Blog

Elements of a Negligence Claim

Posted on Jul. 16 2012 in Personal Injury Cases

According to WAVE3.com, on July 3, 2012, in Elizabethtown, KY, a large truck, loaded with construction equipment, crashed through a baseball field.  According to the Hardin County Sheriff’s Department, no one was in the truck when it went loose and rolled onto the EABC fields in Elizabethtown.  No one was physically injured, but property damages estimated between $15,000 and $20,000. Everyday vehicle crashes are typical negligence claims.  To establish negligence, a plaintiff needs to show a breach of duty that is the actual and proximate cause of damages with no defenses. To establish duty, some states require a defendant to owe a duty only to a plaintiff in the foreseeable
read more

Kentucky Bus Crashes

Posted on Jul. 16 2012 in Blog,Car Accident Information

On June 7, 2012, FoxNews.com reported that in Hart County, KY, dozens of people were hospitalized when a tour bus overturned in central Kentucky. The bus carried 55 people, including 34 school students. The bus was going to Washington when it failed to negotiate a curve on Route 728 in Hart County before 6 pm, The Bowling Green Daily News reported. The students were from Cub Run Elementary School. A Kentucky State Police trooper said those injured were taken to three separate hospitals by ambulances and private vehicles. The Hart County bus crash is a warning to passengers to be wary of chartered buses, mass transit, and discount bus lines.
read more

Discovery After a Kentucky Accident

Posted on Jul. 16 2012 in Car Accident Information

When involved in a Louisville, KY car accident, try to discuss the matter with an attorney who handles personal injury cases right away.  Through proper medical care and financial compensation, an experienced personal injury attorney works earnestly to ensure that you receive the adequate compensation you are entitled to. Each experienced car accident attorney at our firm appreciates what it is like to be injured in an accident, and wants to make sure that a client preserves the evidence needed to strengthen the client’s case during trial. For instance, a plaintiff’s medical condition is important.  The amount of damages an auto accident victim recovers may depend on the long-lasting effects of
read more

The Daubert Standard and Expert Witnesses

Posted on May. 18 2012 in Personal Injury Cases

Kentucky uses the Daubert standard from a US Supreme Court case, Daubert v.Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).  The standard governs the admissibility of expert witness testimony during US federal legal proceedings and over half of state proceedings like KY personal injury cases. Pursuant to the Daubert standard, whether an expert witness testimony is admissible in court, depends on:  (1)whether an expert’s opinion has been peer reviewed; (2) whether an expert’s theory can be and has been tested; (3) known or potential error rate of an expert’s theory; and (4) general acceptance of a expert’s theory in the relevant scientific community.  In Daubert,the Supreme Court decided FRE 702 required a trier of fact
read more

Treatment for Spinal Cord Injuries

Posted on May. 17 2012 in Personal Injury Cases

The Kentucky Spinal Cord Injury Research Center (KSCIRC), in collaboration with clinical colleagues in the Department of Neurological Surgery, has a mission to develop effective treatments for spinal cord injury (SCI).  SCI is a heartbreaking condition usually caused by car accidents, slips and falls, or workplace injuries when there is a sudden, traumatic blow to the spine that fractures or dislocates vertebrae.  Each injury attorney at our law firm offers confident representation when it comes to handling SCI cases. The KSCIRC initially focused its research on the central nervous system (CNS)area. In 1994, the Kentucky Spinal Cord and Head Injury Research Trust (KSCHIRT) was established by surcharges on Kentucky traffic
read more

Unique Aspects of Motor Vehicle Accidents in Kentucky

Posted on Apr. 4 2012 in Car Accident Information

Motor vehicle accidents occur all across the country, however, there are certain aspects of road accidents that are specific to Kentucky and other states in its geographic proximity. In the winter, ice on the road increases the danger on Kentucky roads.  Spin-outs and other unfortunate consequences of hitting a patch of ice are avoidable if precaution is taken.  In these situations, avoid breaking quickly.  In bad weather, it is important to drive slow and be more alert than normal. The winter also brings on an increase in deer roaming the streets.  In Kentucky, deer are found most during the winter months including October, November, and December.  According to Kentucky state police,
read more

Fixing The Blind Spots Problem

Posted on Mar. 30 2012 in Car Accident Information

The National Highway Traffic Safety Administration (NHTSA) recently recommended a new rule that would require rear-view back-up cameras in all new cars, pickup trucks and SUVs by the year 2014. The rule was recommended in an effort to curb rear view collisions because nearly all vehicles have significant blind spots.  Blind spots are areas the driver cannot see either by turning around or looking in the mirrors. The implementation of the rear-view camera rule would mean drivers would be able to see what is directly behind them.  Rear-view cameras would be particularly useful in SUVs because they tend to have large blind spots. “Every vehicle has a blind zone immediately behind
read more

Mature Drivers More Likely to Be Involved in a Serious Accident?

Posted on Jan. 16 2012 in Car Accident Information

As cliched as it may seem, older drivers are statistically more likely to be a victim of motor vehicle accident fatalities. According the the AMA, drivers aged 75 or older are involved in significantly more motor vehicle accidents per mile of driving than their middle aged counterparts. Because elderly drivers are generally more physically fragile than younger drivers, they are more likely to suffer a fatal injury in a motor vehicle accident. Intervention The Kentucky state government has taken accident to mitigate the greater risk of traffic accident fatalities among older drivers by involving the Kentucky Medical Review Board. This state board works to identify drivers who have impairments that
read more

How to Obtain a Motor Vehicle Accident Report in Kentucky

Posted on Jan. 9 2012 in Car Accident Information

It’s important to take action quickly after you have been in a motor vehicle accident. When you have been in an accident, one of the most critical pieces of information regarding the accident is the official motor vehicle report. Depending on where the accident occurred, you can go to the state police station that responded to the accident in the first place. Getting the help from an experience car accident attorney in Louisville can also help expedite the process of obtaining an accident report. Hiring a Lawyer is Important When You’ve Been a Victim in a Car Accident When you are the victim in a car accident, the insurance company of
read more

Anonymous Surveys Uncover Diagnostic Errors

Posted on Jan. 12 2010 in Medical Malpractice Cases

A recent study published in the Archives of Internal Medicine analyzed 583 physician-reported errors related to missed or delayed diagnoses, mistakes the authors called a “frequent and under-appreciated cause of patient injury.” Diagnostic Errors ‘Leading Cause’ of Medical Malpractice Also calling them the “leading cause” of medical malpractice litigation, the authors cited diagnostic error rates of 10% to 15%, as confirmed by decades of data from autopsy reports. Called the Diagnostic Error Evaluation and Research (DEER) project, the study was funded by AHRQ and involved anonymously surveying hundreds of clinicians about cases in which they personally committed or directly observed what they personally deemed to be diagnostic errors. Most Common Misdiagnosis The
read more