William J. Driscoll’s Answers

William J. Driscoll

Louisville Employee Benefits Lawyer.

Contributor Level 8
  1. In a case of wrongful death. Will I receive the proceeds of the settlement or will it be divided among siblings?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. William J. Driscoll
    3. David J Don
    4. Robert Bruce Kopelson
    5. James Otto Heiting
    6. ···
    6 lawyer answers

    In Kentucky, wrongful death actions are prosecuted by the personal representative of the Estate (Executor if there is a Will), but any proceeds recovered for wrongful death pass outside of the Estate, after funeral expenses and the cost of administration. Pursuant to KRS 411.130, wrongful death proceeds are divided equally among the children, if there is no surviving spouse. However, if there is a viable claim for pain and suffering, these proceeds would go into the estate. If the case...

    6 lawyers agreed with this answer

  2. April 2011 csx train accident involving a ups frt delivery truck hire a lawyer in timely manner can I hire a different lawye.

    Answered 10 months ago.

    1. Kevin Coluccio
    2. Brian C. Pascale
    3. Christian K. Lassen II
    4. Julie A Butcher
    5. William J. Driscoll
    6. ···
    7 lawyer answers

    You should schedule a face to face meeting with your lawyers ASAP and ask them to explain the status of your case. The statute of limitations for most personal injury claims is 1 year (longer for car accidents), so you need to find out if suit has been filed and, if not, whether your lawyers have obtained a Tolling Agreement with CSX to prevent your deadline from expiring. I would also be concerned about the Release language in your Worker's Comp Settlement Agreement, as many of these contain...

    5 lawyers agreed with this answer

  3. If a trucking accident happened in Montana, im from texas, the other company is from or. and the other driver is from fl

    Answered 10 months ago.

    1. Papool Subhash Chaudhari
    2. Vuk Vujasinovic
    3. Marc Christopher Lenahan
    4. Brian C. Pascale
    5. S. David Rosenthal Esquire
    6. ···
    12 lawyer answers

    You can file suit in the state where the accident happened, the state where the truck driver resides, and the state where the trucking company is considered a citizen (state of incorporation and state of principle office is located). In trucking cases, there are often other possible defendants, such as the broker, manufacturer, owner and repair shop. You need to discuss this with a lawyer experienced in tractor trailer cases, as there are several variables to be considered (location of...

    5 lawyers agreed with this answer

  4. Should an Offset, taken by an LTD for a child SSDI, go away when that child turns 18 and is determined to be disabled by SSA?

    Answered 10 months ago.

    1. Robert E. Bellin Jr.
    2. William J. Driscoll
    3. Jeremy Lyle Bordelon
    4. Clifford Michael Farrell
    4 lawyer answers

    Yes, the offset should go away. Most group LTD policies have an offset provision for "Other Income", which is defined by the policy. The majority of policies define "Other Income" as your primary SSDI, worker's comp benefits, etc. A few years ago, many insurers added dependent's SSDI to the definition of "Other Income", and the Courts let me get away with it (despite a good argument that the money is intended for the minor's care). If your daughter is receiving her own SSDI, that is not...

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  5. Can an Administrator or Executor get decedents medical records if there is a question to medical neglect?

    Answered about 4 years ago.

    1. Adam B. Lederman
    2. Ricky Bagolie
    3. William J. Driscoll
    4. Joel Andrew Gordon
    4 lawyer answers

    The Administrator or Executor is entitled to a copy of the decedent's medical records. Exactly what document is needed to prove the person's status depends on state law. In KY, the document is called a Certificate of Qualification.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Can an estranged widow file a wrongful death lawsuit and seek damages for the death of the estranged spouse?

    Answered over 4 years ago.

    1. William J. Driscoll
    2. Walter Kane
    3. Michael J. Helfand
    4. Morgan G Adams
    4 lawyer answers

    Wrongful death claims are controlled by state law, so it depends on where your spouse resided and/or where he was killed. In Kentucky, a wrongful death claim is pursued by the deceased person's estate. Anyone can file a petition to be in charge of the estate, but the probate court usually is going to give preference to whoever stands to inherit the recovery. So, if the spouse had a Will, one needs to see who inherits under the Will. If there is no Will, state intestacy laws apply. In...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Curent emp on LTD, payout given to emp as of 1/14/14...I should be entitled?

    Answered 9 months ago.

    1. Thomas Carson Walker
    2. William J. Driscoll
    2 lawyer answers

    In the absence of an agreement to the contrary, you should qualify for those benefits. But your Separation Agreement sets forth your rights regarding compensation and employee benefits. You need to consult with a CA attorney with experience in employee benefits and contract law.

    1 lawyer agreed with this answer

  8. Iam on long term disability from my company and they are giving out a severance package.Can i collect both.

    Answered 11 months ago.

    1. Robert Andrew Kerr
    2. William J. Driscoll
    3. Samuel Cohen
    3 lawyer answers

    Possibly, it depends on the terms of your severance package. Most contain language releasing all possible claims against your employer, so if your LTD benefits are self-funded by your employer, that would be a problem, unless the company would agree to exclude your LTD claim. If your LTD benefits are insured and administered by an insurance company, such as MetLife or CIGNA, you probably can receive both, as long as you ensure that you aren't releasing your LTD claim by receiving the...

    1 lawyer agreed with this answer

  9. Who should receive awarded wrongful death benefits if spouse is deceased also.?

    Answered over 4 years ago.

    1. William J. Driscoll
    2. Claude Armand Wyle
    3. David Hughes Harris
    4. James Otto Heiting
    5 lawyer answers

    The distribution of wrongful death proceeds is controlled by state law. You should call an attorney licenced in AR, and also ask if a motion can be filed to compel distribution. There usually is not any reason to wait, unless the estate is waiting on a response from Medicaid or Medicare about the existence / amount of a lien.

    1 lawyer agreed with this answer

  10. Can I sue on behalf of my mother who was not cared for properly in a nursing home?

    Answered over 4 years ago.

    1. Jason Alexander Richman
    2. Michael W. Clancy
    3. William J. Driscoll
    4. Claude Armand Wyle
    5. Michael J. Helfand
    5 lawyer answers

    If the state inspectors substantiated neglect, then you, as the Executrix, likely can assert a valid claim on behalf of the estate seeking compensatory damages and, possibly, punitive damages. I suggest you contact a NY attorney experienced in handling nursing home neglect cases.

    1 lawyer agreed with this answer

We can help. Contact us today. 1-877-587-1983. Free initial consult.

877-587-1983