Timothy D. Belcher's Answers

Timothy D. Belcher
Elkhorn City Car / Auto Accident Lawyer.
Contributor Level 7

2

Attorney answers:

  1. Timothy D. Belcher
  2. Andrew Daniel Myers

Do I have an legal option to defend myself against slanderous behavior?

Asked by a user in Frankfort, KY - over 1 year ago.

In Kentucky, To establish defamation, a plaintiff must show (1) defamatory language, (2) about the plaintiff, (3) which is published, and (4) which causes injury to reputation. Columbia Sussex Corp., Inc. v. Hay, 627 S.W.2d 270, 273 (Ky. App. 1981). The words complained of must be of such a nature that courts can presume as a matter of law that they do tend to denigrate or disgrace the plaintiff, or hold him up to public hatred, contempt or scorn. See Digest Pub. Co. v. Perry Pub. Co., 284 S.W....

1 person marked this answer as helpful

2

Attorney answers:

  1. Timothy D. Belcher
  2. Barry Franklin Poulson

Should I plea not guilty to my possession charge to get it reduced?

Asked by a user in Lexington, KY - 6 months ago.

You should not plead guilty at your first appearance. Plead not guilty and speak to a criminal defense attorney.

2

Attorney answers:

  1. Timothy D. Belcher
  2. Theodore W. Robinson

My boyfriend was arrested for 3 counts of unarmed robbery how much time will he get?

Asked by a user in Canada, KY - over 1 year ago.

If he is charged with Robbery in the 2nd Degree the penalty is 5 to 10 years per count, which can run concurrently (together) or consecutively (one after the other) so this would mean a minimum of 5 years to a maximum of 30 years for 3 counts. Unarmed Robbery can be Robbery in the 1st degree. It depends if physical injury was caused to the victim or if a threat was made with a dangerous instrument during the robbery. Here is the Kentucky Revised Statute on 1st Degree Robbery. 515.020...

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Attorney answers:

  1. Timothy D. Belcher

If you have neglect charges brought against you that were unintentional and the county attorney decides not to do anything with

Asked by a user in Whitley City, KY - over 1 year ago.

I do not know if I clearly understand your question but I will give it a try. First, a neglect charge is always unintentional. Who are "They"? and what are the exact charges that are being considered? You mentioned the County Attorney. He would only have an input on a misdemeanor charge in KY. The Commonwealth's Attorney could bring felony charge through the grand jury at anytime since there is on statute of limitations for a felony in Kentucky. Based on your question it sounds...

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Attorney answers:

  1. Eric Edward Rothstein
  2. Andrew Daniel Myers
  3. Timothy D. Belcher

Insurance company offered me 500 dollars to settle. Should I be getting more?

Asked by a user in Albany, NY - over 1 year ago.

You need to consult an attorney in your state. I think you should be getting more. Since you have already been offered 750 ask the attorney you see if he or she would take you case and not charge you on the first 750 dollars in recovery.

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2

Attorney answers:

  1. Glenn Jay Holzberg
  2. Timothy D. Belcher

If I am in an accident and found at fault, am paying the other persons insurance bill. Am I responsible to pay her deductable?

Asked by a user in Portland, ME - over 1 year ago.

I do not practice in your state and you should consult an attorney in your state. If this happened in Kentucky where I do practice the following would be my advice to you; You will have to pay the deductable. This is an amount she is out of pocket. If you do not pay it she will not be made whole. Her case will probably hold up in Court and no it is not worth it for you to take it to court. You should pay her, based on the information you have given.

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Attorney answers:

  1. Thomas Patrick Malone
  2. Lars A. Lundeen
  3. Timothy D. Belcher
  4. Nima Taradji

Is there a chance of not being awarded monetary damages in an auto accident case?

Asked by a user in Clewiston, FL - over 1 year ago.

There is always a chance that monetary damages will not be awarded. In depends on a number of factors. How will the relative present to a jury? What medical proof can be provided? in other words what does the treating doctor say about the shoulder injury and the cause of the shoulder injury. The defense lawyer will have all of your relatives medical records for trial and will probably send your relative for an IME (a doctor's exam which is paid for by the Defendant's Insurance company),...