Punitive Damages in Personal Injury Cases in Kentucky
In 2017, U.S. Senator Rand Paul of Kentucky was tackled by a neighbor in his own front yard in Bowling Green. Senator Paul filed a civil lawsuit against the attacker and was awarded almost $600,000. Only about $7,800 of that was for medical expenses, and $200,000 for pain and suffering from broken ribs and painful medical procedures. Those are considered compensatory damages. The bulk of the award, $375,000, was punitive damages awarded by the jury. Compensatory vs. Punitive Damages [...]READ MORE
Contingency Fee Arrangements in Personal Injury Cases
What you know about contingency fees may be based on various news stories about excessive payouts after trials. The Kentucky Supreme Court recently ruled in a case where the Attorney General’s office selected law firms to represent the state in opioid litigation, but the Kentucky General Assembly was concerned about the potential size of the contingency fee payout to the firm. The committee which rejected the contract stated it was protecting taxpayer dollars by raising concerns over the [...]READ MORE
Attractive Nuisance Part Two: Guarding Against Attractive Nuisance Liability
This is Part Two of a two-part post. In Part One, you will find common examples of attractive nuisances. No property owner wants to be responsible for a child being injured. The best way to guard against attractive nuisance liability is to be as careful as possible when dealing with hazardous conditions on your property. Using examples of attractive nuisances from our previous post, below are ways to protect children from injury on your property and to guard against potential liability [...]READ MORE
Attractive Nuisance Part One: Common Examples of Attractive Nuisances
This is Part One of a two-part post. Part Two will discuss common ways to protect yourself and your property against liability under attractive nuisance doctrine. Since most of us are spending more time at home with our families due to COVID, it may be common for children to spend more time outside at home when they would otherwise be at school. For that reason, it is critical to ensure children outside are safe from “attractive,” yet dangerous, places outside. Even normal back yards are [...]READ MORE
The Good Samaritan Law and Duty to Rescue in Kentucky
You have likely heard countless heartwarming stories of everyday heroes saving people in distress. Sometimes, the heroes have never met the person they save, and did not owe that person any special duty to put themselves in danger to save another person. It is often out of the goodness of our hearts that we act to help an individual in danger. Did you know that in some jurisdictions, you may have a legal duty to help someone in danger? This obligation is known as a duty to rescue, and there [...]READ MORE
Liability for ATV Accidents in Kentucky
ATVs, also known as all-terrain vehicles, are used for a number of purposes, including for working on farms. However, most people ride them for fun. While many thrill-seekers enjoy riding ATVs, these motorized vehicles can be very dangerous. In fact, since most riders use ATVs for riding on rugged terrain and off-road areas, these vehicles tend to tip and roll over, especially when driven at high speeds. So, is the rider the only at-fault party in ATV accidents? Or can other parties be held [...]READ MORE
First-Party vs. Third-Party Insurance Claim in Kentucky: What is the Difference?
If you sustained an injury, you might be able to pursue a personal injury claim. However, what many do not realize is that they have two options: Filing a first-party insurance claim; or Filing a third-party insurance claim. The type of insurance claim that you must file in order to obtain compensation depends on your circumstances and the facts surrounding your car crash, slip and fall accident, bicycle collision, or other accident. In fact, under certain circumstances, you can pursue both [...]READ MORE
What is the Average Settlement for Personal Injury in Kentucky?
Anyone who gets injured in a car crash or another accident due to the negligent actions of another person may be overwhelmed by the medical bills and other expenses that keep piling up. In view of this, anyone who is preparing to file a personal injury claim – or has already filed one – deserves to know how much compensation they will obtain. Since calculating damages and losses in a particular situation takes some time and effort, many people are searching for the “average settlement for [...]READ MORE
Seven Social Media Mistakes to Avoid When Your Personal Injury Case is Pending
If you have a pending personal injury case or are preparing to start one, there are so many things you can do to reduce your chances of success. One of these things is using social media as if your accounts are not a public record. However, it does not necessarily mean that you should delete your accounts until your case is settled (though doing so would definitely help you avoid mistakes altogether). If you have no intention to disappear from social media, avoid the following social media [...]READ MORE
COVID-19: Can You Sue Someone for Infecting You?
If you tested positive for COVID-19 and know how you contracted the virus, you may be wondering, “Can I sue another person for infecting me with coronavirus?” Typically, yes, you may be able to sue the person who infected you with COVID-19 if they did it intentionally, or your infection was the result of their negligence or carelessness. A common scenario in which you can file a coronavirus-related personal injury claim would be when the infected individual tested positive, they knew that [...]READ MORE
How COVID-19 is Affecting Kentucky Personal Injury Cases
We have been getting a lot of questions from clients about how the novel coronavirus has or will affect personal injury claims and lawsuits. The short answer is that we do not fully know the scope of the impact, but we do know that the limitations on business and Court interactions have and will continue to slow down the timeline of claims and litigation. Kentucky Supreme Court Orders On March 13, 2020, the Kentucky Supreme Court entered an Order mandating that “All civil trials, hearings, [...]READ MORE
Train Accidents in Kentucky: Causes, Types, and Financial Compensation
Although railroad accidents are not as common as car accidents or even truck crashes in Kentucky, when they do occur, they typically cause catastrophic injuries and tragic deaths. The combination of a train’s massive weight, speed, and force make these accidents more devastating in their nature. A railroad accident victim can end up with broken bones, head or brain trauma, back injuries, or other severe damages. Often, train accidents in Kentucky are the result of equipment defects, [...]READ MORE
Kentucky Laws Changing in 2020
Kentucky legislators are rolling out a number of changes to state laws in 2020. As a resident of Kentucky, you need to be aware of these changes because they might impact your personal injury case. Some of the most prominent law changes in 2020 in the state of Kentucky are: The tobacco purchase age limit; Vision requirements for motorists; and Updates to the ignition interlock device system. Raising the Tobacco Purchase Age Limit Plans to raise the minimum age to buy tobacco in Kentucky [...]READ MORE
Thanksgiving Safety Tips to Prevent Personal Injury
Thanksgiving is a wonderful time of year to visit your family and spend quality time with your loved ones. However, there are many hazards you should be wary of when preparing for and celebrating Thanksgiving in 2019. You may get compensated for your Thanksgiving-related injury in certain circumstances. Here at Roberts Law Office, our Lexington personal injury lawyer will evaluate your case to determine whether you have a right to obtain compensation for your injuries this holiday season. [...]READ MORE
Lexington E-Scooter Accident
Lexington has seen its first e-scooter-related death since electric scooters were introduced to the city late last month. A 35-year-old man died while riding a new Lime e-scooter. Liability for the accident is yet to be determined. E-scooters are a thrilling way to get around the city, but there are many unanswered questions regarding the liability of Lime and other companies renting electric scooters to Lexington residents when riders are involved in accidents. Can Lime or another [...]READ MORE
Rental E-Scooters Now Available in Lexington: What About Liability for Injury?
Lexington residents who commute to and from work by car, public transportation, bicycle, or on foot now have a new way to get around downtown Lexington. Starting October 22, Lime and Spin are launching electric scooters in the city. Initially, Lexington residents will see around 360 e-scooters around the city. While some say that electric scooters are a healthier, eco-friendlier, and more fun alternative to other means of transportation, others are worried about the risks associated with [...]READ MORE
Kentucky Health Officials Investigating 25 Vaping-Related Lung Injury Cases
Kentucky health officials are currently investigating 25 lung injury cases linked to vaping, while injured “vapers” continue filing personal injury lawsuits against JUUL and other e-cigarette producers. WKYT reported last week that the Kentucky Department for Public Health is currently investigating 25 cases of lung illnesses associated with vaping and e-cigarette use. One of the cases is directly linked to vaping, while the other four are probable. In the confirmed case, a Kentucky man in [...]READ MORE
Compensation for a Coal Miner’s Injury or Death in Kentucky: How Does it Work?
Underground coal mining is one of the most dangerous occupations in the U.S., with Kentucky seeing more deaths of coal miners than all other states. For a coal miner living in Kentucky, the risk of dying while performing his job is just as high as being killed in a car accident. The hazardous conditions in underground mining present significant risks to the coal miner’s health and life. Some of the dangers associated with a coal miner’s job are: Working in a cramped environment Being at [...]READ MORE
Lexington Pedestrian Accident Highlights the Dangers of Walking in the City
The National Highway Traffic Safety Administration (NHTSA) estimates there is one crash-related pedestrian death in the U.S. every 90 minutes. Statistically speaking, more than 5,000 pedestrians die every year as a result of being struck by vehicles, while about 80,000 sustain life-threatening and permanent injuries. Pedestrian fatalities have increased in Lexington, with the Lexington Herald-Leader reporting that more pedestrians were killed in 2018 than any year since the city began [...]READ MORE
Vaping-Related Lung Illnesses in Kentucky: Everything You Need to Know So Far
Since the beginning of the year, hundreds of reports have surfaced about lung injuries and deaths associated with e-cigarette use and vaping. The CDC has identified at least 805 lung injury cases reported in 46 states and 1 U.S. territory. The agency has confirmed at least 12 deaths in the U.S. On Friday, September 27, Kentucky health officials confirmed at least one case of the severe lung illness related to vaping products, according to the Courier-Journal. If you suspect that your lung [...]READ MORE
What Your Personal Injury Lawyer Needs After an Accident
As most of us know, the process of handling a car accident claim can be exhausting. Aside from dealing with the effects of an accident including personal injuries, property damages, or pain and suffering, a Kentucky driver also has to go through the process of filing a claim with his or her insurance company and possibly seeking more compensation through other claims or lawsuits. An experienced personal injury lawyer can ensure that the process comes with as few headaches as possible. A [...]READ MORE
How are Pain and Suffering Calculated in a Personal Injury Case?
After you have been in a car accident in Kentucky, your personal injury attorney may ask for certain details about the damages you are seeking in your case against another party, whether it is an insurance company or another individual. The term “damages” relates to any sort of loss you experienced as a result of your accident. There are two types of damages to consider — economic and non-economic. Economic, also referred to as special damages, consist of any easily calculable damages [...]READ MORE
Diagnosed with Mesothelioma After Being Exposed to Asbestos on a Railroad
If you or a family member worked for a railroad company during your lifetime and were later diagnosed with mesothelioma, you may be able to file a claim under a unique federal law to recover financial restitution for your harms and losses. A survey of railroad workers revealed that approximately 21% of the surveyed workers who were older than age 50 admitted to being exposed to asbestos during their careers. The surveyed workers also admitted to being exposed to asbestos consistently, with [...]READ MORE
Seven Steps of a Personal Injury Case
In the days, weeks, and months following your injury, every moment counts. Between seeking medical treatment, going through the recovery process, consulting with a personal injury attorney, and fighting to get the compensation you deserve for your injury, it is a busy time. At Roberts Law Office, we help you navigate through the personal injury process so you can recover quickly without worrying about managing your case. The following are seven common steps to any personal injury case. Get [...]READ MORE
Do I Really Need a Personal Injury Attorney?
If you were involved in an accident that was caused by someone else, whether it happened on the road, at a hospital, or even on that person’s property, you may have spent some time in the hospital recovering from your injuries. Now that you have a better understanding of what happened and why, you may wonder if you should hire a personal injury attorney to help you seek compensation for your damages. No matter the severity of your injuries, you should certainly hire an experienced attorney [...]READ MORE
Why are Personal Injury Claims So Important?
More than 300,000 personal injuries occur in the United States per year, when people are injured at the hands of others. These injuries are sustained in different ways and may include motor vehicle accidents, dog bites, fall accidents, medical malpractice, and even physical assault. When a person is injured in a car accident caused by another driver, attacked by a dog belonging to a neighbor, or slips and falls because the floor inside a building was wet, that person has the right to file a [...]READ MORE
The Benefits of Working with an Experienced Personal Injury Attorney
If you have suffered a personal injury and you are interested in seeking compensation from the person who is at fault, you should work with an experienced personal injury attorney. Trying to seek compensation on your own could lead you down a frustrating and difficult road on which you are constantly dealing with denials. After suffering from extensive injuries, the last thing you need to deal with is a difficult insurance company refusing to honor your claim. Hiring a reputable attorney is [...]READ MORE
How to Care for a Burn Injury on the Job
Thousands of people suffer from burn injuries while working each year. While some of those burns are considered minor injuries, others are extremely severe and can even cause an individual to spend weeks or months in the hospital. Knowing how to care for a burn injury on the job is one way to ease the pain and treat the ailment immediately. There are certain steps you are going to need to take if you end up with a burn as a result of something that happened while you were trying to get your [...]READ MORE
Importance of Learning CPR and First Aid for Work
Accidents can easily happen at work when you least expect them to. Despite following protocol and taking proper precautionary measures to avoid dangerous situations and problems, thousands of employees are injured while on the job for one reason or another. It is best for employees to learn CPR and basic first aid techniques for when they are at work because these skills can come in handy at some point in the future. It is never too late for you to learn these life-saving techniques. Why [...]READ MORE
When to Speak to an Attorney After Suffering a Work Injury
Sustaining an injury at work is not the kind of thing that most people ever expect to deal with, but work-related injuries happen every day. If you were recently injured at work, you may no longer feel as good as you once did before you got hurt. If you do not feel the same and you are still working hard to recover from the pain, you are likely out of work and losing out on money that you would have made if you were never injured in the first place. Now that you are going through such a [...]READ MORE
The Dangers of Talcum Powder
Talcum powder has long been the focus of lawsuits and news reports because of the dangers associated with the product. Many of the lawsuits filed over talcum powder are originated by women who used the powder on their genitals. The powder has been linked to ovarian cancer, lung cancer, and other medical conditions in both women and men. It is in your best interest to avoid using this product, but if you have, you should speak to an experienced personal injury attorney in Kentucky. What is [...]READ MORE
What is the Timeline for a Personal Injury Case?
When you suffer an injury in any type of accident, you are entitled to compensation if the accident was not your fault. The other person or entity responsible for the accident that left you injured should be held accountable for their actions. This means that you can file a lawsuit against the at-fault party for compensation that can cover your medical bills, lost wages, pain and suffering, and more. The timeline for a personal injury case in Kentucky will look like the following in the [...]READ MORE
Recoverable Damages in an Injury Case Per Kentucky Law
A personal injury case can involve various injuries and be caused by different accidents, including construction, truck, car, slip and fall, and many others. When you are injured in such an accident and need to acquire compensation for your injuries, you need to know exactly what you can recover in Kentucky. Recoverable damages per Kentucky law can help you pay for medical expenses, recover lost wages, and help you stay out of debt as you try to recover from your injuries or endure multiple [...]READ MORE