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Kentucky Personal Injury Questions & Answers
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
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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... View 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... View 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... View 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... View 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

Matt Schalk
Matt Schalk
answered on Apr 3, 2018

The medical conditions that have prevented you from working need to have persisted for a period of no less than 12 months or it is likely that they will persist for that same period of time. To qualify for benefits you must not be able to do any of your previous work and no other work in the... View More

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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
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Mr. Joseph T Ireland
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
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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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2 Answers | Asked in Personal Injury for Kentucky on
Q: My under age kid was hanging out with his cousin on our property driving an ATV

we own and the cousin was hurt - my sister-in-law is now demanding money to pay the medical b/c she says insurance won't pay - can that be right?

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Her health insurance should pay. However you should notify your homeowners of the claim, and be guided by what they tell you.

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1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Kentucky on
Q: Can I take legal action against the car manufacture for injury?

Auto accident and neck injury sustained which has left nerve damage and chronic cervical migraines. Insurance settled a year ago. I always wondered why my airbag did not deploy or my seatbelt restrain. Received a recall noting that the airbag and restraint system not functioning properly.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Probably when you settled with the other driver you signed a release stating you release all others. Also check with the lawyer who represented you to see if you have an underinsured motorist claim.

However as to airbags if the crash was not directly head on but more than 7 degrees off of...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Kentucky on
Q: If my dog bites a kid while they are both in my yard can I get in trouble?
David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2017

It appears that Kentucky is a strict liability dog bite state as follows:

(4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.

This means that a dog owner can be liable for a dog bite to a child or...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: Worker's comp is denying further treatment and nothing has been solved. What do we do?

They denied my finance's referral for a doctor that may actually help & say he's reached 'maximum medical potential.' They claim there is nothing further a doctor could do, implying he is stuck with his injury the rest of his life. They have ended his pay and are referring... View More

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2017

Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: What is the latest date a party can submit a motion in limine?

A case is going to trial in less than three weeks, and one party filed many motions in limine after the judge's calendar deadline. Is this allowed under CR 16, and is there an argument to be made that the other party is trying to waste the replying parties time? Any case law or direction would... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.

1 Answer | Asked in Car Accidents, Personal Injury and Business Law for Kentucky on
Q: The air bag on my car exploded for no reason.it gave me a cuncussion.do I have a lawsuit?

I researched and found a class action suit with an airbag manufacturer and 5 auto makers but my car isn't one of the 5 companys.there was no impact or collision just turned the key and Bam,2 trips to the ER for concussion and a minor eye injury,and now no car, feel that car is unsafe.

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Possibly. Contact a member of the Ky. Trial Lawyers Assn that handles product cases.

2 Answers | Asked in Personal Injury, Civil Rights and Sexual Harassment for Kentucky on
Q: Two loss prevention men grabbed my mother and dragged her through a store. Are they allowed to do this?

She was also injured. No females were around her.. I was informed that one female and one male are supposed to approach a woman who they think is shoplifting, is this true? Also, do loss prevention people have to have badges when approaching someone?

Adam Michael Russell
PREMIUM
Adam Michael Russell
answered on Jun 29, 2017

The answer is more complicated than you may think. The key question is whether loss prevention had probable cause to believe that a person has shoplifted. They may then detain that person in reasonable manner for a reasonable amount of time to make a reasonable investigation. See Kentucky Revised... View More

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