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Kentucky Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Kentucky on
Q: Walmart injury

Kid hit head on a misplaced display rack that was sticking out in toy section. We didn't go to doctor. Walmart was very rude and not helpful when it came to filing claim and trying to talk to management. Walmart offered 500 dollars. The negligence of the display is worth more than that to me.... Read more »

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

This would be a premises liability case against walmart for having an unsafe condition on their property. If there was not any medical treatment it will be hard to prove any kind of substantial injury. Unless there was some kind of large cut or significant scarring, without any treatment it will... Read more »

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1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: Can I sue for medical malpractice? What would I need to do to start the legal process?

In January my mother was admitted to the hospital for pneumonia and COPD exacerbation. After a couple of days, she seemed to be doing better and was no longer requiring the use of the BIPAP machine, which changed quickly, and we were never told why. We were told that she was end stage COPD they had... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

What you outline is a potential medical malpractice case. An expert medical doctor would have to review the records to determine if the doctors/hospital acted below the standard of care and if that malpractice led to her death. Additionally, you will have to discuss with attorneys whether, due to... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: I have not heard from my attorney.

About five months ago, I heard from the paralegal, telling me my attorney was standing before the judge and would be waiting to get a trial date. I have not heard from them since and they will not return my phone call, is this normal? If they dropped my case, I would certainly hear from them... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2023

A Kentucky attorney could advise best, but your question remains open for two weeks. At this point, you could send a short note asking for an update. No one here would know whether they dropped your claim. But if that was the case, most law firms would send client a letter to the effect that they... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: How do I change lawyers in a personal injury suit?

I was in an accident over a year ago and hired a lawyer the same day. However they haven't done anything at all for me including file any suit and I'd like to fire them and hire a different firm but I'm not sure how that works?

Timothy Denison
Timothy Denison
answered on Feb 16, 2023

Simply NOtify the first lawyer inWriting that you are terminating his services and ask him to send the file to the lawyer you are hiring.

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1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Kentucky on
Q: If I have a basketball goal sitting in our grass by the road and someone driving by hits it is it our fault?

When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

No. It is the drivers fault. Report it as a hit and run.

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: I was wondering, can someone sue a party, even if they put themselves in a situation where injury could occur?

I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: I had to go back to the Dr to have a second biopsy done it was supposed to have been a punch biopsy. But he walks in the

Room scalpel in hand and starts cutting away no disinfectant no lidocaine didn't ask me if it was ok to do it that way. Now I'm having panic attacks when ever I go to the Dr. Was it legal for him to do it that way without letting me decide. He was aggrivated because me and my doctor... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. You could reach out to med mal attorneys in your state to try to arrange a free initial consult. If they felt that further review was warranted, they could discuss your file with a medical professional. Good luck

1 Answer | Asked in Personal Injury for Kentucky on
Q: law suite

Can a law suite be filed against a doctor that refuses life saving surgery for someone addicted to drugs?

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2022

A Kentucky attorney could advise best, but your question remains open for a week. Until you consult with local attorneys, as a general matter, it sounds like a lawsuit that a law firm would be reluctant to consider. A doctor cannot generally be forced to perform surgery. Additionally, a doctor... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky on
Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

3 Answers | Asked in Legal Malpractice, Personal Injury and Civil Litigation for Kentucky on
Q: Is it legal to put my assets in my girlfriends name if I anticipate being sued in the future?

This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?

Brent Cox
Brent Cox
answered on Jun 2, 2023

This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: While at work an employee was injured. It has been deemed that I was not at fault for causing the injury. Can he sue me?

After completing an incident report, and being interviewed by the manager, a supervisor, and an hr representative, I was told that I was not at fault for this employee getting injured. They reviewed my statement, took statements from witnesses, and thoroughly viewed the video coverage of the event.... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2023

A Kentucky attorney could advise best, but your question remains open for three weeks. As a general matter, there's nothing to stop someone from suing another person. That's simply the way the legal system works. However, lawsuits could then be defended, dismissed, or meet other outcomes.... Read more »

2 Answers | Asked in Personal Injury, Civil Rights and Education Law for Kentucky on
Q: What can I do?

Child has been hit in face, bullied and called racial names by same child at school..Can the child's parents be held liable or the school?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

You need to consider suing the parents and the school.

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1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Medical Malpractice for Kentucky on
Q: Son is being hospitalized due to dental office "waiting" on insurance, they had received the information electronically.

I had taken him to a pediatric dentist, we have insurance. They needed to submit the claim to figure out cost, I have called and they told me they would call when they receive the information from the insurance company. This went on for awhile. We are currently sitting in Children's Hospital... Read more »

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

What is your question?

1 Answer | Asked in Personal Injury and Civil Rights for Kentucky on
Q: Does a hospital have to care for all you medical issues while placing you in a 72 hour hold ?

Plasma infusion for immune deficiency

Timothy Denison
Timothy Denison
answered on Mar 17, 2023

Generally speaking, yes.

1 Answer | Asked in Sexual Harassment, Personal Injury, Communications Law and Juvenile Law for Kentucky on
Q: My daughters school counselor came to my work asking questions that I think were inappropriate and not school related.

The questions were rumor based, they had nothing to do with school. My daughter is 14 yrs old. Is there any legal I can or should take against this?

Timothy Denison
Timothy Denison
answered on Mar 1, 2023

There’s probably no legal action to be had but you might want to discuss this matter with the counselors school superiors.

1 Answer | Asked in Personal Injury for Kentucky on
Q: Going to court for being attacked by someone 6-7 years ago, but never pressed charges, why are they doing something now?

Got a letter in the mail that I had to be in court after being attacked years ago in a gas station, they could never recover the video cause the workers knew my attacker and the police didn’t really seemed bothered to even help me so I never could press charges, I was maybe 25 at the time. 6-7... Read more »

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

Obviously the district attorney has pressed charges against your attacker and they need your testimony in court to convict

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Kentucky on
Q: My son was driving his truck (no license) going to town & another vehicle ran stop sign & hit him so hard spun truck roa

Truck in road 3 times & completely damaged the rear driver’s side bed of truck (un-driveable)

Would this still be completely all my son’s fault?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. Not if the other vehicle ran the stop sign.

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1 Answer | Asked in Civil Litigation and Personal Injury for Kentucky on
Q: Mental abused for personal & religious diet

I'm a non fish eating vegetarian for personal & religious reasons. A couple of places I've had to spend extended time at has known I'm a vegetarian for personal &religious reasons from day one . They have repeatedly given me food cooked with meat and gave me pork on many... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Legally, nothing. Practically, eat somewhere else that has vegan food. No establishment is obligated to provide a special menu for you.

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: My mom was in an accident in 1997. She didn't have insurance and her brother in her car broke his neck.

She owes 75k to insurance but her license was suspended and she hasn't had it since. Can she get it back since it was so long ago?

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Not unless she pays whatever judgment is against her or files bankruptcy.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Kentucky on
Q: If I saw someone breaking into my car, would I be legally liable for shooting them with a non-lethal paintball gun?

Hello, my neighborhood has had an issue with car theft. The previous tenant in my home had his car stolen, the perpetrator was caught on camera, and the police never pursued the offense. This has happened several more times in my neighborhood since I've lived here, and the police never do... Read more »

Timothy Denison
Timothy Denison
answered on Oct 7, 2022

Most likely not as long as it is non deadly force.

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