Frankfort Kentucky Personal Injury Blog

4 things to remember when sharing the road with semitrucks

You have probably had to share the road with semitrucks in and around the Frankfort area. You may have even had a few close calls with one of these large trucks. When driving near semis, the most important thing you can do is to stay alert. Also, you should remember to give truckers plenty of room.

While driving close to large commercial trucks can be very dangerous, there are some things you can to decrease the chances of an accident. The next time you find yourself driving next to a semitruck, keep the below things in mind.

Damages for pain and suffering in Kentucky

Many Frankfort area residents will suffer an injury of some type during their lifetime. These injuries may result from negligence, including car accidents, slip and fall, animal bite, violent incident or other personal injury occurrence. A person who suffers one of these injuries may be eligible for pain and suffering damages.

Pain and suffering damages is compensation a person receives for non-economic damages. It can be for emotional distress, pain and suffering or inconvenience. There is a statute of limitations that is one year for personal injury and medical malpractice, seven years for personal injury from construction defect and five years from date of sale of product or eight years from date of manufacture of product that caused an injury. There is no cap on the amount that can be awarded for compensation.

Have you been injured by an uninsured driver?

Unfortunately, there are still drivers in Kentucky who drive without having insurance. These drivers pose a risk to other drivers on the roads. Those who are involved in a car accident with an uninsured driver do have legal options.

Drivers in Kentucky are required to carry property damage and bodily injury liability insurance. Failure to have this insurance can result in fines. When people are injured in a car accident, they often face many unexpected expenses, including lost wages and medical expenses. These can amount to thousands and thousands of dollars. If a person is involved in a car accident with an uninsured driver, they do have legal options. Kentucky is a no-fault state, which means insurance will pay injury claims up to a certain amount regardless of whose fault the accident is. If the injuries received are above the minimum that insurance pays, uninsured motorist coverage may be available. A person can also file a lawsuit against the uninsured driver in order to recover compensation.

Elements needed for a wrongful death case

Accidents happen every day in Kentucky. These accidents are often unexpected and sometimes cause serious injuries and even death. When a fatal accident occurs because of another person's negligence, they may be able to be held liable for wrongful death.

A wrongful death lawsuit can be filed on behalf of the victim by the victim's family. In order to file a wrongful death lawsuit, there are elements that need to be present. These include the death of a person, which was caused by another person's negligence, the surviving family members need to have suffered a financial loss because of the death and there is a personal representative for the victim's estate.

Have you been the victim of a slip and fall accident?

When a Kentucky resident visits his local grocery store, shopping mall or other venue, he doesn't expect the visit to end with an injury. Most places understand the importance of safety for their visitors, but occasionally negligence occurs where someone is hurt because of a slip and fall accident.

A property owner has a duty to make sure his property is not dangerous or have unexpected hazards. Their customers and visitors have the right to be on the property and should not have to worry about suffering from an unexpected injury caused by a property owner's negligence. These accidents can happen to anyone at any time. There can be a loose floor mat, a pallet in the middle of the floor, a wet floor or ice on the sidewalk that wasn't salted. Any of these conditions, and more, can lead to a fall. These accidents can cause broken bones, sprained ligaments and even a serious head injury.

More changes proposed to state's malpractice laws

Kentucky state lawmakers have once again set their sights on the state's medical malpractice laws. This month, the Senate Health and Welfare Committee moved forward with Senate Bill 20. If it passes and is signed into law, it will cap plaintiffs' attorneys' fees in medical malpractice cases.

But it doesn't stop there. Lawmakers' proposed changes to the law includes requiring plaintiffs seeking to file malpractice claims to get affidavits of merit from medical experts before filing their petitions. These affidavits would have to state that the experts believe that the standard of care that was rendered to the plaintiff had been breached by the physician or other health care professional.

What are the top causes of construction site deaths?

Many people in Kentucky work in the construction industry. Construction work often pays well and is a good job for many people. But, construction work can also be dangerous. Those who are injured on a construction site can suffer from very serious injuries, and even death.

The Occupational Safety and Health Administration has listed the top four causes of construction site deaths. The leading cause of construction worker deaths are falls. Falls can occur in many situations, including falling from scaffolding and roofs. When an employer doesn't provide necessary safety equipment, such as fall protection, safety harnesses and hand rails, a worker can unexpectedly suffer from a fatal fall. The second leading cause of construction worker deaths is electrocution. Following falls and electrocutions, being struck by an object and getting caught in between accidents are the leading causes of construction worker deaths.

Brain injuries can be serious

Many Kentucky residents know someone who has had a brain injury. A brain injury can be mild, but many times they are serious. There are many different ways a person can suffer a brain injury.

Every day over 100 Americans die from a brain injury. A brain injury is caused by an impact to the brain, usually a severe blow to the head. There are many ways a person can suffer a severe brain injury. One of the more common ways is in a car accident. Other ways include sports injuries, falls, explosions, domestic violence, workplace accidents and medical malpractice situations.

Preparing to discuss your legal options after a car accident

It is hard for a person to move past a car accident. A serious car accident can affect a person's life for a long time. Sometimes, a person may want to meet with an attorney to discuss their accident, especially if the accident may have been caused by another person's negligence.

A car accident victim may want to prepare for their meeting with their attorney. First, they should write down a timeline of what happened. An attorney will want all the specifics that you can contribute, so making a timeline with as much detail as possible is a good idea. In addition, a victim should bring their insurance information, accident reports, medical records, photographs of the accident scene, witness names and the names of relevant doctors, police officers and other emergency and medical personnel.

Apartment living and dog bites: Is your landlord liable?

For a lot of people, the simple fact of living in an apartment building should not be the reason why they can't own a dog. In fact, many small breeds are well suited for apartment living and not only offer companionship and entertainment, but can also be trained as helper dogs for those with disabilities or special needs.

Unfortunately, much like people, a dog's temperament can fluctuate. A usually docile dog can easily become aggravated if the circumstances are right, which can lead to aggressive behavior that could leave an innocent bystander on the receiving end of a vicious bite. In these cases, compensation is owed to the victim, but who is liable to foot the bill?

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Frankfort, KY 40601

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