Frequently Asked Questions

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  • Have you been hit with a huge overdraft fee on a small debit card purchase?

    It may be because the bank has wrongfully manipulated the order in which it processes your debit card transactions.  Some banks have been hit with class action lawsuit because they processed payment of debit card transactions from largest to smallest amounts in order to maximize any overdraft fees they could assess. See the Bucks blog on the New York Times: Chase Agrees to Settle Lawsuit on Overdraft Fees and Debit Overdraft Fees, While Voluntary, Are Still Steep.  

     

     

     

  • How do I prove that my company has a "glass ceiling" for women?

    There is no one way to prove that a company has a "glass ceiling" for women or for anybody else for that matter; each case has to be viewed on its own facts. 

    But it is possible to get guidance from other cases and situations.  See the court's decision in Conti v. American Axle and Robert Abell's discussion at Sex Discrimination and the Glass Ceiling.

    If you have suffered sex discrimination or discrimination because of a glass ceiling, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076. 

  • What is included in an employee's "regular" pay rate for purposes of calculating their overtime pay rate?

    Determining an employee's "regular" hourly pay rate is important for determinining their overtime pay rate because the overtime rate must be at least one and one-half times their regular rate.

    "The regular rate by its very nature must reflect all payments which hte parties have agreed shall be received during the workweek exclusive of overtime payments," said the United States Supreme Court in Bay Ridge Operating Company v. Aaron, 334 U.S. 446, 461 (1948).    The determination of an employee's "regular" hourly rate is not limited by how the employer characterizes payments made to an employee such as bonuses or per diems as Robert Abell has discussed on his Kentucky Employment Law Blog, "Per Diem Payments Ruled Part of Employee's Regular Wage Rate for Purposes of Calculating Overtime Rate."

    If you have questions about overtime compensation that may be owed you, contact Lexington, Kentucky overtime attorney Robert Abell at 859-254-7076.

     

  • How long do I have to file a personal injury lawsuit in Kentucky?

    For most personal injury lawsuits you have one year from the date of injury to file a lawsuit.  If you were injured in an auto accident in Kentucky, you have two years to file a lawsuit. 

  • What is a personal injury case?

    If you have been injured through the fault of someone else (whether a person, company, animal or property), you likely have a personal injury case.  The damages you have sustained as a result of someone else's negligence or intentional wrongdoing are compensated by the payment of money.

  • How do I know if I have a personal injury case?

    If you have been injured through the fault of someone else (whether a person, company, animal or property), you likely have a personal injury case.  The damages you have sustained as a result of someone else's negligence or intentional wrongdoing are compensated by the payment of money.

  • How long do I have to file a personal injury lawsuit?

    Generally and for most types of personal injury cases, you have one year from the date that you were injured to file a lawsuit.  This is a general rule for most but not all personal injury lawsuits.  The time limit on the filing of a personal injury lawsuit can vary depending on your type of injury, how you sustained that injury and who caused you that injury.

  • What is a statute of limitations?

    Generally and for most types of personal injury cases, you have one year from the date that you were injured to file a lawsuit.  This is a general rule for most but not all personal injury lawsuits.  The time limit on the filing of a personal injury lawsuit can vary depending on your type of injury, how you sustained that injury and who caused you that injury.

  • Do I need an expert witness?

    Whether you need an expert witness depends on the type of case you have.  An expert witness may be necessary to prove the fault of the person or company that injured you.  Or an expert witness may be needed to prove the full scope of the damages you have sustained.  For instance, an expert witness might be necessary to present proof of future medical bills or of future lost wages. These are just two types of examples, although they are the most common.  Part of our job is to find a well-qualified expert if your case needs one.

  • What Happens In a Case Before the Trial?

    The time between when a lawsuit is filed and when it goes to trial is mainly devoted to what is referred to as "pretrial discovery."  During the pretrial discovery stage, the parties obtain or develop their own evidence and learn about the evidence that the other side intends to present at trial.  Pretrial discovery includes, among other things, depositions, written questions known as interrogatories, production of documents and identification of witnesses.  It is a very important part of your lawsuit.

    Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees that have suffered discrimination; contact him at 859-254-7076. 

  • What are compensatory damages?

    In a personal injury lawsuit, you can recover money damages to compensate you for your lost income past, present and future, pain and suffering past, present and future along with other losses or damages that are the fault of the person or company that injured you.  Of course, recovery of any damages depends on adequate proof that of your injuries as well as that they were caused by someone else's fault.

  • What all can I recover in a personal injury lawsuit?

    In a personal injury lawsuit, you can recover money damages to compensate you for your lost income past, present and future, pain and suffering past, present and future along with other losses or damages that are the fault of the person or company that injured you.  You may also be able to recover punitive damages.  Of course, recovery of any damages depends on adequate proof that of your injuries as well as that they were caused by someone else's fault.

  • What are punitive damages?

    Punitive damages can be awarded, in addition to compensatory damages, if there is proof that the person or company that injured you acted with gross negligence or with intentional disregard for your rights.