Kentucky Personal Injury Legal Questions

If you have information that is relevant to your case, then you need to share that information with your lawyer. Remember, your lawyer is the only person involved with your case who is ethically 100% on your side.  If you conceal information from your lawyer, then you are only hurting your case.... Read Answer

Kentucky's slip and fall law is in a bit of flux as to what is called the "open and obvious" doctrine.  This doctrine essentially provides that if a hazard is something that should have been seen and avoided, then there is no liability. Slip and fall cases are extremely fact specific.  Do you have photos of the scene?  If not, then can you take photos?  Please include a ruler in the photo to show the height of the manhole cover.  Take some close-up and distance photos. We would be happy to review the photos with you once you have them.... Read Answer

The first question I have is when did this occur? You have a 1 year statute of limitations within which to either settle your claim or file a lawsuit.  If you miss the 1 year deadline, then your claim is over. As for value, that depends upon many factors such as the extent of your treatment, permanent residual impairment, future treatment needs, etc. We can certainly try to evaluate your potential claim assuming that the statute of limitations has not expired.... Read Answer

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.... Read Answer

Please see: http://www.lawyers.com/All-Areas-of-Law/Kentucky/All-Cities/attorneys-and-law-firms.html?s=Mold%20Litigation&ns=y&st=q&form=LHOM This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

The homeowner's policy should cover the claim, but it is very unlikely that they will do so voluntarily until you bring a claim through an attorney, because for the homeowner to be liable you have to demonstrate that they were guilty of negligent supervision, and until you hire an attorney they know that you will not get a position to do this.  Generally speaking, personal injury attorneys to try to settle cases before they go into litigation.   You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You should immediately contact a personal injury attorney who practices in Kentucky.  Your insurance company is not going to prosecute the case on your behalf, you will need an attorney to do that for you.  Personal injury attorneys generally work on a contingency basis which means that you won't be charged a fee unless they recover on your behalf. The case law pertaining to owner liability for dog bites varies from state to state, and so only a qualified personal injury attorney in Kentucky can give you an overview of the law, but generally speaking owners of dogs have an obligation to make sure that their pets to not pose a danger to other people. If the dog was walking free in the neighborhood that alone could be considered negligence.  Beyond that, if the dog had a previous history of biting people that would also suggest responsibility on the part of the owners. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

The settlement should have been approved by the district court where you reside through a guardianship proceeding.  You should contact the local district court and seek a judgment allowing you to spend money in this manner.  If you were represented by an attorney in the matter should contact their office for specific advice in this regard.  Otherwise, you should contact local counsel.  Failure to spend the money appropriately could result in severe penalties and even potential criminal charges.... Read Answer

This would be considered a workers compensation claim.  You should have immediately reported the injury to management.  Your medical bills and lost wages, if any, would be covered and you may be entitled to a settlement if you retain any impairment.  You should consult an attorney that handles workers compensation claims.... Read Answer

The simple answer is yes.  However, you should evaluate the seriousness of your scar and the damages it has caused in relation to your chances of actually recovering from the co-worker.  Additionally, you should keep in mind that you have only 1 year from the time of your injury in which to file a lawsuit, otherwise your claims may be time barred.  You may also consult an attorney the routinely handles workers compensation benefits as it may be considered a work injury.... Read Answer