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Kentucky personal injury cases can be divided into two main categories: (1) cases alleging that the responsible party was negligent; and (2) cases alleging that an injury was the result of an intentional act.
In a Kentucky case involving an allegation of negligence, the injured party claims that the responsible person (or company) was careless or reckless or in some other way failed to have the proper regard for the safety of the injured person. Negligence can arise when the responsible person acts in a way that causes an injury. Negligence can also arise in the situation where the responsible party fails to act.
In Kentucky personal injury claims alleging negligence, the injured person must prove that the responsible person owed a duty to exercise reasonable care. It must also be proved that the accused person violated that duty and that such violation resulted in the injured person's damages. Finally, it may be necessary to prove that the responsible party could have reasonably foreseen that the injuries claimed could arise from the negligent conduct. A car accident is a good example of a Kentucky personal injury case alleging negligence. Drivers owe a duty of reasonable care. For example, in Kentucky, a driver must keep a reasonable lookout, obey traffic laws, maintain control of their vehicle, etc. When a Kentucky driver fails with regard to this duty of reasonable care and causes an accident, the failing driver may be held liable for injuries that arise from accidents resulting from negligent driving.
Damages include medical expenses for treatment of accident-related injuries, future medical expenses, pain and suffering both in the past and into the future, lost wages, and future lost wages if the injured party will suffer an impairment of his or her ability to earn in the future.
Other examples of negligence lawsuits in Kentucky include medical malpractice injuries, nursing home neglect cases, premises liability (slip and falls) cases, product liability cases, tractor trailer accidents, etc.
In Kentucky, a lawsuit alleging an intentional tort or an intentional act resulting in injury arises when the responsible party intends to commit the act that results in injury. Intentional tort lawsuits are much less common in Kentucky. One of the reasons is that many insurance policies do not cover intentional acts. However, sometimes, there is insurance coverage or the responsible party may have sufficient assets (i.e. money) so that it appears the injured person may have the ability to collect in the event of a successful lawsuit.
Many intentional tort lawsuits arise from criminal activity. However, there are also civil intentional acts (those that don't rise to the level of criminal acts) that give rise to Kentucky personal injury lawsuits.
If you believe you have been injured as a result of either a negligent or an intentional act, you may want to discuss your concerns with a personal injury attorney in Kentucky. You are welcome and encouraged to contact or call the law firm of Brett H. Oppenheimer, PLLC. Brett may be contacted by e-mail: email@example.com. You may also call toll free (866) 935-5729.
Attorney Brett H. Oppenheimer explains the purpose of the phone call blog. He believes it is an opportunity to share some of the stories and inquiries that come to him by email and telephone so you can learn about the types of cases he and his staff consider. The phone call blog is a compilation of stories that come to him from people just like you. To learn more about the phone call blog, please view this short video.
I received a call from the father of an adolescent male. His son had been diagnosed with ADHD and, among other medications, was prescribed Risperdal. His son had recently been diagnosed with Gynecomastia (male breast growth). The father had learned through an internet search that Gynecomastia is a complication of Risperdal. Unfortunately,... read more
We received an inquiry from a contractor who had had two fingers severed and one injured substantially when he was injured by a table saw. Injuries from table saws can certainly be significant. We explained that where there are serious injuries we are interested in investigating claims associated with recently manufactured table... read more
We received a call from a 58 year old gentleman that had been using testosterone replacement therapy ("Low-T" gel) for approximately 60 days when he suffered a heart attack. He had seen something online about dangers associated testosterone replacement therapy and increased incidences of heart attack and stroke, and, therefore, called. I... read more
A man in his twenties contacted our office to discuss a significant injury he suffered while using a table saw. Every year, tens of thousands of injuries are suffered by table saw users. Many injuries occur as a result of kick-back, and that is exactly what happened to this man. Kick-back can... read more
A woman in her mid-fifties contacted our office to discuss her recent diagnosis of Type II Diabetes. She had been prescribed Lipitor to help lower her cholesterol. In fact, results from a recent study showed a drastic increase in Type II Diabetes in menopausal women using Lipitor. One of the criteria as... read more
We were contacted by a middle aged woman who had recently undergone surgery. She and her family were told that her surgery was anticipated to last approximately an hour and a half. Concerns arose during the surgery and, ultimately, the surgery lasted almost six hours. When the patient awoke, she had pain,... read more
Brett Oppenheimer Comments on the article from the Milwaukee Journal Sentinel, Medtronic's Infuse Moves From Operating Room to Courtroom (by John Fauber) I have reviewed this article by John Fauber and believe that it offers an objective and largely accurate synopsis of the history and current litigation status of Infuse. Infuse® is... read more
By Rebekah Kearn SAN JOSE, Calif. (CN) - Stock prices for Intuitive Surgical dropped from $573 to $393 per share when it was found that the company had grossly underreported injuries and deaths caused by its da Vinci robotic surgery device, shareholders claim in a federal derivative complaint. The City of Birmingham (Ala.) Relief... read more
Drug prescriptions for testosterone therapy have nearly tripled since 2001 for American men suffering from "Low T," a condition that is more frequently the natural result of aging rather than any disease. Testosterone therapy in these men has been found to significantly increase the risk of heart disease and cardiovascular disease,... read more
A recent large study has found additional evidence of significantly increased risk of cardiovascular disease in middle aged men and older who are prescribed testosterone for "low T." Click here to read the original New York Times article... read more
By Christopher Jensenmarch 2, 2014 For Laura Christian, July 29, 2005, was the worst kind of anniversary. One year earlier, Ms. Christian had been reunited with Amber Marie Rose, the daughter she gave up for adoption at birth. But Ms. Christian did not get to call her daughter a year later. In the predawn... read more