Car and truck accidents, premises liability, wrongful death, and other Kentucky injury claims.
Quick answer: Kentucky applies strict liability to defective products, so an injured consumer can recover from the manufacturer, distributor, or seller without proving negligence by showing a manufacturing defect, design defect, or inadequate warning made the product unreasonably dangerous. KRS 411.310 creates presumptions that favor defendants in older products, and the limitations period is one…
Quick answer: Injured construction workers in Kentucky are limited to workers’ compensation against their own employer, but can sue third parties such as the general contractor, other subcontractors, property owners, equipment manufacturers, and engineers whose negligence contributed to the injury. These third-party claims allow full damages, including pain and suffering, and carry a one-year deadline…
Quick answer: Kentucky nursing home residents and their families can sue for abuse or neglect under ordinary negligence law and under the residents’ rights statute, KRS 216.515, which creates a private right of action and allows attorney’s fees. Understaffing is the root of most neglect cases, arbitration clauses in admission paperwork are a frequent obstacle,…
Quick answer: You have a Kentucky medical malpractice case when a provider’s care fell below the accepted standard and that breach caused an injury that would not otherwise have occurred, nearly always proven through expert testimony. Suit must be filed within one year of when you knew or should have known of the injury under…
Quick answer: Kentucky drivers must yield to pedestrians in crosswalks and exercise due care to avoid hitting anyone on foot under KRS 189.570, while pedestrians have their own duties outside crosswalks. Fault is apportioned under KRS 411.182, and injured pedestrians can look to the driver’s liability coverage, their own PIP and UM coverage, and sometimes…
Quick answer: A spinal cord injury from a Kentucky car crash supports a claim against the at-fault driver for medical costs, future care, lost earning capacity, and pain and suffering, with no cap on damages. The injury easily clears the no-fault threshold, and because policy limits rarely match the losses, identifying every liable party and…
Quick answer: In a multi-vehicle crash, Kentucky juries assign each driver a percentage of fault under KRS 411.182, and each pays only their share; Kentucky does not impose joint and several liability. Your own recovery is reduced by any fault assigned to you, and with several insurers involved, early investigation of the sequence of impacts…
Quick answer: Subrogation gives your health insurer, auto insurer, or Medicaid a right to be repaid from your injury settlement for bills they covered. In Kentucky the made-whole doctrine generally bars an insurer from recovering until you have been fully compensated, and these claims can often be negotiated down, so they should be resolved before…
Quick answer: A Kentucky worker injured on the job can sue a third party, such as a negligent driver, equipment manufacturer, property owner, or another contractor, even though KRS 342.690 bars suing the employer. The third-party suit allows full damages including pain and suffering, the employer’s workers’ compensation carrier has a subrogation claim under KRS…
Quick answer: Yes. Serious bedsores are a recognized sign of nursing home neglect, and Kentucky families can sue under negligence law and the residents’ rights statute, KRS 216.515, for medical costs, pain and suffering, and attorney’s fees. If the resident dies, the personal representative brings a wrongful death claim under KRS 411.130. Arbitration clauses in…