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Kentucky Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Kentucky on
Q: I had a slip and fall out of the tub in a TN state park inn. Got hurt badly. What are my rights?

Had complete shoulder replacement

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

You could possibly have a case and an attorney in the applicable jurisdiction could outline your rights. However, if that State Park Inn has any affiliation with a state entity, keep in mind that many jurisdictions apply short notice of claim statutes to protect public entities. I don't know if... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: I was severely injured in a scooter accident on oahu. Does scooter owner cover my injury costs? Do I pay for damages?

Told witnesses that front wheel felt as if it went flat, started to wobble and I lost control of bike causing me to crash into parked truck. I sustained serious injuries, spent 9 days in Honolulu hospital just to stabilize me enough to travel home to Kentucky. Scooter rental company is asking me... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 25, 2019

I'm sorry to hear about your serious injuries. You posted this in Kentucky, but you should be directing your inquiry to attorneys in Hawaii. You should immediately contact law firms in Hawaii that handle injury. You should do this without delay because based on your description of the failure of... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: if 5 families own private steps to dock pod, are all liable in case of accident?

Private steps. one property is rental B and B, steps steep. Use of dock slip by renter prohibited by USCorps.

Anna Aleksander
Anna Aleksander answered on Jul 7, 2019

They may be held jointly and severally liable, if they failed to follow the KY premises liability law regarding maintaining, or warning a person entering their premises depending on the circumstances of the case. They will only be held liable if they are negligent or gross negligent and owed a duty... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: If I was in a car wreck and wasn't put on the police report is there any way to fix that so I can make a claim
Timothy Denison
Timothy Denison answered on Feb 20, 2019

Yes. Contact the investigating officer and ask him to supplement his report. You can still make a claim but supplementation first is preferable.

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1 Answer | Asked in Personal Injury for Kentucky on
Q: employee is diabetic and has a seizer then falls and gets hurt at work all at the same time is the company responsible
Tim Akpinar
Tim Akpinar answered on Jan 29, 2019

Since this occurred at work (in the course of employment), you should consult with a workers' comp attorney. You could additionally post the question in the Workers' Compensation section of this board, where it would be more likely to be picked up by an attorney who practices in that area.... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: A softball trainer who worked at a local softball complex, plead guilty to 2 counts of sexual abuse. He was recently

sentenced to 2 years prison and 20 years on the sex offender registry. This was committed against my 16 year'old daughter. One of the acts occurred inside the sports complex. This had been a terrible ordeal for my entire family but mostly for my daughter. My question is, does the sporting complex... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Yes if he was an employee; likely no if he was with a group using the complex. Contact a member of the Ky Trial Lawyers Assn--they give free consults.

3 Answers | Asked in Personal Injury for Kentucky on
Q: I was hit in Ohio but live in Kentucky. Do I have to sue in Ohio?
Anna Aleksander
Anna Aleksander answered on Dec 26, 2018

You can sue where the accident happened or where the defendant resides.

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2 Answers | Asked in Personal Injury and Gov & Administrative Law for Kentucky on
Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
Anna Aleksander
Anna Aleksander answered on Dec 11, 2018

Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Family Law and Personal Injury for Kentucky on
Q: Mandy Bauer vs Commonwealth of Ky. After wrongfully accused and served almost 5 years before winning appeal of 20yr sen.

Now with extreme PTSD can I sew for pain & suffering on behalf of myself and my children?

Timothy Denison
Timothy Denison answered on Dec 2, 2018

You may very well have a claim against the state. Consult an attorney quickly because there are strict limitations of actions on such claims.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Kentucky on
Q: I got diagnosed with PTSD after a particularly vicious dog attack. I'm afraid to leave my house because I have panic

attacks now whenever I see someone walking their dog. Can I sue the attacking dog's owner for emotional distress?

Anna Aleksander
Anna Aleksander answered on Nov 26, 2018

You should probably be able to yes as long as you have scientific proof of your suffering, damages. Also as of 2013, KY is no longer strictly an impact state. Osborne v. Keeny. This information is not intended as legal advice.

1 Answer | Asked in Personal Injury for Kentucky on
Q: Does homeowner's insurance cover a dog attack?
Adam Michael Russell
Adam Michael Russell answered on Nov 18, 2018

Often, yes. Contact an attorney experienced with dog bite attacks.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on
Q: We was involved in a 6 vehicle wreck on Jello hill but I live in the state of Kentucky where do I need to file a claim

For injuries at.

Adam Michael Russell
Adam Michael Russell answered on Nov 18, 2018

The laws of the state where the crash occurred will control, and in most circumstances a court action would be initiated in that jurisdiction. An injury claim should first be filed with the at-fault party or parties insurance carriers. Multi-car crashes can be complicated. Do not speak with any... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: Do I have a claim? I've been treated by the same doctor for a decade and

they never suggested other treatment and now I've got a second opinion and they recommend something else. My condition never got better.

Tim Akpinar
Tim Akpinar answered on Oct 24, 2018

A medical malpractice attorney would need additional information here to advise as to whether you have a viable claim.

Tim Akpinar

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: Pursuant to F.R.Civ.P. 12(a)(4)(A), are complaint answers required or allowed, upon reversal of summary judgment.

I.E. In the initial stage of discovery, is the moving party of a summary judgment motion allowed or obligated to go back and file the answer, that was substituted by his dispositive motion, which was granted and ultimately reversed by the 6th Circuit court of appeals?

Timothy Denison
Timothy Denison answered on Oct 7, 2018

Yes. He should go back and file an answer or you should move for default against him if he does not.

1 Answer | Asked in Personal Injury for Kentucky on
Q: Is slipping and injurying myself on black ice on a storeowner's property something I can successfully sue over?
Anna Aleksander
Anna Aleksander answered on Sep 15, 2018

It depends but possibly yes. In KY the duty of care owed to you is defined by your status on the property as for example if you were an invitee on the landowner's premises they owed you a higher duty of care.

1 Answer | Asked in Civil Rights and Personal Injury for Kentucky on
Q: Can i sue the police department for negligence. I am one of Tyrone Heartfields many victims. And he got released after

only 18 months. Look up Throne Heartsfield vs. the state on ky in 2003 and also 2018 and he was let go. at least 8 victims and hes out on the street. please help make them lyable for putting woman at risk again.

Timothy Denison
Timothy Denison answered on Sep 2, 2018

No. The police department is not responsible for the sentence Heartfiekd received. It is likely the lack of evidence or failure of the legal system as a whole and unfortunate, but you have no claim against the police department.

2 Answers | Asked in Car Accidents, Workers' Compensation and Personal Injury for Kentucky on
Q: I was a passenger in a work truck involved in a 2 vehicle car accident(no fault). How would I file and what is the claim

Injuries-

-Liver allaceration

-Both lungs bruised right one with a little collapse,

-4 broke ribs (right side)

-right upper arm and side has stitches

(Need to know)

We wasn’t on the job. A employee had used the truck over the weekend while we was... Read more »

Timothy Denison
Timothy Denison answered on Aug 28, 2018

Personal injury suit against driver.

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3 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: Can a pedestrian be at fault in any way if they are injured by a car?
Anna Aleksander
Anna Aleksander answered on Aug 22, 2018

Kentucky is a comparative fault state. This site is for general questions only. To answer your question, yes it is possible. If the pedestrian was some percentage at fault in causing the result such as if for example he failed to yield the right of way to a vehicle or crossed the street on red... Read more »

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1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on
Q: How long do you have to file a lawsuit against the other driver in a car accident?
Adam Michael Russell
Adam Michael Russell answered on Aug 10, 2018

The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA. There are... Read more »

2 Answers | Asked in Personal Injury for Kentucky on
Q: I got hit and wasn't at fault, but I was drinking and the police did a sobriety test -

- do I have to tell my insurance company?

Adam Michael Russell
Adam Michael Russell answered on Jul 27, 2018

Do not provide a statement to (any) insurance company without an attorney.

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