These lists recognize attorneys in each state “who exhibit excellence in the practice of law.”
The Super Lawyers lists recognize no more than 5% of attorneys in the state. For Rising Stars for younger attorneys, it recognizes no more than 2.5% of younger attorneys in the state. Super Lawyers is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes which helps assure a credible and relevant annual list.
The Super Lawyers lists are published nationwide in Super Lawyers magazines, regional magazines, and newspapers across the country.
Todd is an experienced trial attorney at Varellas & Varellas focusing on serious personal injury cases involving trucking collisions, car wrecks, fatal accidents and wrongful death, as well as nursing home abuse and neglect.
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HCSMs are organizations through which members share medical expenses among themselves. But HCSM plans must meet strict requirements in order to avoid being regulated as insurance products. For example, under federal law, an HCSM must have been in existence with members continually sharing health care costs since 1999, and under Kentucky law, all members of an HCSM must be members of the same denomination or religion. Since its inception, Aliera failed to comply with these requirements.
With this judgment, it is now established that despite the claims by Aliera that its health plans were “not insurance,” they were in fact insurance products as a matter of Kentucky law. Further, it is also established that the health insurance policies Aliera sold to customers as cheaper alternatives to traditional health insurance coverage did not comply with important requirements of Kentucky and federal insurance law, including requirements designed to protect consumers and ensure adequate funds were available to cover health care expenses.
In addition, the court’s judgment found that each Kentucky customer who purchased products from Aliera during the period it partnered with Trinity HealthShare, Inc. (which subsequently began doing business as Sharity Ministries, Inc.) is entitled to either (1) payment of the claims they submitted that have not yet been paid, or (2) a refund of the policy premiums they paid. In July, Trinity filed for bankruptcy protection in Delaware, and its chief restructuring officer in that matter has calculated that there were $3,112,951 worth of medical bills submitted by Kentucky policyholders that have not been paid and Kentucky policyholders have paid a total of $2,189,003 in premiums. Assuming each policyholder would elect to receive the higher of their unpaid claims or a refund of their premiums paid, the court arrived at the total amount of $4,696,124.
The litigation on behalf of customers who allege they were defrauded by Aliera, Trinity and Aliera’s former business partner Unity Healthshare, LLC (now doing business as OneShare Health, LLC) will continue. This judgment only encompasses the second phase of Aliera’s fraud, when it sold sham HCSM policies through Trinity. During the first phase of its fraud, Aliera sold purported HCSM policies through Unity/OneShare. The case in federal court in Lexington will continue until all claims against Aliera, Trinity and Unity/OneShare are fully resolved.
The case is styled Albina and Willard v. The Aliera Companies, Inc., Trinity HealthShare Inc., and OneShare Health, LLC d/b/a Unity HealthShare, LLC, No. 20-496 (E.D. Ky.). In recent years, the fraud at issue in this case has been covered by a number of newspaper and other media outlets around the country, including a recent segment on Last Week Tonight with John Oliver.
Class counsel in this matter are James J. (“Jay”) Varellas III and D. Todd Varellas of Varellas & Varellas; Jerome P. Prather of Garmer & Prather PLLC; William H. Anderson, George Farah, Stephen Pearson and Rebecca P. Chang of Handley Farah & Anderson PLLC; and Richard E. Spoonemore and Eleanor Hamburger of Sirianni Youtz Spoonemore Hamburger PLLC.
Attorneys from Sirianni Youtz also represent the committee of creditors in the Trinity bankruptcy in Delaware and serve as counsel for similar cases against the same defendants in several other states.
A copy of the original Class Action Complaint in the case is available at this link.
News reports about the lawsuit and judgment entered can be found on the websites for the Lexington Herald Leader ] and WTVQ.
For inquires about this lawsuit, contact Varellas & Varellas at 859-252-4473.
]]>Hiring an attorney that’s able to turn over every stone is vital to reaching the maximum recovery for you. The attorneys at Varellas & Varellas have the knowledge and experience to aggressively pursue your claims following a collision with a tractor trailer along with a track record of results. These results put insurance companies on notice that your case will be effectively litigated to recover all the benefits due you.
In Lexington, Fayette County, Kentucky alone there were 3,730 crashes involving heavy trucks between 2014 and 2018 while in Jefferson County there were 10,249. While Fayette and Jefferson Counties had the most accidents involving heavy trucks, the annual crash rate based upon each county’s population sheds light on which citizens of Kentucky are most at risk for being injured by a tractor trailer. Broken into five categories for increasing populations, the report determined Gallatin, Carroll, Hart, Scott, and Boone counties had the highest rates of collisions involving heavy trucks based on their populations.
The Kentucky Transportation Center (“KTC”) published the Kentucky Traffic Collision Facts Report analyzing crash data in Kentucky from collisions in 2019. For crashes involving trucks weighing over 10,000 pounds, which include tractor trailers, the KTC report found a recent increase in the number of crashes compared to the previous four-year average. Unfortunately, this increase in negligent driving has also increased the number of injuries and fatalities involving tractor-trailers crashes.
According to the KTC report, the most frequent contributing vehicular factors for tractor-trailer collisions in 2019 were as follows: Defective Brakes, Defective Headlights, Other Lighting Defects, Steering Failure, Tire Failure, Tow Hitch Failure, Overload/Improper Load, Oversized Load, and Load Securement. The top driver contributing factors leading to collisions were: Inattention, Misjudge Clearance, Not Under Proper Control, Failure to Yield Right of Way, Following Too Close, Too Fast for Conditions, and Distraction to name a few.
While this data focuses only on the tractor trailer and driver, it is often the negligent and sometimes intentional practices of the company that hired the driver and owns the truck which ultimately plays a major role in causing the collision. Unfortunately, the conduct of some companies frequently highlights practices aimed at earning higher profits rather than protecting your family’s safety. Inspections can be rushed and repairs can be pushed back – all aimed at making an extra few dollars while putting you at risk. Aggressively pursuing every trucking case is essential to your maximum recovery as punitive damages are often proper due to gross negligence and punitive damages can drastically increase the value of your claim.
After a collision, trucking companies or their insurance companies will immediately begin their investigation to gather as much information as possible to build a defense against your potential case. Hiring an attorney as soon as possible is not only vital to ensuring important evidence is preserved and gathered on your behalf, but doing so can also provide you with peace of mind while recovering from any injuries sustained. Our attorneys take the weight and stress of the claims process, gathering of medical records and medical bills and allow you and your family to focus on treating your injuries. The insurance company for the tractor trailer will try to obtain your statement from you seeking information which could potentially be used against you. Hiring an attorney immediately after the collision will protect you from the predatory practices frequently utilized by insurance companies.
If you are injured, the insurance company may offer a small settlement before you have contacted an attorney that some individuals may find attractive considering the stress and uncertainty of the situation. If this occurs, the adjuster is undoubtedly undervaluing your claim. It is important to hire an experienced attorney to ensure all areas of recovery available to you are being accounted for prior to signing any release of claims. You are not only entitled to past medical expenses in Kentucky, but also lost wages, property damage, future loss of earning capacity, future medical expenses, pain and suffering, and mental anguish as well as punitive damages.
With offices in Lexington and Louisville, Kentucky, Varellas & Varellas is perfectly situated to handle collisions involving tractor trailers across the entire state. Collisions involving tractor trailers resulting in any degree of injury are complex and normally require the assistance of an attorney to not only ensure you are fully compensated, but also to hold truck drivers, their companies, and the industry accountable for their actions.
Contact us locally at 859-252-4473 or 502-595-7955 or call us toll free at 877-634-1519. You can also use our online form to talk with one of our experienced trial lawyers about your potential claim involving a tractor trailer or for any other matters relating to wrongful death, dog attack, car wreck, nursing home neglect or abuse, medical malpractice or other personal injury.
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So what should you do if you slip and fall on someone else’s property and have sustained an injury? If you believe you have been injured or if you sustain an obvious injury, it is important to go to the doctor as soon possible not only to document how and when the fall occurred, but also to begin your treatment and assess your injuries. If your injuries are not documented in a medical record, it can make pursuing any potential claim much more difficult.
Land owners and operators open to the public in Kentucky have a general duty to ensure their premises are reasonably safe and to provide such safeguards against injury from ice and/or snow as any ordinarily prudent owner and operator would under the same or similar circumstances. In other words, owners and operators have the responsibility to take steps necessary to remove any known dangerous conditions on the premises.
Often times, a third-party snow removal company has been hired to take on the responsibility of eliminating dangerous conditions which may arise on the property. Like with any industry, the skill and attention to detail for third-party snow removal companies can vary widely. These third-party contractors can range anywhere from a one man crew with insufficient equipment and assistance who attempts this type of work on the side all the way to professional snow removal companies using the industry’s best equipment who only do snow and ice removal. Despite this, the responsibility of land owners and operators along with any third-party contractor remains the same.
Standards for those working in the snow and ice removal industry exist and should be followed in an effort to establish best practices which result in safe property conditions. While these standards are not currently mandated under Kentucky law, they are (or at least should be) widely known across the snow and ice removal industry.
The injuries one might sustain from a slip and fall accident can often be significant with the additional potential to snowball into long-lasting serious injuries resulting in prolonged impairment. The most common injuries for people who fall on ice consist of muscle sprains and ligament strains, fractures, back and disc injuries, and head injuries which could cause a traumatic brain injury. The full prognosis is often not known right after the initial injuries, and instead it can take time to fully evaluate and determine the severity of the injuries.
In Kentucky, you will generally have one year from the date of your slip and fall injury to either resolve any premises liability claim you may have or to file a lawsuit to recover any damages. It is important to hire an attorney as soon as possible following your injury rather than at the end of any course of medical treatment in order to begin gathering and preserving as much evidence as possible. You can assist with this process by moving quickly after your injury to take photos of the scene and your injuries along with recording the names and contact information for any potential witnesses. Furthermore, many owners and operators of public places have policies and procedures in place requiring them to complete an incident report or to maintain other evidence such as surveillance video. Be sure to complete any incident reports with accurate information.
If you or someone you know has been injured in a slip and fall on ice or snow or a slip and fall caused by a defect or obstruction in the property, call us toll free at 877-634-1519 or contact us at 859-252-4473 or 502-595-7955. To send information to one of our experienced trial lawyers about your potential claim, please use our online form. It is important to consult with an attorney prior to discussing any incident with the opposing party or their insurance company. Claims can be made for any type of slip, trip, or fall injuries and our attorneys at Varellas & Varellas can help pursue the damages you are entitled to receive.
]]>The average fine for nursing homes in Kentucky was more than $83,000, the sixth highest average in the country. Six nursing homes in Kentucky were well above the average and were each fined more than $375,000 over the last three years: Danville Centre for Health and Rehabilitation ($616,110); Signature Healthcare at North Hardin Rehab & Wellness in Radcliff ($523,868); Westport Care Center in Louisville ($508,495); Prestonsburg Health Care Center ($425,901); Mountain View Nursing and Rehabilitation Center in Pineville ($425,705); and Stanton Nursing and Rehabilitation Center ($377,738). Twin Rivers Nursing and Rehab Center in Owensboro, Kentucky has also been flagged for having a history of serious quality issues.
Many wonder how this kind of problem arises in facilities that advertise themselves as caring places. Unfortunately, nursing homes are often staffed by overworked caregivers and inadequate staff-to-resident ratios are common. When staff is overworked or exhausted, negligence becomes more likely. Additionally, residents can become isolated if they have disabilities or are perceived as “difficult.”
Sometimes there are also issues with a dishonest or dangerous staff member who commits intentional acts of abuse, but these are exceptional circumstances. Most nursing home abuse cases are cases of negligence or sometimes recklessness. For cases involving particularly egregious, reckless or intentionally abusive conduct, punitive damages may be available to punish the wrongful conduct and deter the staff member, the facility, and others from acting the same way in the future.
It is always a difficult decision to place a beloved family member in a nursing home and entrust his or her care to staff members. Most residents of nursing homes rely on staff to offer them water, food, medicines, daily hygiene help, and assistance to and from the bathroom. When a staff member withholds any of these necessary elements of care, serious medical problems can result.
Dating back to the 1980s when the media began to report on how widespread neglect and abuse are in the nursing home industry, both state and federal laws have prohibited nursing home neglect and abuse. Under the federal Nursing Home Reform Act, nursing homes that participate in Medicare and Medicaid are required to provide services and activities to allow a resident to attain or maintain the highest practicable degree of well-being. This includes having sufficient nursing staff, developing a comprehensive care plan, and providing necessary services to allow residents not able to take care of their daily hygiene to be able to maintain good nutrition and grooming.
All nursing homes in Kentucky are covered by state law, even those that do not participate in Medicare or Medicaid. In Kentucky, you can bring a lawsuit to enforce the rights granted under Kentucky and federal laws sometimes called the Kentucky Nursing Home Residents’ Rights. If you are able to prove your case against the nursing home, the award may include actual damages, punitive damages, and reasonable attorney’s fees and costs, depending upon the circumstances of your particular case.
The Kentucky Adult Protection Act defines abuse, neglect and exploitation. Abuse is specifically categorized as physical, psychological, and financial. Physical abuse includes uses of force that harm a senior, including sexual abuse, hitting, beating, restraining, or giving them drugs in order to incapacitate them. Psychological or emotional abuse includes threatening, shouting, humiliating or neglecting a senior. The risks of psychological abuse include depression and anxiety. Financial abuse includes theft or extortion.
How do you know that your loved one is being abused? Some signs of abuse include loss of weight, dehydration, bruises, bedsores, significant change in outlook or temperament, wounds, frequent infections, falls and fractures. If you suspect or learn that a loved one was the victim of nursing home neglect or elder abuse, you can file a nursing home abuse lawsuit. Retain experienced Kentucky trial attorneys to reach the most favorable outcome. Attorneys with substantial trial experience are better equipped to skillfully negotiate and advocate for the highest possible compensation for your loss. Contact us at 877-634-1519 or via our online form.
More Blogs
Kentucky Injury Lawyers Blog, “Kentucky Motorcycle Wrecks Result in Numerous Fatalities”
Kentucky Injury Lawyers Blog, “Kentucky Nursing Home Residents’ Rights”
]]>Attorneys at Varellas & Varellas have been representing clients in cases involving nursing home neglect and abuse, personal injuries, trucking accidents, motor vehicle collisions and medical malpractice for more than 40 years and we will be happy to talk with you about your concerns regarding possible mistreatment or neglect of a loved one in a nursing home. We can help you determine whether the rights of your family member or loved one have been violated or ignored. Kentucky law requires that the following rights of nursing home residents be protected:
Contact experienced Kentucky trial attorneys at the Louisville and Lexington offices of Varellas & Varellas to discuss your concerns regarding a loved one’s treatment and care at a nursing home. Under Kentucky law, claims for nursing home abuse and neglect and violation of a resident’s rights must be brought within specified time limits so it is important to contact attorneys as soon as possible so that those deadlines can be met and the claims will not be lost. Contact us using our online form or by telephone at 877-634-1519.
]]>Contact us locally at 859-252-4473 or 502-595-7955 or call us toll free at 877-634-1519. You can also use our online form to talk with one of our experienced trial lawyers about your potential claim involving wrongful death, dog attack, car or truck wreck, nursing home neglect or abuse, medical malpractice or other personal injury.
]]>The driver who caused the wreck was not insured so the Plaintiff proceeded directly against her own uninsured motorist policy issued by Auto-Owners Insurance Company. Auto-Owners was permitted to argue at trial that its liability should be significantly reduced because the Plaintiff was not wearing a seat belt at the time of the collision (despite her having a doctor’s note restricting her use of a seatbelt), but the jury only apportioned 20% of fault to the Plaintiff. William Smock, M.D., biomechanical expert, testified on behalf of the Plaintiff and Michael Voor, Ph.D., Professor at the University of Louisville, testified on behalf of Auto-Owners.
The verdict for the Plaintiff was nearly twice the limit of the Auto-Owners insurance policy and nearly 15 times the highest amount offered as settlement by Auto-Owners over the course of more than 5½ years since the claim was filed.
This Plaintiff’s verdict, along with the $2.4 million jury verdict returned in a previous case tried by Varellas & Varellas in 2015, are among the largest verdicts awarded by juries in Fayette Circuit Court in the past several years in cases involving personal injury or wrongful death. The case was tried by Sandra Varellas and Todd Varellas. Jim Varellas and Jay Varellas also assisted with the case over the course of the lengthy litigation.
Contact Varellas & Varellas to discuss your potential personal injury, wrongful death, nursing home abuse or neglect, tractor trailer wreck, dump truck accident, and motor vehicle collision claims with one of our experienced trial attorneys. Use our online form or reach us by telephone at 877-634-1519 or locally at 859-252-4473 in Lexington or 502-595-7955 in Louisville.
]]>A fall safety engineer and multiple medical experts were prepared to testify at the upcoming trial before the settlement was reached. Since the Plaintiff worked for another company at the time of the injury, in addition to the injury case settled with LFUCG, the Plaintiff reached an additional workers’ compensation settlement for a lump sum and for the payment of future medical expenses in the hybrid personal injury/workers’ compensation case.
D. Todd Varellas was lead counsel working with other attorneys and another law firm in successfully litigating the case. Todd focuses his practice on civil personal injury and wrongful death cases. Todd has been successful in settling numerous cases for his clients and has recently tried multiple personal injury and wrongful death cases to a verdict. One of his recent trials resulted in a jury verdict of $2.402 million (reduced to $2.269 million after apportionment).
One of our experienced trial attorneys is available to discuss your potential claim involving personal injury, nursing home abuse or neglect, motor vehicle collision, wrongful death, medical malpractice or trucking wreck claims. Contact us at 877-634-1519 or via our online form.
]]>The case was litigated by attorneys from Varellas & Varellas, including Sandra M. Varellas, D. Todd Varellas, and James J. Varellas (“Jay”) III.
Sandra has been selected for membership in The National Trial Lawyers: Top 100 Trial Lawyers as one of the top 100 civil trial lawyers in Kentucky and has been selected as one of the Top 100 Litigation Lawyers in Kentucky by the American Society of Legal Advocates, a selective membership which comprises less than 1.5% of all licensed lawyers nationwide. She has extensive litigation and trial experience and represents clients in areas including personal injury, medical malpractice, nursing home abuse and neglect, tractor trailer accidents, motor vehicle accidents, and wrongful death.
Todd has been selected by the National Academy of Personal Injury Attorneys as one of the Top 10 Personal Injury Attorneys in Kentucky under the age of 40, and was previously selected by The National Trial Lawyers: Top 40 under 40, as one of the top 40 trial lawyers under the age of 40 practicing in Kentucky. Using his litigation and trial experience, Todd represents injury clients in areas including nursing home abuse and neglect, medical malpractice, wrongful death, defective products, and motor vehicle wrecks, including semi and truck accidents. Before joining Varellas & Varellas, Todd clerked on the Supreme Court of Kentucky and worked in the area of trial defense in Washington, D.C.
Jay joined Varellas & Varellas after practicing as an attorney at law firms in New York City and San Francisco. Jay has spent much of his legal career litigating large-scale class actions and other complex litigation disputes around the country. While an attorney practicing in New York, he was part of the trial team that tried a multi-billion-dollar class action to a jury verdict in a four-month trial in federal court. He also has trial experience involving claims of bad-faith denial of insurance claims and medical malpractice, and represents clients in cases involving personal injury and wrongful death, including nursing home abuse and neglect, tractor trailer and trucking accidents, motor vehicle accidents, medical malpractice, products liability as well as other areas. Immediately after law school, Jay clerked on the U.S. District Courts for the Eastern and Western Districts of Kentucky.
To discuss your potential personal injury, wrongful death, nursing home abuse or neglect, motor vehicle wreck, medical malpractice or trucking accident claim with one of our experienced trial attorneys, contact us at 877-634-1519 or via our online form.
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