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         |  | Practice AreasWe have made a solid commitment to the following areas of practice in order to provide you with the best possible legal representation. Personal Injury / Wrongful Death-The lawyers at Harris J. Berman & Associates represent individuals and families involved in personal injury and wrongful death cases occasioned by the negligence, carelessness, and recklessness of others. Plaintiff personal injury and wrongful death cases can be difficult. Insurance companies want to limit their exposure or liability when a serious injury or death occurs. Insurance companies hire attorneys whose job it is to aggressively minimize each aspect of the plaintiff's claim. Our firm handles all types of serious and catastrophic personal injury and wrongful death cases involving:
Firm founder Harris J. Berman is Certified as a Civil Trial Lawyer by the National Board of Trial Advocacy and is a member of The Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States, where membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. We have successfully represented individuals and their families with claims caused by the negligence, carelessness, and recklessness of others in situations involving:
Motor Vehicle Accidents-While motor vehicle accidents comprise a significant portion of personal injury and wrongful death claims, it is wrong to think that they are always simple to resolve. Our attorneys understand not just the "rules of the road" and the special duties imposed on commercial and public carriers, but also the complex scientific and engineering principles often necessary to unravel just how an accident occurred on the roadways of Kentucky and who, if anyone, was at fault. We handle issues involving:
The attorneys at Harris J. Berman & Associates are well trained in fairly evaluating motor vehicle accident cases so that our clients can anticipate and appreciate realistic outcomes. When cases can be resolved fairly for all, through mediation, arbitration, or other Alternative Dispute Resolution (ADR) methods, our attorneys can aid in achieving that result. When cases must be tried, our attorneys recognize that as well and can tap into their extensive experience in the courtroom. Whatever the practical or legal issues that arise out of a motor vehicle accident, our firm is prepared to address them in order to met and exceed client objectives and goals. Products Liability-Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety. The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries sustained from the use of a defective product. The damages the consumer is entitled to receive may include compensation for:
As part of our personal injury and wrongful death practice, we assist injured individuals in bringing their claims for their injuries or deaths caused by a manufacturing flaw or defect, a design flaw or defect, or where a product is unreasonably dangerous because of inadequate instructions or warnings. We ensure that injured consumers or the family and heirs of deceased consumers receive fair treatment under the law and seek full and fair compensation for injuries caused by dangerous and defective products. Medical Malpractice-Medical malpractice, simply put, occurs when your medical provider deviates from the normal standard of care. Medical providers are required to exercise reasonable care in accordance with the standards of care for the profession involved. If a doctor, surgeon, hospital, or other medical provider acts, or fails to act, in a manner that deviates from the accepted standard of care, then that provider may be liable for an injured person's damages. Though the majority of health care providers do good work, mistakes are sometimes made which could adversely affect a person, as well as their family and friends, for the rest of their lives. At Harris J. Berman & Associates, we represent individuals and their families whose medical provider has breached the standard of care in diagnosing or treating medical conditions. We have extensive experience in cases involving:
Social Security Disability-Disability can pose an insurmountable obstacle to earning a living. If you or a family member suffer from an injury or disease that prevents you from working, or is expected to prevent you from working for one year or longer, then you may be entitled to Social Security Disability benefits. The Social Security Administration (SSA) is a federal agency that administers retirement and disability benefits. It is not a Kentucky state government agency. The Social Security Administration (SSA) defines a disability as the inability to engage in substantial gainful activity (SGA) due to an impairment or combination of impairments. To be considered disabled, a person must ordinarily establish that he or she cannot perform his or her past work and also must establish an inability to perform other types of employment. The Social Security system provides benefits for the disabled under two separate but related programs: Social Security Disability Insurance (DIB) and Supplemental Security Income (SSI). To get disability benefits from Social Security, you must apply. How much a person receives as a benefit depends on his or her work history, resources, and other available income. We have substantial experience obtaining Social Security benefits on behalf of our disabled clients and their families. Due to our experience, we are able to efficiently guide you through the overwhelming maze of regulation and red tape that characterizes the application process. If you have been denied benefits by the Social Security Administration (SSA) or are simply considering whether you should apply, please contact Harris J. Berman & Associates today. Worker's Compensation-When you are hurt or injured while performing your duties as an employee in Kentucky, there is a specialized area of legislation that governs from whom and how much you can recover. The Department of Workers' Claims is the agency primarily charged with the administration of the Kentucky program and has exclusive jurisdiction over workers' compensation claims. Under the Commonwealth's workers' compensation program, employers are required to provide workers compensation insurance coverage to each employee. Work related injuries or illnesses typically covered by workers' compensation laws include:
Workers' compensation differs substantially from other types of injury and death cases, and generally provides coverage for any necessary medical treatment related to the injury or illness and compensation for lost wages. The questions that arise most often in a "work comp" case are:
Nursing Home Negligence- Nursing home abuse has many victims. Every day, elderly and mentally impaired residents of nursing homes suffer needlessly at nursing facilities that place profits before the quality of care. The families and friends of the victims suffer as well when their loved ones are injured and abused in poorly run nursing home and other assisted living facilities across the country. Harris J. Berman & Associates is dedicated to providing victims and their families with the information and resources they need to help protect against abuse, neglect, and mistreatment suffered at the hands of nursing homes and their staff. We believe that it is reasonable to expect that our loved ones will be properly treated and cared for in their golden years. We represent people who have been injured by nursing homes and other long-term care facilities in cases involving:
We strive to protect those who are not able to protect themselves. We are keenly aware of the sensitive nature of these types of cases and strive to provide the best possible representation in a dignified, cost-effective, and professional manner. Bankruptcy-As part of our business and commercial law practice, Harris J. Berman & Associates represents debtors in the following matters:
Estate Planning, Wills, and Trusts-Estate planning is important, no matter how small your estate may be. It allows you, while you are still living, to ensure that your property will go to the people you want, in the way you want, and when you want. It permits you to save as much as possible on taxes, court costs and attorneys' fees, and it affords the comfort that your loved ones can mourn your loss without being simultaneously burdened with unnecessary red tape and financial confusion. Without proper estate planning, the Internal Revenue Service (IRS) stands to inherit a large portion of your assets. Fortunately, it's not too late to write the IRS out of your will, and we can help you implement a variety of advanced tax strategies to keep your assets where they belong: with your family. Our estate planning practice includes:
Probate Administration / Litigation-Logically following estate planning is probate administration-putting the plan into operation. Probate is a mystery to most of the public. Many attorneys do not do a very good job of educating the public about probate and its processes. In its most basic terms, Probate is nothing more than a court-supervised transfer of title of an asset. The goal is to take title out of a deceased person's name and to put it into a living person's name. Who the recipient may be of a deceased person's asset depends upon whether or not that deceased person left instructions in a Will identifying the recipient or, if no Will is found, which statutes apply identifying the recipient by default. Though this explanation of Probate may seem simple, the process usually is not. In a typical Probate there are a number of different persons interested in the Probate estate. The most common are creditors, family members, beneficiaries, the surviving spouse, attorneys, the judge, and the personal representative for the estate. Each person has a different interest in the Probate that is protected by law. Because of those protected interests, the steps undertaken to complete a Probate can be lengthy, time-consuming, and costly. Before beginning a Probate, one should always familiarize themselves with the applicable statutes and rules of procedure. Our firm represents fiduciaries and beneficiaries in all Kentucky probate courts by filing the necessary pleadings to admit a decedent's will to probate, preparing all documents and filings required under Kentucky laws and procedures, and preparingincome tax returns for the estate, as well as any required estate tax returns. We take special care during these difficult times to represent families with caring and compassionate counsel, guidance and direction. We are well aware of the stress that legal proceedings often times add to a difficult situation, and strive to complete the formal process as quickly as possible while maintaining an eye towards your expressed goals. Experience enables us to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future. Insurance Law-Personal injury and wrongful death cases invariably involve insurance companies. In the claims process, insurance companies have always held a big advantage over the insured; they have the money, you don't. Insurance carriers, armed with a battery of legal and forensic experts and extensive resources used to investigate and handle claims, have often projected a "David and Goliath" image when dealing with an insured challenging the settlement of his or her claim. Typically, injured clients and families do not understand the claim process until an injury or death occurs. Without foreknowledge of the policy, coverage, exclusions, and interpretations, the insured feels helpless when presented with the insurance carrier's interpretation of the policy terms and settlement offer. Oftentimes, injured individuals and families recover far less than what the policy provides. At Harris J. Berman & Associates, we know the games that insurance companies play, and are well versed in the interpretation of insurance policy language as well as the litigation of insurance claims. We handle insurance issues involving:
We offer clients outstanding service, representation, and results in all aspects of insurance law, including litigation, mediation, and arbitration. Harris J. Berman and Associates The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Harris J. Berman and Associates. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |