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Why Injured People Should Be Careful With Attorneys or Their Referral Partners Who Solicit Them

Posted on Thursday, June 26th, 2014 at 9:04 am    

attorney solicitationSomeone injured in an accident may not realize that it is illegal to be solicited by an attorney or attorney referral service. If this happens, the injured person should stay far away from that lawyer or doctor. Instead, the injured person should find a reputable doctor and reputable attorney that can represent the injured person.

Kentucky’s Solicitation Law

Kentucky prohibits attorneys and attorney referral services from directly contacting injured people to solicit them as clients. If the attorney or attorney referral service (ie. service, doctor, chiropractor, etc.) directly contacts the injured person within 30 days, it is a misdemeanor that can result in jail time. An attorney referral service can even include a doctor, if the doctor is contacting the injured person on behalf of a law firm.
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Beware – Solicitation Probably Predicts Future Behavior

If an attorney or attorney referral service is willing to break the rules regarding solicitation, how would a client know what other rules this attorney or doctor are willing to break. Such “professionals” are possibly more interested in getting insurance money from their professional fee than they are in making their clients fully compensated for their injuries. Reputable attorneys want their clients to be made whole, if possible.

If you or someone you know was solicited by and attorney or and attorney referral service, please contact Lawrence & Associates today ensure you case will be handled reputably!

Contact Us (859.371.5997) for a Free Consultation

 


Make Sure to Report The Required Types of Income in Your Chapter 13 Bankruptcy

Posted on Monday, June 23rd, 2014 at 2:30 pm    

income checklist in a chapter 13 bankruptcyWhen filing for a chapter 13 bankruptcy, a debtor is required to list his or her current monthly income on the chapter 13 Means Test. This is important because it allows for the calculation of both the debtor’s commitment period and the debtor’s disposable income. Due to the nature of the chapter 13 bankruptcy, it is sometimes beneficial to the debtor that his or her income be minimal rather than a greater amount. Therefore, it is crucial to know exactly what type of income needs to be listed and what type does not.

The Obvious

  • Gross wages
  • Salary
  • Tips
  • Bonuses
  • Overtime
  • Commissions

Form 22C indicates that “All figures must reflect average monthly income received from all sources derived during the six calendar months prior to filing the bankruptcy case, ending on the last day of the month before filing.” It is important to realize that if the debtor is married, than he or she must list the spouse’s income, regardless of whether or not it is a joint-bankruptcy.

Business Income

  • Gross income derived from the operation of a business, profession, or farm

In re Wuilnau, the court held the where a debtor receives income from an LLC, that income needs to be included as part of the Current Monthly Income.2012 Bankr. LEXIS 1121 at *10-11 (Bankr. N.D. Ohio March 14, 2012).

Other Forms if Income

  • Income derived from rentals or real property
  • Interest, dividends, and royalties
  • Pension and retirement
  • Unemployment compensation (unless it was received by the debtor or the debtor’s spouse as a benefit under the Social Security Act)
  • Other sources of income unless specifically excluded.

Certain transactions that have been held to not constitute income for purposes of a chapter 13 are…

  • Loans
  • One-time withdrawals from 401(k) or an IRA
  • Sales of vehicles in a non-business context – In re Leach, the courts held that income derived from the sale of a vehicle used to purchase a newer vehicle was not income that needed to be included in the chapter 13 Means Test. 61 Collier Bankr. Cas.22d (MB) 15555, 2009 Bankr. LEXIS 1097 at 26 (Bankr. D. Mont. Feb. 26, 2009)
  • Transitional bonus payments set off against loan (such as a pay advance)

If you or someone you know may need to file for a chapter 13 bankruptcy, contact Lawrence & Associates today!

Contact Us (859.371.5997) for a Free Consultation


Injuries Caused by Dog Bites – Blame the Owner and Not the Breed

Posted on Monday, June 23rd, 2014 at 12:30 pm    

Happy Pit BullGovernments have been trying to get a handle on dangerous dogs that apparently menace neighborhoods and attack other dogs or people for years. In the United States, there are more than 60 millions dogs living with humans, more per capita than in any other country in the world. According to the National Center for Injury Prevention and Control, a division of the Centers for Disease Control, an estimated 4.5 million people are bitten by dogs every year, with more than 800,000 seeking medical care. Half of these are children and of those injured, more than 350,000 require emergency room treatment. On average, between 10 and 20 Americans die from dog bites.

Dangerous-dog laws and ordinances have been passed in Chicago, San Francisco, New York, Cincinnati and a host of other cities. In 2006, Bracken County, KY upheld a ban on pit bull ownership in court. As happened in Jefferson County, the debate over whether or not to target certain breeds in dangerous-dog legislation often turns into an argument over pit bulls. The pit bull is not recognized as a breed per se, but rather as a type — a descriptor of several breeds of dogs with similar physical characteristics. Commonly, the breeds included are the American pit bull terrier, the Staffordshire bull terrier and the American Staffordshire terrier. Sometimes other breeds are included, such as the English bull terrier or the American bulldog, or even mastiff-type dogs like the Argentine Dogo, the Tosa, the Cane Corso and the Presa Canario.

American Humane Association Research

With Breed Specific Legislation banning bully breed ownership in certain areas, it’s easy to understand why people assume anecdotal evidence about the dogs’ aggressive tendencies is true. But the facts tell a different story. According to the American Humane Association, on tests conducted in 2009 by the American Temperament Test Society, bullies scored better than several breeds that are rarely associated with aggression, including beagles and collies.

Centers for Disease Control and Prevention Research

Additionally, research conducted in 2000 by the Centers for Disease Control and Prevention (CDC) showed that no specific breed of dog is inherently vicious. And National Canine Research Council director Karen Delise says that, in most cases, any dog that has a tendency to attack is responding at least in part to owners who have either neglected the pup or failed to give it proper socialization and training.

Of the 4.5 million people in the United States are bitten by dogs each year, bully breeds are less often to blame than many other breeds, including chow chows and German shepherds. Another CDC study conducted in 2000 attempted to assess which breeds had been involved in the most fatal attacks from 1979 to 1998; however, researchers found numerous challenges and flaws in trying to make accurate calculations. To date, there is no scientific proof that bullies are more commonly involved in fatal attacks than all other dogs.

No Scientific Proof That Bullies Have a Super Strong Jaw

Research conducted by a doctor at the University of Georgia shows that bully breeds don’t show any mechanical or morphological differences in jaw structure when compared to other dogs — nor do their jaws come equipped with locking capabilities.

To explore the question of jaw strength, a 2005 National Geographic study measured force of bite for several creatures as pounds of bite pressure. On average, dogs exhibited about 320 pounds of pressure, while humans came in at 120 pounds and great white sharks at 600. The study also included a simulated bite sleeve test with a German shepherd, a Rottweiler and an American pit bull terrier. The pit bull actually registered the least amount pressure among the group, despite rumors that bully breeds can clamp down with an alarming 1600 pounds of force.

Hold Irresponsible Owners Responsible for Their Dogs Behavior

In general, bullies, as well as all other types of dog breeds, are loveable, loyal and energetic, especially when given the proper socialization and training. Although all dogs can be good dogs if raised properly, often dogs and especially bullies fall into the hands of irresponsible owners and innocent victims are harmed as a result. That’s where an experienced attorney comes into play.

If you or someone you know has suffered from a dog-bite, contact a Northern Kentucky personal injury attorney today. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation


Kentucky Workers’ Compensation Survivors Benefits – Who is Eligible?

Posted on Monday, June 23rd, 2014 at 10:30 am    

workers compensation benefitsWhile it is difficult enough when a worker suffers an injury while on the job, if injuries are severe enough to cause death, the situation becomes unimaginably worse. If you are the spouse or child of a worker who died in a work-related accident, you may be able to recover some financial compensation to help you through this trying time. A Northern Kentucky workers’ compensation attorney can help you understand Kentucky’s complex legal system set up to pay workers’ compensation benefits to the family of someone who has lost a loved one while on the job. 

People Who May Be Eligible for Kentucky Workers’ Compensation Survivors Benefits

Kentucky has a complex legal system set up to pay workers’ compensation benefits to the family of someone who suffers a fatal work injury. The rules are very specific and our attorneys will explain them to you in detail when you visit our office, but generally, the following people are eligible for benefits…

  • A surviving spouse
  • Minor children of the deceased worker
  • Mentally disabled adult children of the deceased worker
  • The parent of the deceased worker, if he or she had no spouse and no children

The state of Kentucky sets minimum and maximum amounts that are available to survivors. These amounts change each year. When you visit us, we will be able to give you an idea of how much you may be able to expect.

If a loved one has suffered a fatal injury while on the job, contact Lawrence & Associates today! We can help you and your family members get the survivor benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation


It’s Crucial To Know What Deductions To Report in a Chapter 13 Bankruptcy

Posted on Monday, June 23rd, 2014 at 8:12 am    

bankrutpcy checklistA debtor is required to list his or her current monthly income on the chapter 13 Means Test when filing for a chapter 13 bankruptcy. This is important because it allows for the calculation of both the debtor’s commitment period and the debtor’s disposable income. Additionally, due to the nature of the chapter 13 bankruptcy, it is sometimes beneficial to the debtor that his or her income be minimal rather than a greater amount, so it’s imperative that one know exactly what type of income needs to be listed. Consequently, knowing what deductions are allowed to be included in a Chapter 13 bankruptcy is just as crucial. Generally, the Means Test follows the same National Standards set forth by the Internal Revenue Service (IRS) in the Internal Revenue Manual to calculate the allowable living expenses for all applicable persons. The applicable number of persons is the same number that would currently be allowed as exemptions on a debtor’s federal income tax return, plus the number of any additional dependents whom that debtor supports.

The IRS Definition of Necessary Expenses…

“Allowable expenses include those expenses that meet the necessary expense test. The necessary expense test is defined as expenses that are necessary to provide for a taxpayer’s and his or her family’s health and welfare and/or production of income. The expenses establish the minimum a taxpayer and family needs to live.” §15.1.7 at P 1,3.

  • Food, Clothing, and Other Items – these generally include food, housekeeping supplies, apparel and services, personal care products and services, and miscellaneous. Taxpayers are allowed the total National Standards amount monthly for their family size.
  • Healthcare – Calculated by using the number of applicable persons and the IRS National Standards for out of pocket health care.
  • Housing and Utilities, Mortgage/Rent Expenses – Calculated by using the IRS Housing standards for the taxpayer’s county and family size. Housing expenses generally include mortgage (including interest) or rent, property taxes, necessary maintenance and repair, homeowner’s or renter’s insurance, homeowner dues, etc. Utility expenses include gas, electricity, water, heating oil, bottled gas, trash and garbage collection, phone and cell phone expenses, etc.
  • Transportation, Vehicle Operation/Public Transportation Expenses

Calculating all these expenses is a rather convoluted process, as well as another reason why it is so important to consult with a Northern Kentucky bankruptcy attorney when considering filing for bankruptcy in Northern Kentucky.

If you or someone you know need(s) to file for a chapter 13 bankruptcy in Northern Kentucky, contact Lawrence & Associates today!

Contact Us (859.371.5997) for a Free Consultation

 


Do You Need an Attorney When Appearing Before The Kentucky Board of Claims?

Posted on Friday, June 20th, 2014 at 7:53 am    

Even though we have all seen movies and TV shows about jury trials, no one should try to represent themselves before a jury. It is a recipe for disaster. The Kentucky Board of Claims is very, very different from a jury trial, and that can make it both more and less difficult to represent yourself.

About The Kentucky Board of Claims

The Board of Claims was established by the Kentucky General Assembly in 1946 with the mission to ensure an impartial and fair review of all claims filed by citizens who believe their person or property has been damaged through negligence of the part of the Commonwealth of Kentucky. The board acts under the authority of KRS Chapter 44 and KAR Title 108 to determine whether a state agency has been negligent, consequently causing damages, loss or injury to a claimant.

Property Damage Claims

As a rule of thumb, if you are representing yourself only for property damage (such as to a vehicle), we would recommend representing yourself or contacting some kind of Legal Aid society. Very few attorneys will take on a minor property damage case due to the large amount of time and inability to get paid for that time.

Important Link: Board of Claims Website

Injury Claims

We highly recommend legal representation for Injury claims before the Board of Claims. Injury claims are defended by Kentucky’s state agencies before the board of claims every bit as vigorously as similar injury claims are defended in jury trials. Further, the rules at the Board of Claims often favor the state agency. For example, the state agency is allowed to ask the hearing officer to take notice of scientific facts that people working for the agency know, even though the injured person might not have the ability to question the state agency’s employees! In another odd twist, the state agency is allowed thirty days after the hearing in which to go get an expert, although many claimants can’t afford one. Injured people appearing before the Board of Claims can wind up overwhelmed and without the resources to fight the state government.

At Lawrence & Associates’ Northern Kentucky office, our attorneys will take injury cases before the Board of Claims and fight for your rights.  Don’t wait until it is too late to fight back – call our office in Fort Mitchell, Kentucky today!  

Contact Us (859.371.5997) for a Free Consultation


Florida’s Supreme Court Tosses Out a Medical Malpractice Cap That Kentucky’s Legislature Is Now Considering – See Why It Matters to All of Us

Posted on Wednesday, June 11th, 2014 at 8:00 am    

malpractice capsIn the article Florida Supreme Court tosses out medical malpractice cap on damages by Mary Ellen Klas, she writes that “The Florida Supreme Court on Thursday rejected the centerpiece of the 2003 medical malpractice overhaul law, blasting the Legislature for creating an “alleged medical malpractice crisis” and concluding that the cap on wrongful death noneconomic damages violates the state Constitution’s equal protection clause.”

What Happened

Florida, like many states, passed tort reform laws under the faulty thinking that there was a frivolous lawsuit crisis in the state.  They put a cap on damages that ensured the most injured people would not get full recovery, although people with minor injuries could get a recovery.  This obviously helped the insurance companies, who knew there was a maximum on any given claim.  Looking back, the Florida Supreme Court found that the law was a) unconstitutional, and b) was not based upon a factual foundation.  If you look at the bottom of the article, you’ll see how the Court did research and found that the supposed reasons for passing tort reform were not real.  For example, the claim was that doctors were leaving the state, but looking back at 2003 (when tort reform was passed), the history books show the number of physicians increased rather than decreased.

Why It Matters to All of Us

Kentucky is considering the exact same law that Florida passed this year.  If it passes, anyone with a personal injury claim and a serious injury – death, paralysis, amputation, etc. – will no longer be able to file a claim and receive a full recovery.  Instead, they have to look to state aid (like social security disability) to fill the gaps.  That means the law potentially affects all of us.


Spotlight on Casey Robinson: Associate Lawyer at Lawrence and Associates Focusing on Bankrputcy

Posted on Thursday, June 5th, 2014 at 3:19 am    

Focused on Bankruptcy Cases 

I was sworn in as an attorney in Kentucky in October 2013 and started working at Lawrence & Associates in January 2014.  I was admitted to practice in the U.S. District Court in the Eastern District of Kentucky in March 2014. I work primarily on bankruptcy cases, but I also work with personal injury claims. In bankruptcy, I represent debtors in Chapter 7 and Chapter 13 cases.  I represent clients with personal injury claims from automobile accidents and slip and fall accidents. I chose to focus on bankruptcy because I really enjoyed learning how the entire bankruptcy process works during my course work in college.  Bankruptcy is very different and it is, for the most part, not adversarial.  I enjoy how cooperative the entire process is because it feels like everyone is working toward a similar goal in the end.

Devoted to Helping Clients Get a Fresh Start Through Personal Attention

At the end of every bankruptcy case, whether it is Chapter 7 or Chapter 13, I really feel like I am helping someone restart his/her life.  It is a good feeling knowing that I helped them and that they can begin the process of rebuilding their lives because of our work for them. I am from a small town in Eastern Kentucky, which is one of the poorest regions in the country. I understand the issues that many struggling families go through to make a living and I know how hard it is to recover from serious financial setbacks.

My favorite part of working in the practice is meeting new people on a regular basis.  I enjoy hearing the stories our clients have to tell us, and I think the best part is seeing the relief the clients feel at the end of our bankruptcy cases. I’m devoted to ensuring the best outcomes for my clients. Lawrence & Associates is not a factory.  We work closely with our clients from the beginning to the end of every claim and case. I get involved from the very first meeting with every potential client.  I strive to ensure that I do my best work for each and every client and that all of our clients are satisfied with my work.

Working to Eliminate the Stigma of Bankruptcy

One of the biggest challenges we face is giving potential clients the reassurance that filing bankruptcy is not a bad thing.  People have a constitutional right to seek relief in bankruptcy, which is why it is often referred to as a “fresh start.”  There is a horrible stigma that comes along with filing bankruptcy that should not be there.

First Generation College Grad

My biggest success has been graduating and becoming an attorney.  I am a first generation college graduate in my family, and I am the first to complete graduate school.  Becoming an attorney has been my dream for so long, and I am so glad to have achieved that.  My true success, however, will be helping as many people as I can as an attorney.

Other Legal Experience

I have previously worked in a number of different areas of the law, including insurance defense, domestic relations, criminal law, personal injury, Social Security, estate planning, and mining regulations.  I feel that my experience in the other areas helps me work through all of the various issues that are brought into bankruptcy cases.

Giving Back to the Community 

I work with the Kentucky Bar Association Young Lawyer Division (YLD) and the Northern Kentucky Bar Association Young Lawyer Section.  I am a volunteer with the CARE Program (Credit Abuse Resistance Education), which puts attorneys in high school classrooms to teach teenagers credit responsibility.  I am also a volunteer in the YLD’s U@18 Program, which educates 17 and 18 year old high school students regarding their basic rights and responsibilities as renters, consumers, property owners, voters, spouses, and employees.

I also recently helped to get the Cincinnati Alumni Chapter of Phi Alpha Delta, Law Fraternity International, reactivated.  The Chapter will participate in a number of philanthropy and professional events over the course of a year, and it allows us to work with undergraduate and law school students in their chapters.  We are able to connect to Chapters across the world.

Best Advice

The best advice I ever received came from my mother.  She always told me that you won’t know an answer if you don’t ask the question and that you’ll never get help if you don’t ask. I make it a habit now of never hesitating to ask a question and to keep asking questions until I get enough information.  I always advise people that it is okay to ask for help because everyone needs help at some point.  We are here to help, and all you have to do is ask.

About Our Bankruptcy Practice

bankruptcyThere are many reasons that individuals and families find they can no longer afford to pay monthly bills. Some may have recently gone through a divorce. Others have been injured at work or in an accident and are unable to earn an income. Many are facing increased interest rates on mortgages or credit cards and cannot keep up. There are also people who simply let spending get out of control and cannot find a way out. Have you received notice that your wages will be garnished due to delinquent payments on your financial obligations? Has the bank started foreclosure proceedings on your home? Is your car about to be repossessed? Or have you realized that try as you may, there is just no way for you to stay current on all of your bills? Regardless of the financial problems you are facing, it is important to realize that there are legal solutions to help you obtain debt relief.

Immediate Relief For Pressing Financial Problems

Above all, do not ignore your financial problems or lawsuits that creditors bring against you. These issues will not disappear. Your best option is to contact a bankruptcy attorney at the first sign of financial distress. Even if you are facing immediate foreclosure, repossession or wage garnishment, Lawrence & Associates can provide swift legal action to help protect you. Your start to a fresh financial future begins when you contact the bankruptcy law firm of Lawrence & Associates. Our firm helps clients file Chapter 7 bankruptcy and Chapter 13 bankruptcy. When you work with our firm, we will take the time to fully explain your legal options and the bankruptcy process in an understandable way — not with complex legal jargon. We can also provide advice on how to stop creditor harassment, garnishment, foreclosure and repossessions.


“What is Personal Injury Protection (PIP)?” is a Frequently Asked Question to Northern Kentucky Personal Injury Lawyers

Posted on Tuesday, May 27th, 2014 at 1:40 pm    

car wreckPersonal Injury Protection, or “PIP”, is a basic coverage that is required in Kentucky on all motor vehicles, with the exception of motorcycles. It generally provides up to $10,000 to each covered individual in an accident to be used for the purposes of paying for medical expenses, lost wages, and all other costs that resulted due to the accident (optional higher benefits and deductibles are available).

Who’s PIP is Used and How?

 

In most circumstances, the PIP is paid by the insurer of the vehicle in which the injured person was riding at the time of the accident. For example, if an insured motorist is in an accident while driving his insured vehicle, his insurance company will pay the PIP. It does not matter who was at fault in causing the accident. Additionally, if a vehicle strikes a pedestrian, the insurer of that vehicle will pay the PIP associated with the pedestrian’s accident related expenses.

What if there is no PIP?

In certain circumstances, an injured party will find that there is no PIP available. For example, this can occur in a situation where the injured party is uninsured and the owner of the vehicle does not have existing coverage for his vehicle. If a pedestrian is struck by an uninsured vehicle (where the owner of the vehicle failed to have insurance or the driver of the vehicle was uninsured), then his best option is to file a claim for basic PIP to the Kentucky Assigned Claims Plan. The KAC is a state fund which provides basic PIP benefits to those who meet the certain requirements listed under KRS 304.39-160 and 304.39-170. An example of someone who would not be entitled to apply to the KAC for PIP would be an injured driver who was uninsured at the time of the accident.

If you or someone you know has been in an automobile accident, have medical bills piling up, and are unsure of what your options are, do not hesitate to contact a Northern Kentucky Personal Injury Lawyer. Lawrence & Associates can help get you the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation


Is It Really Necessary to Hire a Workers’ Compensation Attorney When My Injury Isn’t Being Contested By My Employer?

Posted on Friday, May 23rd, 2014 at 12:15 pm    

Workers Compensation AttorneyOften times, I hear people say, “Why would I hire a workers’ compensation attorney? My employer is paying my medical bills.” Before practicing workers’ compensation law, I had the same school of thought. What I learned after diving into the area of Kentucky comp is there are several reasons to hire a workers’ compensation attorney, even when the employer is not contesting that the employee’s injury occurred at the workplace.

Reasons Why You Should Get a Kentucky Workers’ Compensation Lawyer For Your Case…

  • Workers’ Compensation Can Be Complex – It’s difficult for an injured employee to navigate the system without the help of an experienced workers’ compensation lawyer.
  • Kentucky Attorney’s Fees for a Workers’ Compensation Case are Contingent – Contingent means that  the attorney does not receive any form of compensation unless the injured employee recovers a settlement. Therefore, the injured employee has nothing to lose by hiring a workers’ compensation attorney to file his or her claim.
  • Employers Have a Conflict of Interest and Want You Back on the Job Quick – Even though an employer may not contest that an employee’s injury happened at work, the employer’s goal is to get the employee back to work as soon as possible. With this goal in mind, the injured employee may not be receiving proper medical treatment or the employer or insurance company may be forcing the employee to work in violation of medical restrictions from the employee’s treating physician. Hiring an experienced Northern Kentucky workers’ compensation attorney can help the employee navigate these issues if they pop up and the attorney will help to ensure that the injured worker is receiving proper medical treatment.
  • You Don’t Need the Hassle of Dealing with the Employer’s Insurance Company –  When hiring a workers’ compensation attorney, the employee no longer has to deal directly with the employer’s insurance company. The attorney handles all medical records and deals directly with all insurance companies involved leaving the injured worker to focus on his or her treatment.
  • Ensure You Get a FAIR Settlement – Hiring an experienced Northern Kentucky workers’ compensation lawyer can help an employee receive a fair settlement at the end of his or her treatment. Without an attorney, insurance companies may offer an employee a settlement that the employer believes is fair and the employee may accept the first offer, not knowing that settlements are negotiable. A workers’ compensation attorney can help with the settlement process and negotiate a fair settlement for all parties involved.

Also Know That If a Claim Has Been Denied by the Insurance Company That You Still Have Options….

Other times, I hear people say that they were injured at work and their workers’ compensation claim has been denied by the insurance company. The injured worker may wrongfully believe that the denial is the end of the road. In this situation, it is imperative that the injured employee speaks with a workers’ compensation attorney because he or she could be missing out on the opportunity to have medical bills related to the injury paid and a settlement at the end of the case. Just because an employer says that an employee’s injury did not occur while the employee was on the clock, it is not the end of the road for the injured employee. When an employee’s injury is denied by the insurance company, a workers’ compensation attorney can file the employee’s claim, which gives the employee the opportunity to be heard in front of a Kentucky Administrative Law Judge who then determines if the employee’s injury is in fact work-related and compensable.

If you or someone you know has been injured on the job, don’t wait to contact a Northern Kentucky Workers’ Compensation Attorney. Lawrence & Associates can help get you the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation

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