Kentucky Personal Injury Legal Questions

You probably do have some kind of claim. However, if serious injury did not ensue then I do not think you should pursue the claim. The possibility of serious damages is not enough and it would not be worth your while to pursue such a claim. If there are permanent damages or injury then you should contact an attorney immediately.... Read More

You clearly need to document the event with as many details as possible.  If you can get a copy of the work order and invoce , then do so.  File an incident report with the landlord and keep a copy. Then, you need to wait to see if your girlfiend or her child develope any medical issues related to the pestifice exposure. While you can certainly prove negligence, right now you cannoy provide an injury caused by the spraying. Regretfully, you are in a hurry-up-and-wait mode...... Read More

Yes, an attorney will help cover your medical bills. The Insurance Research Council conducted a study in which it found that those with attorneys obtained 350% more than those with similar injuries who did not have attorneys. An attorney in your corner lets the insurance company know you are serious about getting fair compensation.... Read More

Dental Hygienists are permitted to perform certain functions without the dentist actually present. Take a look at KRS 313.040 by using the following link and it will provide some circumstances in which a hygienist may practice without the presence of a dentist: http://www.lrc.ky.gov/statutes/statute.aspx?id=40141 I hope this has helped.... Read More

Hello and thank you for using LawQA! The at-fault driver and his/her insurance company will be liable for the damage caused to you and the rental vehicle. If you have auto insurance, presumably you do for the vehicle the rental vehicle was replacing, then your insurance company will process your PIP claim up to at least $10,000 for things like medical expenses, lost wages, and out-of-pocket expenses. If another driver caused the wreck involving the rental vehicle you were driving then his insurance will cover your claim for pain and suffering, medical bills over $10,000, and other areas of damages for which the law of Kentucky requires compensation to such injured individuals.... Read More

From the facts thatyou describe, your injury appears to be due tou your own actions. You jumped from a raised platform and broke your ankle.  No one has any obligation to pay your bills or lost wages. The only exception would be if you have short term disability insurance either through your job or on your own.  You can contact the Human Resources Cabinet to determine if there are any welfare benefits for which you may be eligible.... Read More

No -- submit the full bill. Way more likely than not, your health insurance contract has a subrogation provivision that allows the health insurance company to recover from the settlement funds paid for your daughter's injuries that part of the bill the health insurance company paid. The health insurance company has to takle affirmnative steps to put you on  otice of its claim.  If they never put you on notice or seek recovery, then they waive their rights.... Read More

First of all, your heath insurance is required to pay the bills.  Your health isnurance would then be entitled to be reimbursed from any settlement you might get.  Talk to a supervisor and tell them that you are going to file a complaint with the insurance commission -- http://insurance.ky.gov/static_info.aspx?static_id=1. Note too that your health insurer cannot require you to pursue a claim aganst your landlord as a condition of paying the bills. You should immediately obtain representation.  Your landlord may well stonewall you if you are not represented. You need to take a lot -- and I mean a whole lot -- of pictured of the hole from all angles.  Put a yardstick across the hole to verify the size and depth. If you have not done so alrady, make a detailed log of ALL contacts of all types that you had with the landlord regarding the hole. Make sure to save all medial bills you receive -- start a folder or shoe box where you keep everything, including a copy of your written lease. I am certain your lawyer will have additional instructions, but this is a good start.  ... Read More

You have a workers' compensation claim to address medical bills and lost wages.  Make sure that you file an accident report within 30 days of the incident and promptly seek appropriate medical care. Under KY law, a co-employee and your employe are immune from being sued for negligent or reckless actions causing injury to a fellow employee.  You can pursue an intentional tort lawsuit if you can proved that the co-employee acted with premeditation to purposefully cause you to be injured.... Read More

You are not required to provide an authorization to them. Ask them which records they are missing and either sign the authorization or, preferably, get them yourself. If you are receiving ongoing medical care then you should not settle with them until you reach Maximum Medical Improvement. You should be aware that the value of your claim can be increased substantially simply by having an attorney represent you.... Read More

Wal-Mart -- like any other retail company -- will require you to prove the extent and severity of any premise injury. You will need to present proof, i.e. medical documentation of the injury. Given that you have gone 4+ weeks since the fall without seeing a doctor, IMO, your claim likely has no real value.  Treatment gaps -- especialyy right after the incident, are real killers.... Read More

To force the issue with State farm, you would have to file a lawsuit against the owner of the home in which the freezer was located alleging that the freezer was negligently maintained, operated, services, etc.  You would also need an electrical expert to testify that there was negligence. If the work was being done in your own residence or you are the owner of the freezer, then there is no claim for personal injury because you cannot sue yourself. Essentially, bring the claim -- including paying for the expert -- would likely cost around $5,000 or more for court costs, deposition transcripts, expert witness fees, etc., and that does not include attorney fees/expenses and medical bills.  If insurance paid the medical bills, then you would have to reimburse the insurance company that paid the bills. Unless the scars are really horrendous and are causing flexion constrictures, scars on the arms and legs are not nearly as "valuable" as would be facial scarring.... Read More