Lawyers, Answer Questions  & Get Points Log In
Kentucky Personal Injury Questions & Answers
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 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.

1 Answer | Asked in Personal Injury for Kentucky on
Q: Yes my wife was spit in her face by an McDonald's manager on Saturday September 3 2022 at 215 pm

Yes an today mcdonald owner call us to apologize for what happen an to let us know he fired the employee

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Sep 7, 2022

You may have a case against them.

1 Answer | Asked in Personal Injury for Kentucky on
Q: I accidently skimmed someone nose with my middle finger when I turned to walk away. Is this assault?

This was an emotional time, bc I was.dealing with a bully. My daughter and I were approached by her ex and he began yelling at her in public and we tried getting him outside, he refused. I approached him used my middle finger in his face

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

A more detailed explanation of what happened is needed however based on your post, if you are charged criminally for an assault and/or an injury claim is asserted against you for an assault, then I would definitely fight it.

1 Answer | Asked in Personal Injury and Civil Rights for Kentucky on
Q: I need an attorney to file a claim for violation of rights and mental distress at the Christian County KY jail.

I was detained in isolation "the hole" without cause, with no contact, phone calls or access to legal representation for 6 days. I was not given so much as a cup to drink water from the filthy sink. I was repeatedly denied the ability to pay the cash bond, despite having ample funds in... Read more »

Timothy Denison
Timothy Denison
answered on Aug 18, 2022

Contact your local bar association or legal aid society. They maintain lists of civil rights attorneys in your area who may be able to help you.

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.

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Kentucky on
Q: how can i have next of kin taken from my daughters dad's family and given to my daughter

they refuse to give her any of her dads ashes

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

It is unclear what you are asking beyond taking ashes from next of kin and giving to your daughter. Many more facts are necessary to complete the picture and explain what is actually happening here.

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: Is there anyone besides lawyers that can help you get a misdiagnosed case to court?

If anyone is on medication for 8 years and didn’t need it, why doesn’t that speak for itself that it will harm your body.

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. Lawyers are generally the common option for help with med mal cases. You could check online if alternate resources are available, but many people do seek out lawyers for such matters. One of the reasons for this is... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Kentucky on
Q: looking to recover gambling loses in kentucky. 30k+

I read where Ive got 5 yrs to sue winner of my gambling transactions.

Kentucky Gaming Laws

Code Section

528.010; 230.010 If any person loses to another at one (1) time, or within twenty-four (24) hours, five dollars ($5) or more, or anything of that value, and pays,... Read more »

Andre Fereole Regard
Andre Fereole Regard
answered on Jan 27, 2022

Your ablility to recover will in part depend on the type of gaming activity in Kentucky.

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: How can a doctor diagnose me with a chronic disease and give me medication daily for 8 years and not be liable.

Now he informs me that I don’t have Lupus but I am still sick and got several drs I have to see for medical issues. I know that taking medicine I shouldn’t of been taking has contributed to these issues. Nobody wants to help me with my case.

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 25, 2022

In order to file a medical malpractice action you must prove that your doctor committed an error and was negligent in doing so. Misdiagnosis is an error. Further that damage or injury was caused by the negligence. Causation and damages should be established via expert medical testimony. Be... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... Read more »

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I was under the influence of alcohol and crashed car into a ditch but not arrested or charged when out on bond

Does the prosecutor get accident reports? And if so why no warrant or citation?

Timothy Denison
Timothy Denison
answered on Dec 4, 2021

The warrant and/or citation could still come. They could still be investigating. Hopefully, the prosecutor doesn’t see your post since you just admitted to driving under the influence in it. Might be a good idea to take it down before anyone else sees it.

1 Answer | Asked in Contracts, Personal Injury, Constitutional Law and Legal Malpractice for Kentucky on
Q: Can I sue a lawyer for unprofessional conduct hand write contract I can't read an failing to sign into my case

Can I sue this local lawyer for unprofessional conduct he provided a note pad paper scribble on it call it a contract took 1400 dollars for my injury case promised he move it did not an did not even announce are sign into my case showing he was my lawyer at all an I the client had to catch the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 25, 2021

You need to have an independent attorney review your case and determine how to proceed. Whether you can sue the first lawyer will depend largely on whether you have actual damages from his handling of your case.

1 Answer | Asked in Family Law and Personal Injury for Kentucky on
Q: can you be charged with a crime in Kentucky and not be advised, never had a trial, always waiver of recording ,

took my child from me , court records altered through the Clerk of Court , I was recently informed through a reliable source that custody was already took and The Department of Community Based Services and Commonwealth of Kentucky's Court of Justice are hiding it from me , I have trial for a... Read more »

Timothy Denison
Timothy Denison
answered on Oct 29, 2021

Hire a private attorney who regularly handles tprs and can get to the bottom of what’s really going on in your case.

1 Answer | Asked in Personal Injury and Car Accidents for Kentucky on
Q: Do I have a case if I'm not sure the other driver had insurance

I was rear ended yesterday and the driver did not speak English so no one knows if he had insurance

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Oct 2, 2021

Several options may be available to you. A. Try to locate the insurance on the guy that hit you, B. Check your own coverage for uninsured motorist coverage. I say definitely worth exploring if you are injured. Speak with a lawyer.

1 Answer | Asked in Family Law, Personal Injury, Juvenile Law and Small Claims for Kentucky on
Q: What should I do?

My son (7years old) and a neighbor kid (10-11 years old) were playing with a group of kids and the boy was hitting my son in the face with a soccer ball and my son went to kick the kid to get him to stop and the kids phone fell out and broke, and the boys mom said they have a family member who saw... Read more »

Timothy Denison
Timothy Denison
answered on Aug 29, 2021

Don’t pay for anything. Never reward bullying.

Q: Do i need to have someone look into a lawsuit i had then was dropped due to lawsuit open in different state i ever lived
Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.