Frequently Asked Questions

Our commitment to our clients at the Bowling Law Office includes being accessible to clients when they need us and responsive to client questions throughout our representation. Below we provide answers to some frequently asked questions to help you in your search for a lawyer or if you have general questions about your case. For answers to your more specific questions related to your case, call us at 606-248-8383 or contact us online to schedule a consultation. We don’t charge for consultations and only take a fee if we are successful in recovering compensation on your behalf.

What are your fees?

We take all cases on a contingency fee basis, meaning we only accept a fee if we win your case. Our fees are based on a percentage of the amount we recover for you and are taken from the settlement or verdict we obtain. We also advance all costs of litigation so you don’t have to pay anything upfront. Contingency fees allow anybody to access high-quality legal representation without having to worry about affording the best lawyer for their case. We can discuss contingency fees in detail during your initial consultation.

Workers’ compensation fees in Kentucky are limited by law to 20% of the first $25,000 we recover, 15% of the next $25,000, and 10% of the remainder, with a total maximum of $18,000. Our fees must be reviewed and approved by the Administrative Law Judge. In Tennessee, fees must be reasonable and are subject to approval of the ALJ, with a maximum of 20% of the recovery amount.

Social Security Disability fee agreements are limited by law to the lesser of 25% of past-due benefits or $7,200 and must be approved by the Social Security Administration.

How long will it take to resolve my case?

Several factors influence when a case will end, including whether liability or damages are disputed and the extent of the injuries. It is important not to settle an injury case before all your damages are known. It is not uncommon for a case to take several months to resolve. If litigation is necessary, the process can go on for a year or more. At the Bowling Law Office, we take a very hands-on approach with our clients. We will do our best to let you know what to expect at the start, and we stay in contact with you regularly, ensuring you are informed and updated on any developments in your case. That way you will always have a good idea about the status of your case. While it is important not to settle your case too early, rest assured we will diligently work on your case to resolve it as soon as possible with your best interests in mind.

Will I have to go to court?

The vast majority of injury cases settle without a lawsuit being filed, and even when a lawsuit is filed, the case may still be settled before it goes to trial. It is unlikely, therefore, that you will have to go to court. If you do need to sit for a deposition or testify in court, we will prepare you thoroughly beforehand so you know what to expect.

In the case of an administrative proceeding for workers’ compensation or Social Security Disability, you may need to attend a hearing before an administrative law judge. These proceedings are less formal and shorter than trials, but your attendance and participation could still be required. Again, we will make sure you are comfortable and well-prepared for any such proceeding.

What is the client’s role?

Our job as your law firm is to handle the legal side of your claim while you focus on your physical recovery and getting your life back in order. That said, you still play an important part in the success of your claim. You can assist us by being completely open and honest with us at all times, whether describing the accident, your pain levels, or aspects of your recovery. Also, keep us informed and updated on any changes in your condition and any communications you receive related to the accident or injury. Attend all doctor appointments and follow medical advice from your treating physician. It is also best to refrain from talking about your case with others, which includes posting on social media about your injury or claim. If you have any questions, you can always reach out to us for advice on how to handle any particular situation.

Could I get fired for making a worker’s compensation claim?

No. Kentucky and Tennessee both protect your right to file a worker’s compensation claim. It is illegal for your employer to fire you or otherwise treat you adversely in retaliation for filing a claim, asking about workers’ compensation benefits, or participating in the workers’ comp process. Keep in mind, however, that your employer could still terminate you for lawful reasons, even while you are receiving workers’ compensation benefits. Contact our office or an employment law attorney if you have concerns related to your employment and workers’ compensation.

What if my Social Security Disability (SSD) claim is denied?

Don’t be surprised if your initial application for SSD is rejected. It happens to about two-thirds of all initial applications. The rules for getting SSD are very strict, and they are strictly interpreted by the Social Security Administration (SSA), which turns away claims for any deviation from their rules, even minor technical errors. The good news is that many of the reasons for denial can be fixed. With our help, you can fix those mistakes and ask the SSA to reconsider your claim. You can also request a hearing before an Administrative Law Judge (ALJ), where we can present your claim in person and present additional evidence to support your claim. The SSD process includes additional steps beyond the ALJ hearing as well. We will work to get your claim approved at the earliest possible stage and will work diligently to ensure that your meritorious claim is ultimately successful.

Can I sue the government for a slip and fall on government property or a vehicle accident caused by a government employee or vehicle?

Yes, both Kentucky and Tennessee have waived sovereign immunity allowing people to sue the state and certain local governments, such as municipalities, for injuries caused by government employees, unsafe public premises, and hazards such as dangerous streets, sidewalks, highways and bridges. In Kentucky, claims are presented to the Office of Claims and Appeals and are capped at $250,000 for a single claim or $400,000 for multiple claims arising out of the same negligent act. Tennessee limits recoveries to $300,000 per person and $1 million per occurrence. Other special rules apply to claims against the government, including timelines, notice requirements, and proving liability.

How long do I have to file a lawsuit for medical malpractice?

In Kentucky, a lawsuit based on medical malpractice must be filed within one year “after the cause of action accrued,” which is defined as “the time the injury is first discovered or in the exercise of reasonable care should have been discovered.” This definition can raise some complicated questions regarding the statute of limitations in many medical malpractice cases, including cases involving misdiagnosis, missed diagnosis, delayed diagnosis, or surgical errors such as foreign objects left in the patient after surgery. Similarly, Tennessee has a one-year statute of limitations with a “discovery” rule similar to Kentucky’s.

The takeaway is to contact an experienced medical malpractice lawyer as soon as you believe you may have suffered an injury due to medical negligence or mistakes. Likewise, even if it has been more than a year since the injury, it may be worthwhile to speak with an attorney to see if your claim is still viable. At the Bowling Law Office, we offer a free consultation to evaluate your claim and let you know how we can help. Call us at 606-248-8383 or contact us online to share your concerns with our Middlesboro medical malpractice lawyer.