026-07-02T10:43:12Z When 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=46541 2026-06-24T12:23:19Z 2026-06-24T12:23:19Z Selecting 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=46540 2026-06-18T11:13:36Z 2026-06-18T11:13:36Z How 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=46539 2026-06-07T23:44:00Z 2026-06-07T23:44:00Z Wrong-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.]]> On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[Families should watch for signs of nursing home neglect]]> https://www.thekylawyer.com/?p=46538 2026-06-01T17:17:01Z 2026-06-01T17:17:01Z Having a loved one in a long-term care facility means that you place your trust in the hands of the staff members. Those individuals have to provide care that’s not possible for the person to receive at home. The care plan is set based on the resident’s needs.  While most residents receive appropriate care, neglect is possible if the staff members miss any of the points in the care plan. Because of this, it’s critical that family members do what they can to monitor the resident in case something amiss is going on. 

What is nursing home neglect?

Nursing home neglect is often more than one missed care task. It can include things like failing to help the resident with their hygiene or eating. Lack of proper toileting and mobility assistance are also possible. The key is that the nursing home staff neglected to perform the care duties necessary to keep the resident as healthy and safe as possible. 

What signs of nursing home neglect should family members watch for?

There are a variety of signs that signal nursing home neglect. The ones that are noticeable will depend on what type of neglect is occurring.  Physical changes in the resident are often early warning signs. These include things like unexplained bruises or broken bones from falling if they aren’t getting the assistance they need with mobility. Frequent infections, declines in grooming, and sudden weight loss are also possible signs.  In some cases, the neglect is obvious because of behavioral changes, such as the resident becoming withdrawn. They may also seem quiet or upset around staff members who are mistreating them.  Keeping a record of any signs of neglect by nursing home staff members can be important in these cases. Some residents may decide to seek compensation for the damages they’ve suffered because of the neglect.   ]]> On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[Who pays for your medical bills in a Kentucky semi-truck crash?]]> https://www.thekylawyer.com/?p=46537 2026-05-22T14:10:12Z 2026-05-22T14:10:12Z How your medical bills get paid Kentucky follows a set payment order after a crash. Your medical costs move through several layers of coverage before reaching the trucking company's insurance. Here is how each layer works:
  1. Personal Injury Protection (PIP): Because Kentucky is a no-fault state, your own auto insurance pays your medical costs first, covering up to $10,000 per person regardless of who caused the crash.
  2. Health insurance: Once your PIP money runs out, your private health insurance picks up the remaining bills based on your standard deductibles and copays.
  3. At-fault trucking company's liability insurance: If your costs go beyond the limit, you can file a personal injury claim against the at-fault driver and their employer's commercial liability insurance for outstanding bills, future care, lost wages and pain and suffering.
Understanding this payment order helps you take the right steps after your crash. But who exactly is responsible for your injuries?

How multiple at-fault parties may share responsibility

When a semi-truck crash happens, the blame rarely falls on just one person. Several parties may have played a role in your injuries and each one may be a source of money to cover your medical bills. Here is who could share responsibility:
  • The truck driver: A driver who was speeding, distracted, under the influence or violating hours-of-service rules can face personal liability for the damages they caused.
  • The trucking company: A trucking company is often responsible for what its driver does on the job and can also face separate claims for hiring unqualified drivers or failing to maintain their vehicles.
  • Cargo loaders: If improperly loaded or overweight cargo caused the driver to lose control, the third-party loading company or freight broker may bear direct responsibility for your injuries.
  • Parts manufacturers: If a defective truck component such as faulty brakes, a blown tire or a malfunctioning hitch contributed to the crash, the manufacturer of that part may also share liability.
This is why identifying every responsible party strengthens your claim and improves your chances of recovering the full cost of your medical care.

Take control of your medical bills today

Recovering from a serious truck crash in Kentucky involves more than just medical treatment. It means knowing your rights, understanding who is at fault and making sure every dollar the at-fault parties owe you actually reaches you. The payment order and the number of parties who may share responsibility can be a lot to sort through on your own. Thus, knowing your options is the first step toward making sound decisions about your medical bills and your future.]]> On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[Do smart cars increase accident risks?]]> https://www.thekylawyer.com/?p=46536 2026-05-18T14:05:54Z 2026-05-18T14:05:54Z Modern vehicles now come with AI-powered features like lane assist, automatic braking, voice controls and self-parking systems. These tools are designed to make driving easier and reduce human error. While they can improve safety in some situations, they can also create new distractions behind the wheel.  You may feel more relaxed when your car handles small driving tasks for you. However, that comfort can sometimes lead to less focus on the road. Many drivers become too dependent on alerts, sensors and automated systems. When the technology fails or reacts too slowly, accidents can happen within seconds. 

What are the hidden problems behind AI-powered cars?

AI features are helpful, but they are not perfect. Understanding their limits can help you stay safer on the road. Some common concerns include: 
  • Drivers paying less attention because they trust the system too much
  • Voice commands and touchscreens can cause distractions
  • Sudden braking or steering corrections that confuse drivers
  • Sensors struggling during heavy rain, fog or poor lighting
  • Delayed software updates that affect vehicle performance
Many drivers assume that newer technology automatically means safer driving. In reality, every system has limits that may not work well in unexpected traffic conditions. You should take time to learn how your vehicle responds, especially when using features like adaptive cruise control or lane-centering assistance. Reading the vehicle manual and practicing in low-risk situations can help you react faster if the technology suddenly stops working or makes an incorrect decision. It is also important to note that accidents involving AI technology can be complex. Questions may arise about whether the driver, manufacturer or software system had a role in the collision. In these situations, clear records and proper documentation matter. As vehicle technology continues to change, understanding your rights after an accident becomes increasingly important. Speaking with a legal professional may help you better understand what steps to take if advanced vehicle systems contributed to the crash.]]> On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[What if a beneficiary is not ready for an inheritance?]]> https://www.thekylawyer.com/?p=46527 2026-05-04T19:06:55Z 2026-05-04T19:06:55Z If you have a beneficiary that you want to name in your estate plan, but you are worried that they are so young that they are not ready for that type of inheritance yet, there are ways to delay when they receive it. For example, some of your beneficiaries may be your own adult children, and they are certainly old enough to inherit the money that you leave to them. But maybe you also want to include a grandchild. Technically, they are a legal adult, but they are still in college. If you are worried about how they will use the money that they inherit, you do not have to cut them out of the estate plan. Instead, you can set up a trust that specifies when they should get access to the money.

Picking multiple ages

In fact, it is possible to pick different ages for payouts, giving the trustee instructions on when they can authorize those distributions. For instance, maybe you want to authorize them to access 10% of the funds immediately, knowing it can help them with college tuition costs. But to keep them from using the entire inheritance too quickly at such a young age, you could say that they do not get the next 40% until they turn 25 and the final 50% when they turn 30. By doing this, you delay distribution until they are at an older age, when they may have better financial management skills. You also give them access to the money at what could be an important time in their life, as they may be starting a family, starting a business, looking to buy a home and things of that nature.

Setting up a trust

This is just one example of how you can use a trust to take control over an inheritance. If you are interested in doing so, make sure you know what legal steps to take to set everything up correctly.  ]]> On Behalf of Nathan D. Williams, Attorney At Law <![CDATA[How your social media posts can damage your injury claim]]> https://www.thekylawyer.com/?p=46525 2026-04-24T16:00:48Z 2026-04-24T16:00:48Z Spotting the inconsistencies in your claim Insurance adjusters are meticulous in reviewing injury claims to prevent fraud. Under the Kentucky Rules of Civil Procedure, they can often gain access to your digital life if they can prove it is relevant to your physical condition. If your account is private, an adjuster generally cannot see your posts unless you grant access or they are obtained via legal discovery during litigation. This means your adjuster can see every post that is on your social media accounts. For instance, say you claim a severe back injury that prevents you from working. Posting a photo of yourself attending backyard parties or shopping with heavy bags can make your statement inconsistent. An adjuster can argue that you are not really hurt, using this as a reason to lower your settlement offer.

Protecting your recovery with caution

If you recently filed a personal injury claim, the safest approach is to refrain from using social media. Pause your posting until your case is resolved. If you must stay active, never discuss your accident, injuries and legal case online. It is important to remember that insurance companies are looking for a reason to pay you less. Seeking legal guidance is wise. An experienced attorney can walk you through the legal landscape, providing detailed insights on your rights.]]>