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
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