110 WEST  MAIN STREET

CAMPBELLSVILLE, KENTUCKY

Opened in March, Private Investigators actually houses two businesses – Campbellsville native Greg Gribbins’ Paladin Investigations and Michael Mann’s K.R.S. Private Investigations. Gribbins and Mann are state-licensed private investigators. Gribbins has 21 years of service in the U.S. Air Force and 15 years’ experience as a police officer, Deputy Sheriff, detective sergeant, federal security officer and private investigator. Gribbins said he has conducted more than 800 insurance fraud investigations and has completed more than 1,300 hours of investigative and law enforcement training. He has a bachelor’s degree in criminal justice administration and an associate’s degree in applied science. Investigator Gribbins and Investigator Mann are both commissioned as Kentucky Colonels by the Governor.

Located at 110 W. Main St., the business is open from 10 a.m. to 4 p.m. Monday through Friday. Services offered include investigations of a person’s background, wrongful employment, infidelity, child custody, Contested Wills, criminal, sexual harassment, nursing home/caregiver abuse, civil rights violations, auto sales scams, insurance and workers’ compensation fraud and missing persons.

Other services include location of witnesses or defendants, skip/trace locations, recorded interviews, service of process, locating hidden assets, passive GPS tracking, surveillance, investigative report writing and criminal defense.

Hi,

My husband and I have been married a little over a year. We have been having issues for about 4 months now. First it started with anger issues… he would come home from work and yell and scream at me; he started being very degrading and would say things to belittle me and whatnot. It was not pleasant. His outbursts started getting so bad that I thought it was going to turn violent, I would lock myself in the room and just stay in there until he was cooled down. It was horrible. He ended up moving into the barracks about a month ago, while we just took a little bit to regroup. He had FINALLY agreed to go to a marriage counselor, so I thought I was doing the right thing when him staying in the barracks for a few days was our plan.

He drained the bank account and ended up going to a strip club and a bunch of bars. I’m not sure what the Army considers “adultery” – does it have to be sex? Because I have eye witnesses (mutual single soldier friends) that saw him kissing and messing around with other women at the bar(s). Does that count as cheating? All of this, of course, was behind my back. I didn’t know he was going out.

I am in the process of trying to figure out who to tell. Do I go straight to the CO? The chaplain? I told his 1st Sgt about his anger outbursts, but they didn’t think it was a big concern.

I am divorcing him… I am wondering what my rights are? I’m not sure if divorce because of infidelity is different than a divorce just because of not getting along. He never hit me, but there was still lots of verbal abuse… again, not sure if that changes anything. Any info would be great.

Answers

You can get him on adultery charges.
There are three “Elements of Proof” for the offense of Adultery in the Military:
•(1) The accused wrongfully had sexual intercourse with a certain person;
•(2) That, at the time, the accused or the other person was married to someone else; and
•(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

If he already moved back in the barrack they might have stop his BAH. Tell his COC isn’t going to do you any good.

Get a lawyer get your divorce and move on. Until the divorce is final you can use your ID card, tricare etc. Normally he would only have to pay the difference of the BAH dependent to the without dependent rate to you which is around a few hundred bucks if that.

the military has nothing to do with it and will not get involved. until the divorce is final you are entitled to your ID card and the attendant privileges and the difference between single and W/Dep BAH.

that’s it. if you want more you need a civilian Investigator and  lawyer. what kind of divorce you can get depends ont he state laws you are diviorcing in.

OK, if your car is registered you can get onPOST/BASE with your I D Card and go to JAG ,they will tell you how much your husband is suppose to be giving you until the separation is over (depending on the laws in your state…you have to be separated in some states for a year) and also give you info on lawyers who deal with military divorces and maybe infidelity…you are allowed to get alimony and child support in the divorce-BAH-diff and military I D cards for the kids for tricare (you must know the SSN and your husbands Birthdate to file tricare benefits). As hubby goes up in rank so you must go back to court to request for more child support.

Start with the chaplain, and get evidence that he cleaned out the bank accounts. You might not get very much as you have been married for such a short time. I would also ask for counseling at your base in order to help you recover and to document how his behavior has affected you. Good luck to you.

Go to his CO and the chaplain, give it a shot why not. However, you need evidence, not just assumptions. I hope everything works out well for him and yourself.. don’t give up.

If you want a divorce and they’re no kids involved nows the time to get-r-done. Crap like you’re going thru very seldom change. Just get a divorce lawyer and forget about taking him to the cleaners, being married just over a year you already know he has nothing worth fighting for..

The Military WILL Not become involved in your Divorce. The only adultery the Service wants to know about is if it happens on Base…

If you do not have any Children you get nothing…
But by Military Law he must Support you and your Medical
until the Divorce is final…

Wow, normally it was the army GUYS having their bank accounts drained……But as far as your rights you do have some. As long as you have command sponsorship (the army recognizes you are legally married) then you can get a certain percentage of his pay. But you have to be able to prove it with hard, PHYSICAL evidence. The Army will not recognize your word against his. You can always find decent and cheap private detectives, especially in the states. Until then you shouldn’t really separate from that military pay check yet.

None of these answers doing it for you?

Sometimes none of the answers get it just right.

CALL KRS INVESTIGATIONS WE HAVE A RETIRED MILITARY PRIVATE INVESTIGATOR ON STAFF.  Maybe he has the answer. Call

Establishing paternity isn’t as difficult as it used to be -– in fact, paternity can be determined with almost 100% accuracy. The key to this legal breakthrough is as simple as your DNA.

How It Works

With the exception of identical twins, DNA is as unique as your fingerprint. The acronym for Deoxyribonucleic Acid, DNA refers to your genetic makeup such as your eye color, hair color, skin tone, height, etc.
When a child is born, the baby will get half of his DNA from Mom and the other half from Dad. By comparing the baby’s DNA to that of its biological mother, any genes inherited from Mom can be eliminated. What remains then are the genes inherited from Dad.

Comparing the DNA probes of the child and the alleged father can quickly confirm or deny paternity. If two or more probes do not match, the alleged father is ruled out. A comparison of probes between the three parties (mother, father and child) can establish paternity with 99.9% accuracy.

The DNA sample can be obtained in one of two ways: either through a blood sample or through a procedure known as the Buccal Swab. In this procedure, a swab is rubbed on the inside of the cheek to obtain tissue and saliva. This sample is enough to conduct an accurate DNA test.

Blood Tests

As an alternative, a simple blood sample can be provided to help narrow the possibility of fatherhood. Using this method, white blood cell antigens are examined and compared to identify or exclude potential fathers. It should be noted that a blood test is not nearly as accurate as DNA testing and is rarely used as the sole means of proving paternity.

It can however, positively rule out potential fathers by comparing blood types of the parties involved. A mother and father who both have Type A blood for example, cannot have a child with Type O, B or AB blood because the antigens are not present.

Petitioning for Paternity Testing

In order to legally challenge paternity, a civil suit must be filed in Family Court. If the judge orders a DNA test, the parties will need to pay a few hundred dollars to have the test performed and interpreted by a court-approved facility.

In the event that paternity is confirmed, the father will then likely be ordered to pay child support and issues regarding custody and/or visitation will be addressed. If the father does not wish to maintain his parental rights, he can terminate them through the court.

Related Articles:

• Types of Paternity Tests

Types of Paternity TestsBy MyFamilyLaw Admin | Published: September 9, 2009

Knowing Your Options for Establishing Paternity

It is important to establish paternity to protect the rights of your child. Naming a legal father ensures that the child can receive child support as well as other benefits normally granted to heirs such as social security and veterans benefits.

To determine the biological father, a procedure known as a paternity test can be performed. This test essentially matches the DNA of the assumed father to that of the child. Since the child’s DNA is a combination of the mother and the father, the testing laboratory can exclude the mother’s DNA and what’s left will identify the biological father.

A paternity test can be done before or after the child is born and will involve one of several different procedure options:

During Pregnancy:

There are two options for determining paternity before the child is born, however both present some risk of miscarriage and require a doctor’s consent before they can be performed:

Chorionic Villus Sampling (CVS) – A small sample of chorionic villi is collected through a thin needle inserted into the uterus through the vagina. Chorionic villi is tissue from the uterus wall and has a genetic makeup identical to that of the fetus. This procedure can be performed as early as 13 weeks into pregnancy.

Amniocentesis – In this test, a small sample of amniotic fluid is collected through a small needle inserted through the abdomen and into the uterus. This test can be done during the second trimester (14 to 20 weeks into pregnancy) but also presents the risk of harm to the fetus as well as vaginal bleeding, miscarriage and loss of amniotic fluid.

After Pregnancy:

Once the child has been born, there are several ways to obtain a genetic sample that present no risk to the child:

Buccal Swab – The most common procedure in DNA testing, a Buccal Swab collects saliva from the inside of the cheek on a cotton swab. This is the method used in “drug store” paternity test kits.

Umbilical Cord – Genetic material can be obtained by taking a sample of the umbilical cord after it has been cut from the baby.

Tissue Samples – DNA can also be obtained from a skin or blood sample as well as hair follicles. For the potential father, DNA can be collected from tissue samples such as skin, blood and hair as well as from semen and saliva through the Buccal Swab mentioned above.

Blood Type Comparison – In addition to DNA comparison, paternity can be excluded by comparing blood types.

Types of Custody 

• Joint custody: parents share physical and legal custody.
• Sole physical custody: the child lives with and is under the supervision of one parent. The other parent may often have visitation.
• Joint physical custody: each parent has significant periods of physical custody.
• Sole legal custody: one parent has the right and the responsibility to make the decisions relating to the health, education and welfare of a child.
• Joint legal custody: both parents share the rights and responsibilities to make decisions concerning the health, education and welfare of the child

More on Child Custody

Child Custody and Guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e.g. the right of the parent to make decisions for the child and the duty to care for the child. As previously stated – child custody is determined by assuring that what is being proposed/decided is the best interest of the child.

Legal Custody
“Legal Custody” gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child’s welfare — including the child’s education, medical care, dental care, and religious instruction. In many child custody cases, legal custody is awarded to both parents (called “joint legal custody”), unless it is shown that one parent is somehow unfit, or is incapable of making decisions about the child’s upbringing. Legal custody is different from “physical custody,” which involves issues such as where the child will live.

Joint Custody
In Child Custody situations, “joint custody” usually refers to one of two possible scenarios: joint legal and physical custody, or joint legal custody.

In true “Joint Custody” arrangements, parents share equal “legal custody” and “physical custody” rights. This means that parents participate equally in making decisions about the child’s upbringing and welfare, and split time evenly in having day-to-day care and responsibility for the child — including the parent’s right to have the child live with them. true joint custody arrangements are rare, because of their potential to cause both personal difficulties (stress, disruption of child’s routine) and practical problems (scheduling, costs of maintaining two permanent living spaces for the child).

Much more common than true joint custody arrangements (where both physical and legal custody are shared) is “joint legal custody,” in which both parents share the right to make long-term decisions about the raising of a child and key aspects of the child’s welfare, with physical custody awarded to one parent.

Child Visitation

Regardless of any bad situations, or choices you may have made in the past, every parent has rights to visit their children. Child Visitation is the most important legal step to staying in touch with your child’s life.  You can remain a non custodial parent, but visit your child on a regular visitation schedule. To make visits with your child enforceable, you need to get a well-defined court order in place.

Visitation schedules are determined, like all other domestic issues involving children, in accordance with the best interests of the child. In most situations, it is important that visits with a child be frequent and continuing. Contact us today and tell us whether you want child custody, or visitation. Getting a well-defined court order will protect you, so that the other party is not in control of the situation. Contact us today to review what others have done in similar situations as you are having. Be sure to review Child Custody section on this site, and then call us to discuss resolution.  

divorce  

Nobody gets married to get divorced – divorces aren’t planned, and are at best, a mentally difficult process. If you have been served divorce papers, you need to respond within the indicated timeframe, or you will lose by default.

REMEMBER IF THE OTHER PARTY KEEPS YOU FROM VISITATION WITH YOUR CHILDREN AFTER YOU HAVE A VALID COURT ORDER, THIS COULD BE “CUSTODIAL INTEFERENCE”—IT IS A CLASS D FELONY IN KENTUCKY. KRS INVESTIGATIONS PROVIDES LICENSED INVESTIGATORS TO GATHER THE EVIDENCE, AND PUTS TOGETHER A PROFESSIONAL REPORT THAT CAN BE USED IN A COURT OF LAW.

ALSO, DO NOT FORGET ABOUT THE GRANDPARENTS, THEY HAVE VISITATION RIGHTS TOO.  KRS

A NATIONAL PROBLEM

 To investigate nursing home abuse, you must first understand what “abuse” actually is, where it comes from and the characteristics associated with the abuse. According to the Funk and Wagnall’s Standard Dictionary, abuse is “to use improperly or injuriously; to misuse, to hurt by treating wrongly; to injure or to speak in coarse or bad terms.” When applied to nursing homes, it is to intentionally mishandle or to verbally degrade a person. For the most part, the abuse is an intentional action or actions that have formed a pattern in which the person is treated. Let’s face it; accidents happen to everyone in every type of job and situation. However, abuse is going beyond an “accident” and has a direct correlation to the mental frame of mind or condition of the persons(s) involved.

 By the time a person finds themselves in a nursing home, they have usually reached a sense of helplessness and are insecure about themselves and their future. Although this topic is not a laughing matter, I am often reminded of the elderly patient who indicated that they go to the bathroom regularly at 6:00 a.m. every morning. Unfortunately, they are not awake when they do! This is just an example of how the elderly become dependent on those around them in their later period of life. These people, for the most part, have worked a long life and only hope that they can leave this world with a little bit of respect and dignity. It is bad enough that they lose control of their bodily functions and motor skills, but being the victim of abuse is more than any of these people deserve.

 Abuse can come from a variety of causes; however, all abuse has the same characteristic of an intentional action. Regardless of the reason, a willful intent is a fundamental characteristic for the abuse to have occurred. Unfortunately, some people are unhappy with their own lives and they take this out on everyone around them. The elderly are an easy target because they are weak and defenseless. In many cases, the patient has had a stroke or other medical condition that has caused them to lose their speech or their motor skills. When a person is unable to speak or to resist, the patient can often times become a target of the abuse.

There are many forms of abuse including verbal, emotional and physical. Some of the more commonly found types of abuse include:

 -Verbally degrading the patient;

-Verbally threatening the patient;

-Emotionally manipulating the patient;

-Emotionally threatening the patient;

-Physically injuring the patient;

-Physically manipulating the patient;

-Sexually abusing the patient.

 VERBALLY DEGRADING THE PATIENT

 This is one of the more common types of abuse found in nursing home facilities. It is common for the staff of a facility to yell and scream at other employees, as well as the patients in their care. When confronted with this, the staff usually falls back on the catch-all defense of “the person is hard of hearing.” It is one thing to increase the volume of one’s voice, but it is another thing to scream degrading remarks at the person. One of the more common ways that we see a patient degraded verbally is when they are told that if they don’t eat, the employee will shove the food down their throat. There are proper ways to tell a person what you want them to do and this is not one of them.

 Many of the nursing home employees are kind to the patients and speak kindly when they clean them by telling them such things as, “you have such pretty hair.” However, it is also common for the employee to tell them degrading remarks about their condition or their inability to control their bodily functions. The elderly are often frightened and disoriented by being in a nursing home. Having someone speak rudely or harshly towards them causes the patient further discomfort. The elderly feel defenseless in these situations and are just happy to have someone who will pay a little attention to them, regardless of the abuse. Many of the facility employees know that the elderly are threatened by them and are therefore not concerned with treating the person with respect and dignity. Every nursing home has employees who verbally abuse their patients and most overlook the employee’s actions because they at least show up for work or they pass it off as the person having a bad day.

 VERBALLY THREATENING THE PATIENT

 Verbal threats are very similar to verbal abuse in general; however, they tend to be directed much more towards a particular patient and are more intense than normal verbal abuse. When an employee degrades a patient by telling them that they don’t like the person wetting all over themselves while using a sarcastic voice that is verbally degrading.

 However, when an employee tells the patient that they are going to spank the person if they keep wetting the bed, this becomes a type of verbal threat. The patient does not have control of their bodily functions and can therefore not prevent or control this situation. Another type of common verbal abuse is when a staff member tells the patient to eat or they will shove the food down their throat.

 EMOTIONALLY MANIPULATING THE PATIENT

 An elderly person who is insecure about their situation and condition is a prime candidate for emotional manipulation. An example of this comes to mind. The President of the United States decided to stop in a nursing home to conduct some public relations. One of the elderly patients carried on a conversation with him for a while and the President finally asked, “you don’t know who I am, do you?” The patient said, “no, but if you will go to the nurse’s station over there, they will tell you who you are.” This is a simple way of depicting how a patient can become insecure about their surroundings.

 The patient has the primal instinct to be around other people who they feel will protect and care for them. Facility employees know that a patient will often endure hardship just to have someone around them. People are born with the desire to be touched and communicated with. When the elderly do not have enough of this attention, they are easily manipulated. In some cases patients can be emotionally maneuvered into overlooking the abuse of the staff in fear of not receiving the necessary attention that they crave.

 EMOTIONALLY THREATENING THE PATIENT

 A patient is emotionally threatened when they have had certain circumstances occur which they perceive as a threat and which keeps them from speaking out against the threat.

 When a patient observes another patient being mistreated and no one doing anything about it, they begin to become emotionally threatened into realizing that they have no control over their situation and must therefore keep silent to prevent themselves from being a target. The patients are quick to observe the treatment of those around them and it doesn’t take long to understand that they are emotionally at a disadvantage.

 PHYSICALLY INJURING THE PATIENT

 There are many ways that a patient can be physically injured while in a nursing home. Dropping or mishandling a patient is fairly routine in most facilities. Although handling a person in certain ways may not be considered rough on a younger person, when applied to the elderly, it can definitely be abuse. The elderly have problems with brittle bones and are fragile to begin with. When an employee tosses a person onto the bed, it is not uncommon for the patient to dislocate their hip or break a bone.

 Because the skin of an elderly person loses its elasticity, their skin can be torn and cut with the least amount of effort. Once again, failing to take extra care while handling the person can cause the skin to be damaged.

 Almost all nursing homes are understaffed, which prevents the patients from being routinely turned to prevent bed sores (pressure sores). This physically injures the patient and the pain has been described as being similar to an ulcer in a person’s mouth but even worse. When a bed sore is left untreated, it turns into a sepsis (open wound) where infection occurs. These patients often are left unchecked and lay in their own urine which further irritates and contaminates the sepsis.

Another type of physical abuse is grabbing a patient by the cheeks and attempting to force-feed the subject. The patient may not like the food and most facilities try to provide a secondary meal for these situations. Unfortunately, the person may be abused by forcing them to eat.

Nursing home facilities are not the same and do not have the same bathroom facilities. Some may have individual bathrooms and bathing facilities, however, for the most part, most only have 2-5 baths and or showers. Because of the lack of bathing facilities, the patients may not receive proper cleaning, which is another type of physical abuse.

 PHYSICALLY MANIPULATING THE PATIENT

A patient can be physically manipulated into performing or conducting certain actions that they would not customarily perform. As an example, the patient may be coerced into moving or standing against their will based on a firm grip or pinch by a staff member. These types of employees attempt to get the patient to move at a faster rate or in a manner that they feel appropriate by pinching or strongly grabbing the person. The attitude is that they cause the person to perform the desired activity without leaving a physical mark on the person.

SEXUALLY ABUSING THE PATIENT

A patient who is mentally slow, physically unable to speak or unable to defend themselves may become a victim of sexual abuse. These attacks may come from a staff member, another patient, a family member or a complete stranger. Even when it comes from a staff member, other employees are often too busy to notice unusual signs or they may neglect to report the incident out of fear. The nursing homes are typically co-ed and it is not uncommon for relationships to develop as it would in any male-female setting. However, when one patient sexually abuses another, this moves outside of a normal relationship just as it would in any other social setting.

 Family members may miss the affection and relationship with their spouse who is a patient. When this occurs, they often attempt to continue their sexual relationship. Unfortunately, the medical conditions as well as physical, mental and emotional status of the relative may cause the intercourse to be painful. When this occurs against the will of the spouse, it moves into the area of sexual abuse. In some situations, the nursing home staff will not do anything about it based on the fear of reprisals due to the legal relationship between the couple.

In a nursing home setting, abuse can come from a variety of persons. This includes the owner(s) of the nursing home, the administrator of the nursing home, the staff of the facility and the family members. In addition, abuse can come from other patients (or residents as they are commonly called) or even someone off of the street. The State Licensing Board is usually a promoter of this activity. The following will attempt to describe how each of these can be involved in abuse of nursing homes.

 NURSING HOME OWNERS

 The owners of a nursing home can be a variety of people with a diverse background. They may be doctors, independent businessmen, large corporations or family owned operations. As in many industries, the nursing home industry is seeing many of the small homes being bought out and placed with a large conglomeration of other nursing homes under a central corporation. One can be as bad as the other. The smaller owners have less cash flow, while the larger corporations provide less personal contact. Unfortunately, all of the owners are forced to recognize that it is a business and they make decisions based on profit, which affects the treatment, staff and supplies available to the patients. Large corporations typically have stockholders which demand as much profit from the homes as possible. Because they are large, an impersonal approach often develops, making cutting services to increase profit even easier. This impersonal attitude permeates into a lack of control. The lack of control allows administrators to carry on without proper supervision. The lack of supervision transfers into a lack of patient care, which turns into abuse.

The owners of nursing homes are known for hiring minimum wage employees who typically have minimum education. Even the Licensed Vocational Nurses (LVN) and the Registered Nurses (RN) that work at the nursing homes are often sub-standard when compared to other LVN’s or RN’s employed in hospitals. Because the owners can hire employees to do the job at a minimum pay level, they continue to do so. In reality, if they would increase the rate of pay, the quality of employees would increase which would ultimately translate into better care, more profits and less lawsuits.

 The owners of these facilities seldom, if ever, conduct any type of background investigations on the potential employee. During our investigations, we have found that many of the employees go from one nursing home to the next. When someone is terminated for abuse or something similar, they simply move on to the next nursing home that is more than willing to hire someone already “trained” in the industry. Failing to conduct appropriate background checks has resulted in the industry cultivating an atmosphere of abuse. We have seen situations where an administrator becomes known for hiring those who have had conflicts with the law and these people flock to the administrator who is more than willing to hire them.

The bottom line with the majority of nursing home owners is the profit margin. They lose sight of the care and become too concerned with making a profit and end up promoting the problems which are ruining the industry.

 THE NURSING HOME ADMINISTRATION

 The administrators at a nursing home facility ultimately determine the care or abuse that the patients obtain. If they allow abuse, neglect and poor care to occur, they are in essence promoting this type of treatment. Often, the administrators intentionally try to shield themselves from the rest of the staff so they can state that they did not know that a situation was occurring. Most administrators are known for staying in their office and seldom walking the hallways to see what is actually going on. These same administrators tell the supervisors who advise them of a situation that they “will take care of it” and then never take any action. After this occurs over and over again, the supervisors stop telling the administrators because they know nothing will be done. This is exactly what the administrators want because they can once again blame the supervisors and cry that they never knew about the abuse.

The administrators fail to order supplies in an effort to please the owners by keeping supply costs down. I have seen situations where the administrators told employees to stop wearing gloves when working with patients because they were costing too much. During our investigations, we find where supplies are limited until just before the State Auditors came in to perform an audit. They usually have a closet with new sheets, towels, linens, etc. stocked, and will take these out just while the auditors are there and then will take the supplies away afterwards.

The administrators will often order their employees to fill in the blank spaces on charts so that it will not stick out when the State Auditors arrive. This attitude then tells the staff that they can cheat or break other laws since the administration is encouraging this activity.

Our investigations have typically shown that the administrators of a facility often are caught in the middle. They are being pressured by the owners to produce profits while the staff treats them like an enemy as well. The stress from both sides often causes the administrator to hide in their office away from both sides.

THE NURSING HOME STAFF

The employees of the nursing home are the ones who ultimately have the most contact with the patients and are therefore the ones who are most likely to abuse the patients. Their actions, however, are allowed and cultivated by the actions of the facility owners and the administrators. During our investigations, we are often told that the employees do the things they do because they observed the Director of nurses or the Charge Nurse engaging in the activity.

 The employees are minimum wage earners who usually have a poor self-esteem and take life’s frustrations out on those who can’t defend themselves. In all fairness, these employees are overworked and there is a shortage of staff which causes their tolerance level to decrease. Some of the patients can become a little violent when they are ill or tired and the staff often has to guard against patients who will vent this towards the staff. However, if trained properly, they should know how to deal with this issue.

 FAMILY ABUSE

Although abuse by family members is very rare, it does happen. In one case, a lady was a patient in the nursing home and her husband would come in and have intercourse with her. The patient had a foley tube and the employees would hear her moaning and crying due to the intercourse causing her pain. Although the staff heard and knew, no one tried to stop this from occurring. In abuse by family members, the abuse usually escalates into some type of physical violence which was a result of a continued problem between the two. This is even more likely to occur due to there being so many employees in and out of rooms. Even though this is very rare, this issue should still be considered based on the merits of the investigation.

 ABUSE BY OTHER RESIDENTS

 One patient abusing another patient occurs from time to time and needs to be addressed as a possibility. When a patient has had a stroke or other medical condition that prohibits them from speaking and/or moving, they can become a target of abuse. Patients can steal from these subjects, pinch, hit or sexually abuse this type of resident. In one case, a patient was sneaking around sexually abusing patients who were not mentally coherent.

 ABUSE BY STRANGERS

 Many nursing homes lack in security and in some of the facilities located in crime-ridden areas, they become a target. When you have transients in the area, they will often try to sneak into the homes to use the bathroom and showers or to get out of the heat and cold. Although their original intent may have been somewhat harmless, crimes occur due to an opportunity presenting itself.

Most nursing homes have doors located on all four sides of the structure which are not observed on a regular basis. The homes generally have policies indicating that all of the doors except the front door have to be locked after a certain period of time. However, employees use these doors to step outside to smoke and do not concern themselves with the security of the doors.

 In some cases, an employee has had their spouse come to the facility in anger and causes harm to all who come into contact with them before the police can arrive. Once again, a lack of security in these facilities allows these things to occur.

Seven Reasons to Hire a Private Investigator
You want to investigate someone or need to track down a debtor, but you don’t want the expense of hiring a private investigator. Bad mistake! Don’t try to be a D.I.Y.P.I. Hire a professional investigator – here are 7 reasons why:
1. Danger.Unless you are very familiar with private investigation work, you’ll be putting yourself in grave danger if you try to do your own private investigation. The reason for this is that you are unlikely to know the art of surveillance or counter-surveillance and are therefore more likely to blow your cover early in the investigation. This exposure could very well lead to greater danger for you when the subject you are trying to follow realizes your presence, especially if the person has criminal experience.

It is far more sensible for you to hire the services of a private investigator that has been specially-trained in the art of undercover and surveillance work. In all likelihood, he or she is in a position and has sufficient experience and resources to go undetected throughout the whole investigation process – something that will be quite impossible for you to achieve.

2. Skill.

Although the role of a private investigator may look very simple on television, in fact it is an art form that requires dedication and training. Most private investigators these days have skills beyond simply following a car and taking photographs.

Among other things, today’s private investigators need to know how to use overt and covert cameras to their best advantage, how to install and download GPS tracking devices, how to use trace mail systems, how to use the Internet to obtain information, and how to undertake both threat assessments and risk management profiles.

What’s more, even the usage of surveillance vehicles and driving is a well-honed art form that is far more complicated than the average person could imagine. A professional investigator is not only constantly aware of the subject’s every move, but he must also be in a position to use his experience to anticipate likely or possible movements. He must constantly think many steps ahead and be versatile enough to not only change clothing and appearances during the course of surveillance, but also vehicles.

A true professional will continually undergo courses that keep his skill sets sharp and current. The better companies ensure that their personnel attend counter surveillance courses, evasive driving courses on professional race tracks, training on how to best install tracking devices and covert cameras on vehicles, etc.

3. Investigation.

Investigation work is not merely about asking a load of questions – although interviewing is a very important skill. More important is the manner in which the investigator asks those questions – making use of probing techniques or asking open-ended questions which will provide leads and answers. Many of today’s investigations involve the precise art of forensic accounting – meticulously following a paper trail and discovering the various stages that a fraudulent transaction has taken. That trail is then followed carefully back to its author or originator. In this way, a business owner who was the victim of a dishonest employee can discover the amount of loss to his company, and with the help of a professional investigator can build a case against that person and seek either a criminal prosecution or civil remedy.

Finally, even verbal investigation skills are honed. For example, private investigators know the exact questions to ask a person, and the optimal way to phrase the questions to obtain the necessary information.

4. Technology.

A huge amount of investigation work involves very specialized and considerably expensive equipment. Unless you are a techno-enthusiast, it is unlikely that you have either the equipment itself or the knowledge to use the equipment. As a result, you’ll either not use the technology, or at least not use it to its maximum potential.

A private investigator, on the other hand, likely has first-hand experience on how to use this technology for maximum benefit.

5. The Charisma of Experience.

When all else fails, private investigators have the charisma of experience on their side. They’re likely to know when they hear lies, when they are going down the wrong track, and how to handle themselves if their cover is blown and they are detected. You, on the other hand, are unlikely to know any of these tactics, which will result in you not only potentially wasting a lot of time tracking down dead end leads, but also running the risk of getting hurt in the process. Good investigators have a lot of tricks up their sleeves to help them get out of difficult, or even dangerous, situations while delivering results.

One of these “tricks of the trade” is a “busy back signal” phone number – when asked for a number where the undercover investigator may be reached, the subject will be given an untraceable phone number that, when dialed, always gives a busy signal.

Another huge advantage that private investigators have is their professional credentials. Since considerable time is spent sitting in vehicles watching subjects and recording videos of their movements, neighbors and concerned citizens regularly call the police to check out the “suspicious” behavior of the investigator. If an investigator has the time to call ahead to the police district involved (giving a description of his vehicle and full particulars about himself and/or his company), the police will advise the concerned citizen that they are aware of the vehicle and that it is on “official business”.

Even if time does not permit the investigator to plan ahead and make the call, once a responding police officer is shown the investigator’s State-issued professional ID card, the officer will be satisfied that the investigator is engaged in an official capacity. However, the same professional courtesy will not be afforded to the makeshift detective who decides to take on the project without any professional training or credentials.

6. Knowing the Law and Abiding by the Rules.

Unlike you, the do-it-yourself private investigator, a professional investigator is going to know the law and the proper way to gather evidence for possible court proceedings. In light of this, the private investigator will never take the risk of losing evidence or running afoul of the court evidence rules. You, on the other hand, are unlikely to know these procedures.

For example, in the Commonwealth of Virginia, a spouse or significant other can call the police and have his or her partner arrested for stalking if it is discovered that they are being following by that person (surveillance). The police and properly-registered private investigators are the only persons exempt and allowed to follow individuals and record their movements. Clients often make the mistake of thinking that they can follow their husbands/boyfriends/wives/girlfriends and use this information in subsequent court testimony. Since the evidence was obtained in an illegal manner, it will not be allowed in court.

Another common misconception, well known to the professional investigator but seldom known to clients, is the area of taping conversations. Many clients think that they can hide a recorder or “tap a phone line” and then use the information they obtain in a court proceeding. If you live in a “two-party” State, both parties involved in that phone conversation must consent to having it taped. If, on the other hand, you live in a “one-party” State such as Virginia, it is only necessary to have the consent of one of the parties involved. This means that if an investigator is talking to an individual and that individual admits to a wrong doing, or boasts about it to an undercover investigator, that investigator is legally able to record the conversation on a hidden recorder and use this evidence later in a court of law.

7. Time/Evidence.

Finally, any surveillance procedure undertaken by a private investigator is usually very time-consuming. Assuming that you have to work as well as carry on your do-it-yourself private investigation duties, it is very likely you are not going to have sufficient time to adequately handle all of your obligations. In this case, you’ll have to spend a lot of your own time on a project, only to find out that it was completely wasted if none of the evidence is admissible in court. Worse still, you may inadvertently overstep the line and find yourself in trouble with the authorities. YOU CAN BE CHARGED WITH STALKING, The last thing you want to happen is to go from being the innocent victim to being the defendant. The money that you may be forced to pay an attorney to represent you to undo the damage could have been far better invested in the services of a professional investigator who earns a living by conducting work like that every day for many different clients.

So, when it comes to detective work, don’t try to do it yourself. Instead, hire a professional private investigator and sit in the comfort of your chair while you read the investigator’s report and watch the covert video without the concerns of you getting hurt or losing the prey!

 I. General Expungement Questions

What is an expungement?

An expungement is a legal process where the petitioner or attorney asks the court to seal court records and arrest information. People seek expungements in order to obtain employment or housing.

I have never heard of an expungement before. Is this legal?

It is not uncommon for people to be unaware of expungements. Kentucky statutes allow certain offenses, after a certain amount of time, to be expunged. Any charge that was dismissed or for which you were found not guilty may be expunged as well. Each state has different statutes concerning expungements, and you must apply for an expungement in the state in which you were convicted.

Who may file for an expungement?

There are two types of person who can file for an expungement:

(1) A person who has been convicted of a misdemeanor or violation, or a series of misdemeanors or violations arising from a single incident,

and;

(2) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea for another offense.

Why file for an expungement?

Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are sealed. People frequently seek an expungement for employment purposes or to erase their past.

II. Process Questions

What is the expungement process for a criminal charge?

There are three phases in the process: Intake, Court, and After Court.

1. Intake: To initiate the process, the petitioner must obtain and provide the following:
   1. Obtain a statewide criminal history background check through the AOC Pre-Trial Services (AOC-PT-49 form)
   2. Determine which record(s) one seeks to have expunged.
   3. Complete paperwork (petition, order, and re-docket forms) for each case that a person wants to petition the court to expunge.
   4. Provide a valid picture ID, if re-docketed by the defendant
   5. Pay in advance $25.00 per guilty charge. If the court denies any motion for expungement in which the fee was paid, it will be refunded to the mailing address that was provided at the time of the payment.
   6. Receive an assigned court date from Special Services before you leave the office.
2. Court: Once a court date was been assigned and a disposition determined:
   1. Upon the filing of a petition, notice of the filing is sent to the Jefferson County Attorney’s Office, the Kentucky Cabinet for Health and Family Services, as well as any victims of a guilty conviction.
   2. Defendant information is updated as needed, i.e., address, phone number, etc.
3. After Court: After an expungement has been granted:
   1. Review of Court order is performed to verify accuracy.
   2. Check of court records is conducted for any outstanding bench warrants/summons in the case.
   3. Certified copies of the expungement order is sent to the defendant, Louisville Metro Police Department, Louisville Metro Department of Corrections, Kentucky Cabinet for Health and Family Services, Kentucky State Police, and any other law enforcement agency that has information on the case.
   4. The case is then sealed. Please note the defendant should do a re-check in 4-6 weeks to ensure the expunged information was removed from the arresting agencies.

Where does a person go to file a motion for an expungement?

All expungements related to District Court criminal and traffic cases are “processed” through the Office of Circuit Court Clerk’s Special Services Division. If a defendant is indicted, they must go through Circuit Court.

How do I get my records from the AOC (Administrative Office of the Courts)?

The record request form for AOC records is AOC-PT-49 and can be found at http://courts.ky.gov/forms/formslibrarybycategory.htm You must fill out this form accurately and completely, and include the $10 fee for your records search. You will be sent a copy of your current criminal record.

How do I get my records from the KSP (Kentucky State Police)?

To request copies of or inspect public records, you must make a written request to the Official Custodian of Records. Sign the request, print your name, and describe the records (be specific, i.e. name, date, location) you wish to inspect or obtain copies of. Please include your address and phone number. Mail, fax or hand-deliver your request to the Kentucky State Police Official Custodian of Records at the following address:

Kentucky State Police Headquarters

Room 102

919 Versailles Road

Frankfort, KY 40601

The fax number is 502-573-1636. Send to the attention of Official Custodian of Records. If you have questions, call 502-695-6391 or 502-695-6320.

I went to the courthouse archives and nothing came up under my name; what should I do?

You may need to see if anything shows up when you request records from the AOC or the Kentucky State Police; records from the AOC and KSP will be more likely to show older charges. Also, offenses committed when you were a minor (under the age of eighteen) may not show up on some criminal record searches.

How much will this cost me altogether?

The filing fee as of now for an expungement is $100. You will need to request your criminal record from the AOC, so at the very minimum, the process will cost you around $110. If your AOC records do not show any charges, you will have to get records from the KSP, which will be an additional $10. It may end up costing you $120.

Will I have an attorney represent me?

NO. You will be going through the expungement process pro se. This means that you will be representing yourself and will not have an attorney on hand to represent you. This is nothing new to the courts, and people go to court pro se for various reasons. Do not be alarmed and nervous. Just be sincere, honest and deferential towards the judge, and take advantage of your day in court.

Will I have to go to court?

Yes, you are filing your petition pro se, or on your own behalf, and you will not have any representation. Expungements are civil proceedings concerning criminal matters and you must show up for your scheduled court date. Remember to be deferential towards the judge, and honest, and do not interrupt the judge while he or she is speaking.

I have a lot of stuff on my record. Will I have to file each petition separately, and pay a separate fee for each petition?

Each petition can only pertain to one criminal case. If you have numerous criminal cases, you must file a separate petition for each one, including pay a separate filing fee.

What is the general time-frame for the expungement process?

It is difficult to say, but from start to finish, which includes retrieving your criminal record to receiving the order granting your expungement, the expungement process may take up to 6 months. Expungements are not granted instantly, and sometimes records may be difficult to locate. After you get your order of expungement, it may take the agencies that have your criminal offense on file up to 6 weeks before your expunged charge is removed.

III. Record-Specific Questions

What happens if I am not eligible to have my record expunged?

Your eligibility depends on what the statutory requirements are. The statutory requirements are decided by the Kentucky legislature. Sometimes there is a waiting period that is in place; sometimes the criminal offense simply cannot be expunged. In that case, you may try to see if you are eligible for a pardon, but these are rarely granted and may not solve your housing and/or employment problems.

What if I have a felony conviction as well as misdemeanor convictions?

A felony conviction will prevent you from getting your otherwise eligible misdemeanor convictions expunged. This is because the Kentucky expungement statutes bar expungement for individuals who have a felony conviction in their record.

Why can’t my felony conviction be expunged when it is such an old charge?

Unfortunately, under Kentucky statutes, most felony convictions cannot be expunged at this time. The only felony convictions that may be expunged are Class D drug felonies. For all other felonies, it does not matter if the charge is 20, 30, or even 40 years old. You simply cannot expunge a felony conviction. A felony charge that is dismissed with prejudice, or where you are found not guilty, may be expunged at any time.

I’m still on probation or have pending criminal charges. Can I apply for an expungement for my other charges?

You are not eligible for an expungement, regardless of what your criminal record indicates, if you are still on probation and/or have pending criminal charges against you. These items need to be taken care of before you may attempt to apply for an expungement.

What if my conviction involved a minor and/or offenses of a sexual nature?

Offenses that involve children or offenses that are of a sexual nature may not be expunged in the state of Kentucky. While there are public policy reasons, what is important is that such offenses cannot be expunged at this time. However, if your case was dismissed with prejudice or you were found not guilty, you may be eligible for expungement.

Can you clear my driving record and traffic violations?

Traffic violations, such as parking and speeding tickets, may not be expunged at this time. You must be charged with a criminal offense, not just a traffic violation.

Can the multiple charges that are on my record be considered to have been part of the same incident?

The statute permits those with multiple misdemeanor convictions arising out of the same incident to be expunged after a certain waiting period. Misdemeanor convictions are considered to have arisen out of the same incident when they have the same case number. Sometimes one case number will have numerous different charges; this is to show that it arose out of the same arrest/incident. Unless this is your case, your multiple charges may not be considered to arisen out of the same incident.

My charge was dismissed. Can I get it expunged?

Yes, if your case was dismissed it is eligible for an expungement. However, if you have numerous other convictions, getting one dismissed charge expunged may not guarantee the housing and/or employment you are seeking right away.

I have a charge in another state, but now live in Kentucky. Can I get my out-of-state charge expunged in Kentucky because I live here now?

You must apply for an expungement in the court in which you were convicted. For example, if you were charged with drunk driving in the state of New Mexico, and are eligible for an expungement there, and have been living in Kentucky for the past 20 years, you must file your expungement petition in New Mexico, in the same court in which your initial proceedings took place. If your charge was in Kentucky, you would then try to get your record expunged in the Kentucky court in which you were convicted.

I have a federal and/or military charge. Can I get that expunged in Kentucky?

In order to get your federal charge expunged, you would have to go through the federal court system, through the court in which you were originally convicted. The same goes for a military charge, which may not be expunged through the Kentucky civil court system.

IV. After Expungement Questions

What happens if the court does not grant my expungement?

Each expungement application, after meeting the statutory requirements, is still up to judicial discretion. There are numerous reasons a judge may not grant your expungement; it may have to do with whether or not the expungement is in the best interest of the state. You may not be eligible to re-apply for an expungement.

What will show up on my record if it is successfully expunged?

If your motion for expungement is granted, the charge for which you filed an expungement for should be gone. This will not affect your other charges from showing up, only that specific charge will be deleted.

Will I have to say that I was convicted of a crime if I already got it expunged?

After receiving your successful order of expungement from the court, you will not have to say that you were previously convicted of the crime for which the expungement was granted. This means that you have to truthfully disclose any other charge as you normally would, but you do not have to disclose the charge that was expunged.

How can I make sure that my charge is really expunged?

In order to make sure that your charge is really expunged, and no longer showing up on criminal record searches, you may want to perform a record check yourself just like you did at the beginning of the expungement process. After up to 6 weeks of your final order of expungement, your charges may still show up. It is best to check after several months to make sure all the databases are clear.

I got an expungement, and my employer still found charges on my criminal record. What should I do?

You should do a record check on yourself before you start apply for jobs. If something comes up on your record that should not be there, you need to speak directly with the Administrative Office of the Courts (AOC) and/or Kentucky State Police (KSP), the agencies that may have your records on file incorrectly.

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Accidents happen, and unfortunately, people sometimes sustain injuries through no fault of their own because of the negligence of others.  When an unplanned event takes its toll on you physically, causing you pain and suffering in the immediate and possibly in the long-term, you need to know what happens in a personal injury investigation so that you can be prepared for the process and know what to expect. 

Understanding a Personal Injury Investigation

To begin, a personal injury investigation should ideally be led by someone experienced in investigative techniques who possesses a thorough knowledge of the processes, procedures and environment in which the accident occurred.  If your accident is the fault of someone else, e.g., a car accident, then the insurance provider will most likely provide an investigator.  This individual will look for the root cause of the accident to determine to what extent either one or multiple parties are responsible for the accident 

It is advisable that you work collaboratively with the investigator assigned to your case to ensure the smooth and professional handling of your case.  When required to do so, provide any required statements and give a detailed account of what occurred at the scene of the accident. 

• To help prepare yourself for any deposition and/or statement that is required of you, you should document your account of events as soon as possible  after it occurs so that your information is presented with clarity and specificity. 
• In addition, it is wise to draw a diagram that depicts the scene of the accident; this will only further support your statement of events. 
• Visual evidence is also an excellent method by which to validate your account of the accident.  Hopefully, you were able to document the scene using the camera on your cell phone, and any video footage that you may have obtained is even more advantageous. 
•  Any medical records and statements drafted by your doctor are also critical, as these will provide insight about your injury, the types of treatment that you will need and the cost affiliated with this care. 
• Finally, be certain that you obtain a copy of the police report as soon as it is available so that you will know exactly what is says and how the accident has been officially documented.  

The Steps of the Investigation

In summary, the steps involved in a personal injury investigation typically include:

• your report of the accident and your injury to the proper authorities, e.g., law enforcement officers and insurance agents;
• the filing of a police report;
• your doctor’s documentation of your injuries and the required treatment;
• an examination of the accident scene, including the surrounding circumstances and events thereof;
• a determination of causality;
• a report of findings; and ultimately,
• an assessment of appropriate compensation for damages incurred.

Getting Help

An experienced and qualified personal injury lawyer can guide you through each of the steps of a personal injury investigation. Whether helping you collect evidence or hiring expert witnesses, your lawyer can assist you in building a case that gets an insurance company or jury to see things your way.

Mounting a personal injury defense cannot be successfully accomplished alone by the average defendant in a lawsuit. This situation is not the time to experiment using one’s amateur status as a legal buff to try and stave off what usually amounts to a pretty aggressive attack by a heat seeking plaintiff. Animal bites, motor vehicle accidents, slip and fall injuries, premises violations and wrongful death are all part of the legal arena calling for a personal injury defense in many cases. While a majority of all civil lawsuits are dismissed as frivolous or without merit, the remaining ones can be financially devastating to the plaintiff without a strong defense and insurance protection. Choosing an attorney for such a circumstance may not be as easy as opening up a phonebook, closing one’s eyes and pointing.

In most PI cases, the issues come down to negligence and whether or not it existed at the time of the injury. For example, in the case of what are called slip and fall cases, the question of whether or the plaintiff knew about the injury causing condition for a period of time and failed to take action must be proven. When a person hires a personal injury defense lawyer, the expense she must often incur as a result of her investigation of the facts can often be quite expensive. Whether or not one’s indemnity insurance from homeowner’s insurance will cover these expenses is something that can be explored with an insurance agent. Limits of a homeowner’s insurance policy may force someone to buy an extra indemnity policy.

Animal bite lawsuits are routinely filed and are also the interest of a PI attorney. Most homeowner’s insurance will cover some liability in regards to dog bites but may not cover pet snake bites or other unusual pet attacks. Certain breeds of dogs may not be covered under regular homeowner’s insurance and may not pay for a personal injury defense attorney in a civil lawsuit. Care must be taken to understand whether or not actual court costs and attorney fees are covered under a person’s homeowner policy or just the judgment costs. These are issues to be explored with one’s insurance agent. While most suits of this sort usually end up in pre-trial settlements, there are expenses from the attorney that may have to be paid out of pocket and not from insurance coverage. Check with your agent on coverage limitations.

Most states require that drivers carry at least a minimum amount of personal injury liability insurance. This gives some medical coverage to those passengers riding in the car with the driver as well as those in other cars that also may have been involved in the accident. In the event that a driver is sued for damages not covered by insurance or is criminally prosecuted for traffic violations bringing about injury or death, a personal injury defense attorney will be required. In this particular case, the lawyer used should have extensive experience in the area of motor vehicle law. In many cases, extra expense will be incurred by the plaintiff for expert witnesses and perhaps professionally constructed models to explain and recreate the accident scene. These expenses may or not be covered by one’s auto insurance and if a person is a bit queasy about all of this expense, an insurance agent should be contracted to explore additional coverage.
But personal injury does not just describe an injury to the body. Mental anguish and suffering brought on by slander, false arrest and invasion of privacy also comes under the interest of the personal injury defense attorney. Depending on the circumstances, a shopper falsely arrested for lifting merchandise and detained by security guards might have some grounds for suit. A PI lawyer would need to be contacted to see if any recourse exists for the accused. Magazines divulging private information about a person that could be slanderous may be sued by a plaintiff using a PI attorney. God does not help those who help themselves, but rather defends those who cannot defend themselves. God if the defender of those who seek Him as the psalmist writes: “He only is my rock and my salvation; He is my defence; I shall not be greatly moved.” (Psalm 62:2)

Unlike criminal law where a person who is accused of a crime is provided a free defense attorney if none can be afforded, civil law forces a person to either defend himself or hire an attorney. If a person must seek help in the form of a personal injury defense lawyer the costs could be quite high. Before ever making the decision of who to hire, some important questions should be asked of the attorney candidate, and answers should satisfy the client totally and completely. To begin, the issue of the attorney costs must be addressed; the barrister ought to reveal at least a ballpark idea of what the costs will be, including expenses and should discuss whether or not there is a way to pay in an installment plan. The attorney’s philosophy for similar cases should also be revealed; usually it is a “go for broke” mentality or a “looking for a compromise” mindset. A good personal injury defense attorney will discuss the pitfalls and obstacles that lay along the path to being vindicated or experiencing a favorable judgment. Finally, a client should trust his attorney and if there is some semblance of uneasiness with the relationship, a client has every right to ask for a change if a legal firm is involved.

A personal injury insurance settlement is available for those who have been injured by another’s negligence. In most cases, individuals need home owners and auto insurance to cover liability issues that will arise at some point in all our lives. Businesses have large liability policies to cover most anticipated personal injury occurrences. In the case that an attorney advises just seeking a settlement and not pursuing a lawsuit, a personal injury insurance settlement is the most likely path to follow. There are important things to know about such a settlement.

In most cases, personal injury insurance settlement claims are paid for car accident victims. With as many as five million accidents occurring on the nation’s highways each year and two million people injured, there are plenty of personal injury claims filed through the many indemnity companies in the United States. The personal injury insurance settlement may include such things as medical expenses, loss of wages and pain and suffering. But whether it is an auto accident or other type of mishap, getting a settlement from an insurance company begins with sending a letter to the person or the company in the form of a formal demand for payment. The letter is sent after the claimant has done some investigation into the circumstances of the accident and gathering as much evidence as possible. The letter must be well written and should include such things as the injuries incurred, why the other person is responsible, what the medical treatment was and the cost, and the demand for a lump sum payment to cover all these expenses. The demand letter should include the fact that there are police reports, eyewitness accounts and perhaps building code violations that are a part of the case.

Some experts suggest that one begins with a demand for settlement at twice what the actual amount one expects to receive. After all, the indemnity company is going to start whittling down the demand amount to one it can live with, and maybe even smaller than that. Attach copies of all documents and records that were mentioned in the formal demand letter. And be realistic about your ability to write well. This letter is extremely important and one written poorly with misspellings, grammar mistakes and unintelligible words or phrases can quickly show the indemnity company it is dealing with someone who may be able to be easily convinced to settle for less money. Get someone to help with writing a powerful formal demand letter in order to get one’s personal injury insurance settlement case off to a good start. “In God is my salvation and my glory: the rock of my strength and my refuge is in God…trust in him at all times: ye people, pour out your heart before him: God is a refuge for us.” (Psalm 62:7-8)

So a person is injured and gets a fair personal injury insurance settlement from the indemnity company. But soon, a letter arrives from one’s own health care provider. The company has learned that you have received this settlement and is demanding that it be paid from the personal injury settlement received from the other insurance company. For a while, one may have believed that this settlement would be money you could keep, but a legal term called subrogation could burst that bubble real quickly. Subrogation, a legal term, means that a person should not be paid twice for the same injury. In other words, getting money for medical expenses in that insurance agreement should mean the money is used to pay back your health insurance company for its coverage. Like it’s always been said, “there ain’t no free lunches.”

So there is another river that one may have to cross when getting a personal injury insurance settlement for injuries incurred in an accident of some sort. When money is received for property damage and medical bills, there may be a question about whether or not that money is taxable and that can be quickly dispelled with a resounding no. Oftentimes, there is additional money included for what is called pain and suffering. This is money that is paid to help a victim get back to a full life again and is also not taxable. But there are other damages that may be covered in a personal injury insurance settlement that are taxable and include what are called psychological injuries. Additionally, punitive damages, which are meant to punish monetarily a defendant and interest earned while money sits in an account and are also taxable. If there are any questions regarding this part of the insurance claim agreement, a tax expert should be sought out for counsel.

Chances are good that someone contacting an insurance company through the use of a formal demand letter will be contacted by a hardnosed negotiator or claims adjuster representing the indemnity company. This person’s sole purpose will be to get the injured party to settle for as little as possible. If a person is not steely-eyed enough or doesn’t have the skin of a rhinoceros, it might be advantageous to have an attorney or some other skilled negotiator step in to help. Knowing the language of insurance companies and the many legal terms that might be thrown around should be within the experience of the negotiator, so choosing your bully Uncle Mutt may not be the best choice. When all negotiations break down, it will be time to actually call in the help of an attorney to speed the process along.

Scam #1: The Financing Fell Through Scam (Spot Delivery Scam)

How the scam works: This is the oldest trick in the scam book. Lots of people complain about to us about this scam. You buy a new car, the “LieNance” manager says you got a low APR, hands you the keys, and you drive home. (Not all finance managers are LieNance managers, just the ones who lie, so salespeople stop whining to me about this name I made up for the few bad apples). Two weeks and 500 miles later, the dealer calls you saying “Sorry, you didn’t qualify for that low interest”. This is where “subject to financing” clauses on contracts bite you in the butt. Everyone thinks that you sign papers it’s a done deal. The dealer knew exactly what you qualified for before you signed, unless you lied about your income.

They knew your credit score. If it’s above 680, you’ll get a low APR. If it’s below 680, expect a higher APR. Your credit union will print your credit history and approve you in 10 minutes. I got approved instantly online. So why the problems with the dealer’s Retail Installment Sales Contract? There usually is no problem, it’s a scam. There is a phrase on most sales contracts stating “subject to loan approval”. This Jedi mind trick means: “The deal is not final, even though you signed this contract.” They’ll tell you that you must produce an additional $1000 AND your payments would go up. They pull this scam on people with bad credit, because it’s believable. They get the least resistance from this crowd, and figure you’ll just pay up somehow.

How to avoid the scam: DON’T FINANCE AT THE DEALER if you have bad credit. Line up your own financing and compare to dealer’s financing. Read our chapter on How to finance your car or use online car financing or your credit union instead. By using your own financing, you won’t endure monthly payment scams, and the deal will be based on the selling price of the car, not monthly payments. If they start negotiating the car by monthly payment, it’s time to leave. If they keep trying to shift your APR up or down depending on whether you buy a warranty or VIN etching, it’s time to leave. But if you do finance through a car dealer, leave a deposit on your credit card, and do not take delivery of the car until the loan has been approved in writing a few days later. Then you know the lender has approved your loan. The dealer hands you the keys and say it’s all right to drive off right now with the car, but don’t do it. For buyers who lease, dealers sometimes call you a week later and claim they “made a mistake and you need to come back and sign a new contract.” WRONG. Your lease is a contract, and the dealer cannot make you undo a contract. Just think, if you tried to get out of a lease, they would come after you in court right?

What to do if this scam happens to you: If you got a good price on the car, your best solution is to preserve your deal so get your own instant financing online. If you have a credit score over 650, go online right now to Up2Drive and apply online, and get approved within the hour. They will FedEx you a check the next day; you’ll take it to the dealer to pay for your car, now you have a car loan, no “financing fell through!” If your score is below 650, then apply through myAutoLoan.com instead. If the dealer refuses your online check, you should try to get out of that deal. File a complaint with the Better Business Bureau at BBB.com, and file a complaint through your state’s Attorney General Web site. They are all aware of Spot Delivery Scams.