WKU Found to be Responsible in Rape and Murder of Student
Bowling Green, KY - More than six years after the rape and murder of Melissa Kaye "Katie" Autry, the Kentucky Board of Claims has affirmed a hearing officer's finding that WKU employees negligently allowed her assailant access to her dorm room. The Board of Claims awarded her estate the maximum amount allowed in the Board of Claims, $200,000.
On May 4, 2003, Stephen Soules assaulted, raped, and murdered Katie Autry in her Poland Hall dorm room. The Board of Claims found that WKU breached its duties to her by failing to follow established security procedures. WKU failed to lock the Poland Hall front door, failed to monitor the lobby, and failed to require the assailant to sign the desk registry. Because of these breaches, Soules was able to access Katie Autry's room, assault her, rape her, and set her on fire. She died four days letter from the severe burn and inhalation injuries.
The Board of Claims is an agency of the state that decides certain cases involving the state or its agencies, such as WKU.
Ben Crocker, the attorney for the Estate of Katie Autry, was pleased with the result.
"The Board of Claims has now forced WKU to accept its role in Katie's death. Hopefully, Western will accept this decision as an opportunity to make the dorms safer."
For more information, you can contact Ben Crocker at (270)846-3100.
Hundreds of thousands of people have filed legitimate claims for Social Security disability benefits only to be denied. If you are one of those people you may feel that you are at the end of your rope, but don't be discouraged. Only a minority of claims are approved based on the initial application. Please review Crocker Law Offices Legally Speaking series on Social Security Disability with WBKO's Chris Allen.
Chris: Cyndi we hear a lot about social security, but what qualifies a person to receive social security disability benefits?
Cyndi: Well to be disabled for the purposes of the social security administration a person has to be unable to work because of a mental or physical condition that last 12 months. Either it has lasted 12 months or it's expected to last 12 months, or a condition that is considered terminal. For most cases to get disability benefits you have to have worked 5 out of the last 10 years, and then the amount of your benefits will likely be based on the earnings reported to the social security administration.
Chris: So how would somebody file for those benefits?
Cyndi: Well there are 3 ways you can do it. You can actually go to your nearest social security office and just wait and have somebody help you with an application. You may be waiting several hours but some people find that to be the easiest way to do it. You can also call the social security administration and schedule an online interview and they will take your information over the phone. Or you can go to the web www.ssa.gov and fill out an online application there.
Chris: So don't you need a lawyer to help file that?
Cyndi: Well the initial application you can probably do yourself. Most people are denied on their initial application. If you are one of the fortunate few that are not denied then you probably didn't need a lawyer to help you with it. With that said if someone calls us at Crocker Law and they are really struggling with their initial application then we'll help them.
Chris: So what happens if you're denied?
Cyndi: Once you're denied you need to file a request for reconsideration and about 80% of those are denied. So the final step for most people who get benefits is a hearing before an administrative law judge.
Chris: So it sounds like if you're denied you need to get a lawyer.
Cyndi: That would be my recommendation.
Chris: Thank you Cyndi and that's Legally Speaking.
WKU Found to be Responsible in Rape and Murder of Student
Bowling Green, KY - Six years after the rape and murder of Melissa Kaye "Katie" Autry, a state hearing officer has found that WKU employees negligently allowed her assailant access to her dorm room. The hearing officer awarded her estate the maximum amount allowed in the Board of Claims, $200,000.
On May 4, 2003, Stephen Soules assaulted, raped, and murdered Katie Autry in her Poland Hall dorm room. The hearing officer found that WKU breached its duties to her by failing to follow established security procedures. WKU failed to lock the Poland Hall front door, failed to monitor the lobby, and failed to require the assailant to sign the desk registry. Because of these breaches, Soules was able to access Katie Autry's room, assault her, rape her, and set her on fire. She dies four days letter from the severe burn and inhalation injuries.
Ben Crocker, the attorney for the Estate of Katie Autry, was pleased with the result. "Today, WKU is held accountable for the mistakes it made that lead to Katie's death. We hope that Western will take this opportunity to make its dorms safer for all Western Students."
For more information, you can contact Ben Crocker at (270)846-3100.
Are you really in good hands with Allstate? Cyndi Crocker from Crocker Law Offices sat down with Whitney Ray from WBKO in Bowling Green, Kentucky to discuss whether car insurance companies treat injury victims better when they put their claims in the hands of a lawyer.
Whitney: It's been said that people represented by lawyers get three times as much money as people who aren't represented at all. Cindy, what it is that lawyers know that the rest of us don't?
Cyndi: Well, Whitney, that quote you just gave about three times the money, that actually comes from an Allstate Insurance Company training manual. Their point is, they're trying to teach adjusters: get in there early; act friendly; keep them from getting lawyers because we know we'll pay them more money if they're represented.
Why? Well, you know, there are several reasons. One is that insurance adjusters are professional negotiators. Lawyers are professional negotiators. So it's a more of an even match up. Not only is the average person in an accident not used to doing this, they're at the worst time in their life. You know, they've just been in an accident, they're very vulnerable, they want to get this over with.
The second thing I would say is, knowledge is power, and the lawyers working the case know what you're supposed to get. They know the kind of damages we should be looking to get you compensated for.
And finally, they expect you to prove it, so if I'm going to say, this person's going to have a life time of medical care or this person had a lot of medical bills already, I've got to put that proof together, and at Crocker Law, we have a whole staff of people, this is what they do. They get your bills, they get your records, they order these narrative reports I need from doctors to make that case and get you that money that's fair.
Whitney: But what if I think that I am getting a fair offer?
Cyndi: Well, that would be my final word of caution. I think one reason people take too little money is because they make the offers a little bit confusing. You know, I had a guy in my office the other day and he'd been offered $10,000. And he said, you know, I'm satisfied with this, but what do think? And when I looked at it, I pointed out to him that you have $4,000 in medicals that haven't been paid and won't be paid. He didn't know that. So, understanding the offer is important too.
Whitney: All right, very good. Thank you so much and please join us again next time for Legally Speaking.
"Insurance for Less" Also Means Less Insurance
If you watch an hour of television these days you are likely to see an advertisement for car insurance. I know, lawyers are fine ones to talk about advertising. It is worth noting, though, that we are seeing a shift in how insurance is sold and in the type of products being offered. Increasingly ads are promoting policies that "keep you legal" or provide "state minimum coverage". You are told that you don't need an agent. You can sign up online, or you can call the 800 number. There is even an ad that depicts an insurance agent as a middle man just adding to the cost of the transaction.
An agent is more than a sales person. A good insurance agent will review with you what your needs are and how various policy options will work. Increasingly I see clients with poor insurance coverage and no understanding of how it works. The least helpful time to have someone explain your coverage to you is AFTER you have been in a car accident. The ads don't really explain what it means to have state minimum coverage. In Kentucky that means that you have $25,000 of liability insurance, which is insurance to pay someone else if you cause a bodily injury or death. That is what the law requires. What happens if you hurt someone badly and their claim is worth more than $25,000? You can be responsible for the difference. Some people are what we call "judgment proof", which means that they have no income, money or property that could be taken to satisfy a judgment. If you are judgment proof you may be comfortable with minimum liability coverage. If, on the other hand, you have wages that can be garnished and property that can be seized, you should really think about procuring better coverage to protect your assets and to keep yourself from being embroiled in the litigation of a car accident claim.
A really cheap car insurance policy might include deductibles, including a $1,000 deductible on your no-fault (PIP) coverage. A no-fault deductible leaves you without coverage on your first $1,000 of wage loss or medical bills, which your health insurance may or may not pick up. "Insurance for less" may not include uninsured or underinsured motorist coverage, and is unlikely to include collision coverage for damages to your own car.
In a tough economy people make tough choices and you may not be able to afford the best policy available, but I do recommend that you at least meet with a respected agent and review your options. Know what you are giving up for every dollar saved.
Social Security Beneficiaries to Get Economic Recovery Payments
In an official press release on March 31, United States Vice President Joe Biden, along with Social Security Commissioner Michael J. Astrue, announced that economic recovery payments of $250 would be sent to those who receive Social Security and Supplemental Security Income (SSI) benefits in early May 2009 and will continue through that month. Beneficiaries will not need to take any action to receive this payment. It will be sent automatically and will come as a separate payment from the recipient's regular benefits check.
This $250 payment stems from the American Recovery and Reinvestment Act of 2009. It provides for a one-time payment to adult Social Security beneficiaries, along with SSI recipients, with the exception of those who receive Medicaid in a care facility. The qualifying factor for an individual to receive this one-time payment is that they must be eligible for Social Security or SSI during November 2008, December 2008 or in January 2009.
This legislation also allows for a payment to Veterans Affairs (VA) and Railroad Retirement Board (RRB) beneficiaries. However, if those recipients also receive Social Security or SSI, they will only receive the $250 payment one time. People receiving Social Security or SSI are asked not contact the agency unless they have not received this payment by June 4, 2009.
Rating System for Nursing Homes Offers Real Help to Kentucky Families
Placing a loved one in a nursing home can be a very tough decision, followed by the equally tough decision of which home to choose. Until recently families had little information to work with, relying mostly on observation and advice from other families. Fortunately, the Center for Medicare/Medicaid services (CMS) now has a rating system for nursing homes. This five star rating system evaluates nursing homes on quality measures, nursing home staffing, and health inspections. It also gives an overall rating of the entire nursing home.
You can find the five star ratings for nursing homes by visiting the Medicare website. This site allows you to find ratings for nursing homes by county, state, city, zip code, or name of the nursing home. A brief review of the nursing homes in western Kentucky shows some five star facilities, but a considerable number of one and two star rated nursing homes as well.
I recommend that families pay particular attention to the rating with regard to staffing. Low staffing is one of the most common reasons for poor care in nursing homes. In order to be listed as a five star facility, nursing homes should provide at least 4.08 hours of combined nurse and nursing assistant care per day per resident. This calculation was derived from a 2001 government study that identified 4.08 hours as the minimum staffing level required to avoid pressure sores, severe weight loss, infections, and other harm to residents.
The Medicare website provides detailed information on health inspections, staffing ratios, and quality measures in the nursing home. The website also has a "compare" feature that allows you to do a quick comparison between up to three nursing homes.
While this rating system is an important tool in choosing a nursing home, no one should rely solely upon the ratings. When choosing a nursing home it is important to make a personal visit. It is important to observe the conditions of the home, talk with other family members, and read inspection records. The nursing home ombudsman program may also be a good resource for help in finding the appropriate nursing home for you or your loved one and for support and advice after placement. For Bowling Green, Kentucky and surrounding areas see www.klaid.org/ombudsman.
Understanding Kentucky "No-Fault" Insurance Coverage
Many people have heard of "no-fault" insurance coverage, but find the term confusing. A car accident is almost always somebody's fault. In Kentucky "no-fault" is just a term for a type of auto insurance coverage, also called PIP (Personal Injury Protection) or BRB (Basic Reparation Benefits) that pays for medical bills, wage loss and certain other expenses, immediately after an accident. Every car or truck insurance policy issued in Kentucky has to include no-fault coverage unless formal steps are taken to waive it, which rarely happens (no-fault is not required coverage for motorcycles). It is referred to as "no-fault" because, generally speaking, you will get no-fault benefits from the car or truck in which you are a driver or passenger when an accident happens, regardless of who is at fault. You can even get no-fault benefits in a single vehicle collision that is your own fault.
Of course, if you are hurt in an accident that is not your fault you can still have a claim against the person who caused the wreck (a liability claim). Standard no-fault benefits only cover the first $10,000 of your medical bills and wage loss. If you have more than $10,000 in medical expenses or lost wages, those damages (losses) are part of your liability claim along with other damages not covered by PIP, such as pain and suffering, future medical expenses, and future impairment of your ability to work.
I always advise my clients that we don't want to present a liability claim for settlement until we know the full extent of their injury and can show all of the expenses and suffering that have been caused. Whenever possible we wait until a client is at maximum medical improvement (MMI) before pushing for a settlement or presenting the case for trial. This makes no-fault coverage all the more important because it provides some payments along the way, before the liability claim is resolved.
As you are seeking medical treatment, you can have medical bills submitted directly to your no-fault carrier. If you are missing work due to your injury the standard no-fault policy will pay up to $200 a week for wages. You have the right to designate whether you want to reserve your benefits to pay wage loss or have them applied to medical expenses.
While it is the general rule that no-fault coverage comes from the vehicle you are in when the accident happens, there are other policies that might provide this coverage to you if you are hit as a pedestrian or injured while in an uninsured car or truck. Do not assume that there are no benefits available until you have spoken with a lawyer.
In this case a coal truck driver, Donald Slusher, was killed when a co-worker's truck rolled into the building he was occupying. An investigation by the Mine Safety and Health Administration (MSHA) determined that the accident was caused because the coworker negligently failed to apply the parking break before exiting the truck. The victim's estate received worker's compensation benefits. The estate also claimed benefits under the UM (uninsured motorist) and/or UIM (underinsured motorist) coverage purchased by the victim on his own personal vehicle. One is generally entitled to benefits under a UM policy when the at-fault driver has no insurance and to UIM benefits if the at-fault driver has insufficient insurance.
State Farm moved to dismiss the case because the victim did not have an automobile negligence claim against the co-worker. The victim did not have a claim against the co-worker because, generally, if you are covered by workers' compensation insurance the only claim you can bring against your employer or a co-worker is under the workers' compensation system (See
