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Kentucky Personal Injury Questions & Answers
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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1 Answer | Asked in Bankruptcy, Personal Injury and Car Accidents for Kentucky on
Q: K mean they was using an address from liks 10 yrs ago n that same insurance co. N that was on report. Hos it legal.

I cant afford an attorny in my area due to the amount they keep taking

Timothy Denison
Timothy Denison answered on Jun 7, 2018

Hiring an attorney is the only way and fastest remedy you have bc they will continue taking your money otherwise.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Kentucky on
Q: Looking for an attorney to take on Henderson County Detention Center in Henderson Kentucky.

On June 7th, 2017 my husband TBI while being booked in the Henderson County Detention Center in Henderson Ky, by the hands of the jailers. It will be a year on the 7th of this month. How can the stature of limitations be extended? We are unable to find an attorney to handle his case. We need an... Read more »

Timothy Denison
Timothy Denison answered on Jun 4, 2018

The statute cannot be extended. You absolutely must file suit by June 7, 2018, this year or his rights will be forever lost. Try attorney Mark Smith in Louisville. (502) 562-0075.

2 Answers | Asked in Car Accidents, Personal Injury, Bankruptcy and Small Claims for Kentucky on
Q: i am being garnished from an accident 4 years ago and i cant pay my bills or feex my kid. what can i do

i tried for low income assistance even but my gross is what they count. the garnishment was set at 20000 dollars but i didnt even know about it til i was being garnished

Timothy Denison
Timothy Denison answered on May 26, 2018

You may try to negotiate its the garnishee. At some point, you had to have been served with the complaint o thy couldn’t have gotten a judgment against you, which is a prerequisite for a garnishment. You may be eligible to file a chapter 7 or 13. Consult a local bankruptcy attorney who can... Read more »

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1 Answer | Asked in Personal Injury for Kentucky on
Q: My son suffered a solo brain injury while riding a motorcycle

but he wasn't wearing a helmet - is he able to file a claim

Adam Michael Russell
Adam Michael Russell answered on May 4, 2018

The short answer is yes, absolutely. Depending on the facts of the accident and your son’s age, there may have been no requirement to wear a helmet.

Whether the law required a helmet in this situation or not, a helmet is not relevant to determining fault for the crash. It may be...
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1 Answer | Asked in Entertainment / Sports, Criminal Law, Education Law and Personal Injury for Kentucky on
Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.

Is that legal, exposing him to someone else's blood like that?

Timothy Denison
Timothy Denison answered on Apr 29, 2018

Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.

1 Answer | Asked in Criminal Law and Personal Injury for Kentucky on
Q: If police lost the police report will that hurt my case for extreme emotional disturbance
Timothy Denison
Timothy Denison answered on Apr 28, 2018

No. You can depose the officers as to what happened and establish the same facts.

2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: How much should I ask for in a car accident settlement that I was at no fault for?

My 9 year old son and I were in a car accident Monday. The other driver was at fault; he crossed the center line and hit us head-on. I got a bloody nose from the airbag and bruise on my shoulder from the seatbelt. My son got a burn/scrape on his neck from the seatbelt. We went to the doctor the... Read more »

Timothy Denison
Timothy Denison answered on Apr 22, 2018

The truck loss will be handled separately. You should receive the fair market value for your truck close to Kelley’s Or NADA book value. You should also be reimbursed fully for your medical expenses. Unfortunately, soft tissue injuries are very hard to quantify and even harder to get... Read more »

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Q: My previous employer stop paying workers comp and refuse to take my attorneys calls? I’ve lied to get treatment.

My original orthopedic surgeon retired and my attorney and myself have tirelessly tried to contact my previous employers workers comp to arrange payment for a new care taker, but they never return any of our calls. My last visit to orthopedic surgeon was February of 2014. I have seen other doctors... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 20, 2018

Most states have things an attorney can do to get treatment. Problem now is showing your treatment you lied about is related. Sit down with your attorney, review what can be done.

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: If your in a car wreck but don't use the whole 10,000 bodily injury money do they pay you what you don't use
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Not as I understand your question.

If you were not at fault, contact a member of the Ky Assn for Justice--their members give free consults.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Car Accidents for Kentucky on
Q: about a year in a half ago at work me and a coworker had to work 22 straight hours .when we left after the long day on

the way back to the shop I was in my personal vehicle I had to drive to the jobsite from home the other employee rear ended me crushing my car and putting me out of work for the week which never got paid for because I could not get workers comp because I was basically told to keep my mouth shut and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

You need to contact a member of the Ky Assn for Justice to see what can be done; they give free consults.. You had a case but it's been made muddy.

2 Answers | Asked in Personal Injury and Social Security for Kentucky on
Q: I had bone Fusion on 1st metatarsal bone now it's nonunion haven't been able too work for 13 months

I was asking if I could get approved for ssdi

Robert Edward Blau
Robert Edward Blau answered on Jan 27, 2018

This is a medical question. I’d go see another specialist. Need A medical opinion that there was a violation of the standard of care. I would be glad to help. Please contact me

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1 Answer | Asked in Personal Injury for Kentucky on
Q: Hit by car/truck on 12/26/17, car/truck ran redlight hit me and kept going. My lt knee was dislocated, torn ligaments

in entire knee, will need surgery to repair. What should I do?

Mr. Joseph T Ireland Esq.
Mr. Joseph T Ireland Esq. answered on Jan 11, 2018

You need to discuss your case with an attorney as soon as possible. Feel free to call 859-581-0123.

1 Answer | Asked in Personal Injury for Kentucky on
Q: My toddler fell down a flight of stairs while on a playdate at another person's home.

Can I sue the homeowner for not babyproofing the home?

David Alan Wolf
David Alan Wolf answered on Dec 19, 2017

A child care provider including babysitters and other parents can be held liable when a child suffers an injury under the watch or supervision of the child care provider. When a person agrees to watch a child at his or her home, it is important that the child is cared for in a reasonably safe... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: Injured riding with dad, other at fault driver had no insurance. Do I have claim under dad’s uninsured coverage

I don’t have an insured car and don’t live with father

Adam Michael Russell
Adam Michael Russell answered on Dec 5, 2017

It would appear that you may be covered under your dad's uninsured motorist ("UM") bodily injury coverage - assuming he had UM coverage on his policy at the time of the crash. It will depend on the policy language which may contain certain exclusions. You will also likely be covered for PIP... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: A friend was at my home for a party and slipped on the stairs leading down to the basement. Can he sue me?
Adam Michael Russell
Adam Michael Russell answered on Dec 2, 2017

Sure he could sue, but the real question is whether or not he can win. It is difficult to answer that question based on the limited information you have provided. Your friend would have the burden of proving that you were somehow negligent and that your negligence was the cause of his injuries.

1 Answer | Asked in Personal Injury for Kentucky on
Q: The lawyer I contacted about my personal injury matter said he worked on a contingent fee basis. What does this mean?
Adam Michael Russell
Adam Michael Russell answered on Nov 15, 2017

Contingency fees are very common in personal injury cases, and can range anywhere from 25%-40% of total funds collected depending on a variety of factors. A higher percentage may be justified for a more complex case or a case where fault is questionable.

A contingency fee means that the...
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