Questions & answers
Common questions.
Straight answers.
If your question isn’t below, ask us directly. We answer the phone.
01 · About the firm
Working with Colyer Law.
The basics.
How much does it cost to hire Colyer Law Firm?
Our attorney fee starts at 25% of your recovery - versus the industry-standard 33% (or higher), and never the 40% some firms charge. You pay nothing unless we win your case. We talk you through every line of the contract before you sign anything.
What should I do right after a car accident in Louisville?
If you're safe: document the scene with photos, get contact info for everyone involved and any witnesses, file a police report, and seek medical care - even if you feel fine (some injuries show up days later). Then call us, before you call the other driver's insurance company.
How long do I have to file a personal injury claim in Kentucky?
In Kentucky, most personal injury claims must be filed within one year of the date of injury (or the date you reasonably should have discovered the injury). Motor vehicle cases can have different limits tied to no-fault benefits. Don't guess - call us and we'll tell you the exact deadline for your facts.
What makes Colyer Law Firm different from the big-name firms?
Three things. First, our fee starts at 25% instead of 33%+, so more of the recovery stays with you. Second, Tony spent years defending insurance companies before switching sides - so we know their playbook. Third, we're locally owned and deeply rooted in Louisville; during business hours, you reach our team directly.
Can I still get compensation if I was partially at fault?
Yes - Kentucky follows a pure comparative fault rule. If you're found 20% at fault, you still recover 80% of your damages. The insurance company will absolutely try to shift blame onto you; countering that is a big part of what we do.
Do you represent union members specifically?
Yes. We have long-standing relationships with UAW, IBEW, Ironworkers, FOP, and Teamsters 783 members and their families. Tony's father and grandfather were both card-carrying union members. If you're union and injured on or off the job, start with us.
What happens at the free case review?
You tell us what happened. We listen. We walk you through your options - including whether you actually need a lawyer (sometimes you don't). No pressure, no paperwork unless you decide to move forward. Usually 20–30 minutes.
Do you handle cases outside of Louisville?
Yes - anywhere in Kentucky. Most of our work is Jefferson, Oldham, Bullitt, Shelby, and surrounding counties, but we take cases statewide.
02 · By practice area
Questions specific to your case.
Automobile Accidents
How much is my auto accident case worth?
It depends on medical specials, lost wages, recovery trajectory, and available insurance limits. We give you a real range after we pull the records and check coverage - not an inflated number just to get you in the door.
Should I talk to the other driver's insurance?
No. Not before you talk to us. The adjuster is friendly because that's the job - friendly gets statements. Statements get used against you later.
What if the other driver was uninsured?
Your own auto policy probably has UM (uninsured motorist) coverage built in. We make a claim against your own carrier - and yes, that's allowed, that's what you paid premiums for.
How long does an auto accident case take?
Most resolve in 6–14 months. Cases requiring surgery or litigation can run 18–24. Cases that settle inside 60 days usually settled for too little.
Tractor Trailer Accidents
Why is a trucking case different from a regular auto case?
Federal regulations (FMCSA), commercial policy limits typically 10–100× higher than passenger auto, professional defense counsel on the case within hours, and electronic data sources that don't exist in passenger cases. The case-building is fundamentally different.
What evidence disappears fastest?
ELD (electronic logging device) data, dashcam footage, dispatch records, and the truck itself if it gets back into service. Spoliation letters need to go out within hours, not weeks.
Who pays - the driver or the trucking company?
Almost always the carrier and its insurer, through respondeat superior. Direct claims against the carrier (negligent hiring, training, retention) can also unlock excess coverage layers.
What if I was partially at fault?
Kentucky's pure comparative fault rule lets you recover even if you share blame. Trucking cases are also more likely to involve federal preemption arguments that the carrier will try to use - we know how to beat them.
Motorcycle Accidents
Does not wearing a helmet hurt my case?
Kentucky doesn't require helmets for adult riders. Failure to wear one is not legal contributory negligence - though carriers and juries may still raise it. We frame this issue carefully.
What if the police report blames me?
Police reports are an officer's opinion based on a brief scene investigation - they are not the end of the case. We routinely overcome adverse police reports with reconstruction and witness work.
Can I recover for road rash and scarring?
Yes. Permanent scarring is its own damages category in Kentucky, separate from medical bills and pain. Photographs across the healing arc matter.
Premises Liability
What if I didn't see the hazard?
Kentucky's open-and-obvious doctrine has limits - and they've narrowed over time. Even an obvious hazard can produce liability if a reasonable owner should have anticipated harm.
How long do I have to file?
Generally one year from the date of injury in Kentucky. Talk to us quickly - surveillance video is on a short cycle.
What if I was wearing the wrong shoes?
It's a comparative-fault argument the defense will raise. It rarely defeats the case. We address it head-on.
Workers' Compensation
Can I sue my employer?
Generally not - that's the workers' comp tradeoff. But you can almost always sue third parties (other contractors, property owners, equipment manufacturers) who contributed to the injury.
What if my comp claim is denied?
Denials are common and usually appealable. We handle the appeal alongside the third-party case.
Will I lose my job for filing?
Retaliation for filing a comp claim is illegal in Kentucky. If it happens, that's a separate cause of action - and we'll handle it.
Nursing Home Negligence
What if we signed an arbitration agreement at admission?
Many nursing-home arbitration agreements are unenforceable, especially when signed under duress or by someone without proper authority. We routinely challenge them.
How long do we have to file?
Generally one year from the date the family discovered (or reasonably should have discovered) the harm. Wrongful death has its own clock.
Will filing affect Medicaid / Medicare?
Liens may attach to a recovery, but we negotiate them down. Filing doesn't disrupt benefits.
Defective Products
Should I return the product?
No. Don't return, don't repair, don't discard. The product itself is the central piece of evidence.
Do I have to sue the manufacturer specifically?
Kentucky lets you sue anyone in the chain of distribution - designer, manufacturer, distributor, seller. The strategy depends on coverage and solvency.
How long do these take?
Generally 2–4 years. Product cases are longer than ordinary negligence.
Dog Bites
Do I need to prove the dog had bitten someone before?
No. Kentucky's strict-liability statute (KRS 258.235) does not require a prior bite. The owner is liable for the first bite.
What if the owner doesn't have insurance?
Personal assets are available, though collection can be difficult. We always identify all potential coverage sources first (renter's, umbrella, business policies).
What about scarring?
Permanent scarring is its own damages category in Kentucky. Photographs across the healing arc are critical evidence.
03 · Estate Planning & Probate
Wills, trusts, probate.
Plain English.
Do I really need a will?
Yes. Without one, Kentucky’s intestacy statute decides who gets what - not you. Even a simple will is a massive upgrade over having no plan at all.
What’s the difference between a will and a trust?
A will distributes assets through probate court after you die. A revocable trust holds assets during your lifetime, distributes them privately after death, and skips probate. Most plans use both.
How much does an estate plan cost?
Flat fees, no hourly surprises. A basic will package runs less than people expect. A trust-based plan is more involved. We tell you the price up front, before any work begins.
When should I update my plan?
After any major life event - marriage, divorce, birth, death, a new business, a move, or a significant change in assets. At minimum, every five years for a sanity check.
Can a will be contested?
Yes, on grounds like undue influence, lack of capacity, or improper execution. A properly drafted, properly witnessed will is much harder to contest. That’s part of why DIY wills cause problems.
Looking for the full Estate Planning page? Read more here.
Didn’t find your answer?
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