Kentucky Personal Injury Lawyer Blog

Acts of Intention

Fri, 30 Sep 2011 14:42:06 -0500

A tort or an intentional act arises when an individual has a clear intent to commit a wrongful act, which eventually results in personal injury. In most cases, it is not relevant whether the defendant intended to cause injury, or whether the injury sustained was more severe than what was intended. A simple intention to commit a wrongdoing is sufficient to make a valid case of intentional tort. If the intent of the defendant involves causing personal injury to the victim, it is likely to be treated as a criminal act.

From a legal standpoint, it may be difficult for the victims to win legal damages from a defendant who has committed an intentional tort. This is because most insurance providers do not provide coverage for intentional acts of wrongdoing. Some of the common intentional torts may include child abuse, assault and battery, and defaming of character. Criminal law will usually support lawsuits where the wrongdoer has committed an intentional wrongful act.

More personal injury articles like this one can be found on our law firm website.

Alitowski & Moore
332 W. Broadway Suite 613
Louisville, KY 40202
502-582-9100

Acts of Negligence & Duty of Care

Fri, 30 Sep 2011 14:16:59 -0500

According to personal injury attorney Andrew Alitowski, to make a successful case of negligence against the defendant, the victim must prove that the defendant owed a duty to exercise a reasonable level of care, such a duty was violated by the defendant, and that the personal injuries sustained by the victim arose as a result of such breach of duty. It must also be shown that the injuries were a foreseeable result of such a violation.

In an auto accident related person injury case, the vehicle driver owes a duty to other drivers and pedestrians to keep the vehicle under control throughout and drive safely. It is reasonably foreseeable that a violation of this duty may cause personal injury to others. Therefore, the victim in a car accident is in a fairly good position to argue that the defendant who caused the accident was negligent in the eyes of the law, and therefore, should compensate the victim’s damages.

Be sure to visit Andrew Alitowski's injury blog which includes related articles on Discovery, Premises Liability and Monetary Recovery.

Car and Bicycle Accidents Involving Personal Injury

Fri, 16 Sep 2011 22:00:42 -0500

Accidents involving cars and bicycles can result in serious personal injuries for the bicyclists, considering the size and weight of the car against a lightweight bicycle. It is important that both car drivers and bicyclists respect the presence of each other on the roads to avoid accidents. Car drivers must acknowledge the fact that bicyclists are highly vulnerable to injuries and should be more cautious when a bicycle is around on the road. Victims of such accidents may consult with Louisville car accident attorneys to seek protection of their rights under the law or visit the Alitowski & Moore Louisville facebook page for the Alitowski & Moore located at 332 W. Broadway Suite 613, Louisville, KY 40202 - 502-582-9100.

Louisville car accident attorneys can be extremely active in cases where there is a collision between the cyclist and the car driver. Many people will automatically feel sorry for the cyclist when they are in a collision with a car. But this is not always the case or at least this automatic assumption the driver did not give way or was at fault is not correct. Many times cyclists do not stop at red lights assuming they have the right away, swerve in front of cars forcing traffic to go at their speed when the cyclist could make life easier for all by remaining on the sidewalk, or the cyclist is simply not paying attention and they hit a car when the car was in the right. The situations are endless but assumptions on who is right on the road should not be quickly determined.

Common Acts of Negligence by Car Drivers

If a car driver becomes impatient or annoyed with the presence of a bicycle on the road, it may cause the driver to act negligently. When a bicyclist is blocking the car’s way on an intersection, the car driver may be tempted to take a dangerous turn in front of the bicyclist. A sharp turn may result in the bicyclist getting knocked over or suffering a collision with the side of the turning car. Therefore, the car driver must allow the bicycle to clear the intersection before taking a turn. If the car driver fails to allow sufficient space to a bicycle while passing, it may hit the bicyclist with the side-view mirror or force the cycle to go off the road.

A car driver in a hurry may fail to take note of a path designated for bicyclist and may strike a bicyclist who is not expecting a car in that space. Opening a car door suddenly in a parked vehicle may obstruct the way of an oncoming bicycle causing serious injury. Car drivers should also be aware that a bicycle’s braking ability cannot be compared with other vehicles. They must also exercise caution with a speeding bicyclist because it is more difficult to estimate the speed of a bicycle, and any error of judgment may result in an accident. Victims of car-bicycle accidents may seek legal aid from Louisville car accident attorneys in case of a personal injury.

Bicyclist’s Negligence

One of the common acts of negligence that some bicyclists tend to commit is jumping traffic signals. It is difficult for speeding bicycles to come to a sudden stop before a red light sign, so unless the bicyclist has slowed down well in time, it may not be possible to stop at the signal, increasing the risk of an accident. On busy intersections, a bicyclist may be tempted to pass the vehicles on the right to save time. This can be dangerous if the vehicle in the front makes an unexpected turn to the right.

Bicyclists may be tempted to exceed permissible speed limits on an empty road. However, they should be aware that maintaining control and applying brakes on a bicycle at high speed can be much more difficult than handling an automobile. Bicycle maintenance is an important duty of the bicyclists to ensure that a breakdown does not occur at a precarious moment on the road. Bicyclists who suffer personal injuries in a car accident may discuss the facts of the case with Louisville car accident lawyers to evaluate their legal position.

Bicycle Accidents involving Children

When a child is riding a bicycle on the road, the risk of an accident may be higher. A child may not be adequately trained or aware about the inherent risks associated with bicycle riding and the potential consequences of collision with a heavy vehicle. Wearing a helmet is also critically important to prevent severe head injuries. Child bicyclists may have a higher chance of indulging in negligent conduct on the road.

Children are more likely to seek thrills from a bike ride or indulge in adventurous conduct while biking, which increases the risk of accidents. Car drivers are also expected to exercise more caution when they see a child on a bicycle. Victims of car-bike accidents may approach experienced Louisville car accident lawyers to determine their legal position and seek protection of their rights under the written law.

Issues pertaining to negligence in car accident claims

Wed, 03 Aug 2011 12:20:12 -0500

Proximate Causes

A proximate cause refers to the extent of responsibility that a defendant owes in a case of negligence. Responsibility of the defendant is restricted only to such outcomes that the defendant could have reasonably foreseen. If the victim has suffered personal injury or damages that were beyond the scope of the risks that could have been foreseen by the defendant, there is no proximate cause involved. Personal injury victims may get in touch with a Louisville car accident attorney to evaluate the facts and circumstances of their case and determine if there was a proximate cause of injury. This is why assumptions should not be made and an ideal reason why accusation and finger pointing should not be exercised. Proximate cause is always in aisle in car accident litigation

Specific Duties

In some cases, specific duties may be pre-determined under the law for people such as the duty of an individual to rescue another in a situation where such rescue may be reasonable expected. People involved in certain jobs or professions may also be subject to specific duties defined by a statute. Professional practitioners such as health professionals or lawyers are required to maintain a certain standard of care that is reasonably expected in their profession. Failing to uphold such duties may make the professional liable for malpractice under the law of negligence. Rescue vehicles and the law pertaining to them is codified under statute.

Actual Occurrence of Damages

In case where the defendant’s negligence is involved, but the negligent action did not result in any reasonable damages or injury to the victim, the defendant may not be held liable. Apparently and obviously, you cannot sue someone or hold someone culpable just for scaring or bothering you; no one is perfect after all. For the law of negligence to apply in a personal injury case, the plaintiff must be able to prove legally recognizable damages, whether in the form of property damage or physical harm. Victims of personal injury may seek legal advice from a Louisville personal injury attorney to assess whether they have a valid case for damages and to try and protect their rights under the law. Damages is one of the biggest issues in a car accident litigation lawsuit.

For questions about this article, contact:

Alitowski & Moore
332 W. Broadway Suite 613
Louisville, KY 40202
502-582-9100
502-582-9440
888-275-2637
888-Ask-Andrew

Mediation & Arbitration in Louisville, KY

Wed, 29 Jun 2011 07:54:30 -0500

Mediation

Mediation is usually the least complicated legal alternative available to all parties involved in a personal injury dispute. But it is still wise to hire and be working with a Louisville personal injury attorney during this process since the outcome of this mediation could have vital repercussions for years to come. It is a typical hands-on procedure of negotiation with specific tasks and goals. It is structured in a way to find mutually acceptable solutions within the shortest possible period of time. The process is facilitated by a mediator who oversees the discussions, information exchange, and the process of bargaining between the disputing parties. The mediator encourages the parties to explore areas of commonality and enables more realistic and rational expectations to prevail upon all the parties. For more information contact:

Alitowski & Moore
332 W. Broadway Suite 613
Louisville, KY 40202
502-582-9100 
502-582-9440 
888-275-2637 
888-Ask-Andrew

Kentucky Car Accident Attorneys Case Update: Auto-Owners Insurance Company

Mon, 09 May 2011 13:07:35 -0500

The car accident attorneys of Alitowski & Moore, P.A. report on changes to Kentucky injury law on a regular basis. In March of 2011, the United States District Court for the Western District of Kentucky decided a Kentucky car accident case. (See Auto-Owners Insurance Company v. Varble, et al., 2011 WL 1103120 (W.D. Ky.)). In this case, the car insurance company filed a motion for summary judgment asking the court to determine that neither of the Defendants could recover on the UIM provision in their Auto-Owners policy because the vehicle in which the car accident occurred, was excluded from UIM coverage under the terms of the policy. In the end the court granted the motion and the reasoning is as follows.
From 2005-2008, Roy and Phyllis Varble, Nellie Carraway (Phyllis’s sister), and Randy Sands (Phyllis’s son) lived together in a house in Owensboro, Kentucky. The family moved around finally settling in Mexico. In January of 2009, the family was moving from Utah to Mexico with all of their belongings. The family was in two different cars when the car Phyllis was driving flipped over killing Phyllis and causing Roy to suffer serious bodily injury as a result of the car accident.
The Chevrolet Uplander was insured by Auto-Owners. It had $100,000 of UIM. The car that flipped had $25,000 of insurance and paid that right away. Roy made a claim for the UIM which in turn led to the Plaintiff bringing a declaratory action to determine whether or not it had to pay the UIM coverage.
The Court in this matter looked at the policy and the entire fight over the car accident UIM proceeds came down to the “regular use” exclusion. The policy held that the it would pay compensatory damages legally entitled to recover from the owner or operator of any underinsured automobile because of bodily injury. The terms of the policy specifically exclude automobiles “owned or leased by, furnished to or available for regular use of Roy or anyone living with Roy from the definition of “underinsured automobile.”” Further, the policy stated that the relevant provision indicates that any vehicle owned by anyone living with Roy does not qualify as an “undersigned automobile” under the policy. The Court held that therefore, the terms of Roy’s auto insurance policy excluded any UIM coverage for the injuries he suffered in that Kentucky serious car accident, so long as the “regular use” exclusion applied.
If you have been the subject of Kentucky car accident case, please call and speak to a Kentucky car accident lawyers at the Law Offices of Alitowski & Moore, P.A. at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!

Types of Injuries Commonly Seen in Louisville Personal Injury Cases

Tue, 26 Apr 2011 17:09:08 -0500

Louisville personal injury attorneys see all kinds of injuries over years of litigating on behalf of their clients. The type and extent of one’s injuries is often a starting place for determining the dollar amount that will ultimately be sought.

Soft-tissue injuries.

These are the most common accidental injuries, and they include sprains and muscle or ligament strains. Most often they occur in car accidents, in which whiplash is the most common injury, and in slip and fall accidents. Treatment for these injuries can range from a few days to several weeks or months. Depending upon their seriousness, soft-tissue injuries often fall into a predictable range for settlements, because they are very common and both Louisville car accident attorneys and insurance companies have a good deal of experience with such cases.

Fractures.

These are broken bones, which may be either "simple" or "compound" fractures. The particular bones that are broken may influence the range of recovery. For instance, a broken leg may be "worth" more than broken ribs, because someone with broken ribs may be able to return to his or her job while the injury is still healing. Someone who has broken a leg may not be able to work at all.

Injuries to discs.

These are injuries that damage the spinal bones of either the neck or the back, and they usually result in either bulging or herniated discs in the spine, which may affect a spinal nerve. Sometimes, these injuries require surgery or prolonged periods of bed rest. The seriousness of the injury, the medical treatment necessary, and the ensuing convalescent period all bare heavily on the range of recovery. There is a wide range of possible recoveries for these injuries, as well as a wide range of jury verdicts or out-of-court settlements as reported by personal injury attorneys.

Scarring.

Generally, facial scarring brings a higher recovery than scars that are, under normal circumstances, unseen. By the same token, facial scarring on a young person or a female will probably bring a larger recovery than the same scarring on an older person or a male. The potential for surgical revision of scars, and the effect on the victim of having the scars, are major factors in the amount of recovery according to most personal injury lawyers.

Amputations.

These may be minor amputations, such as portions of toes or fingertips, or major amputations, such as entire limbs. The verdict or settlement value of these cases depends not only on the individual injury and the pain that accompanies that injury, but also on the victim's age, sex, occupation, and marital status. In major amputation cases, physical and emotional suffering figures highly into any recovery, as well as the likelihood that the victim can return to work.

Catastrophic injuries.

These are injuries that result in paralysis, such as paraplegia (both lower limbs paralyzed) and quadriplegia (both lower and upper limbs paralyzed). Often these injuries are the result of severe spinal cord damage. They are most prevalent in automobile, motorcycle, and diving accidents. Cases involving these injuries generally result in very large awards as reported by Louisville personal injury attorneys, since lost wages and medical expenses, as well as pain and suffering, can be overwhelming. Additionally, there are often lifetime medical treatment expenses and continuing wage loss, both of which are figured into any settlement.

Psychological damage.

These injuries arise as a direct result of physical damages. Cases involving this type of claim are becoming more prevalent as medical science explores the relationship between psychological damage and physical injuries. Psychological damages require medical or professional treatment in order to make them part of any claim.

Brain damage. Injuries to the brain can sometimes cause total incapacity, or sometimes affect only certain body functions. In some cases, these injuries lead to extremely high damage awards as reported by personal injury lawyers.

Wrongful death. Death that occurs as the result of someone's negligent actions (or inaction) may also result in large damage awards.

Important Factors to Consider for Louisville Personal Injury Attorneys

Mon, 25 Apr 2011 11:48:23 -0500

Important factors should be taken into account by Louisville personal injury attorneys when evaluating a personal injury case, such as:

• The type of injury.
• The frequency, severity, and duration of pain resulting from the injury.
• The nature of any permanent residuals from the injury.
• The length of treatment.
• The cost of medical care.
• The extent of loss of earnings due to the injury.
• Issue of fault.

Once these factors have been assessed, an experienced injury attorney will have a pretty good idea of what those injuries are worth in damages. For instance, there are benchmark value amounts for broken bones and what are known as soft-tissue injuries, which include strains and sprains.

The amount of lost earnings the victim has suffered is a particularly important factor in evaluating a personal injury case. For instance, suppose that two people are passengers in a car involved in an accident. The driver of the other car is at fault. Both victims suffer broken arms. However, one is a surgeon while the other works as an office manager. The amount of damages awarded to each will undoubtedly reflect the difference in their incomes. The surgeon will probably be awarded a larger settlement because his earning power is greater than that of the office manager and part of the settlement is supposed to replace the earnings the victim loses due to the accident.

According to some attorneys yet another subtle factor limiting the size of recoveries is the state of the economy.

Know your Jefferson County personal injury lawyers intentions

Tue, 29 Mar 2011 16:12:21 -0500

It is always recommended that you first examine how a Jefferson County personal injury attorney will most likely proceed, before litigation, in the average personal injury action. By understanding these procedures you will become a more informed and helpful client, better able to communicate effectively with your attorney.

For several reasons it is almost always in the best interest of the client to reach an early settlement of a personal injury case before embarking upon litigation. For one thing, litigation is costly. It is also time consuming, and the process, which includes the taking of testimony (depositions) and the hostilities that are bound to ensue, is a stressful one. Because of the time and expense involved, prolonged litigation can take a heavy emotional toll on those involved. A substantial amount of time may be necessary in more serious cases in order for personal injury attorneys to maximize awards for the benefit of the client. Remember, Personal injury law in Jefferson County can be rather complex, and it is to your advantage to have an attorney working for you who is experienced and knowledgeable in the field. An attorney who has practiced personal injury litigation for many years should be able to guide the client appropriately with regard to the approximate length of litigation in some instances (see Following Your Jefferson County Personal Injury Case).

In the majority of cases that involve smaller amounts of money—that is, cases in which the injuries are not catastrophic and the recovery will not be significant—many personal injury attorneys will try to settle before instituting litigation proceedings. This makes sense, since the costs of litigating such an action might be larger than the potential recovery. On the other hand, in cases that involve much larger amounts, there is less likelihood of a quick settlement and the attorney may have to begin a lawsuit early on in order to obtain a justifiable award for the client.

If you are considering which attorney is the best qualified to handle your Jefferson County personal injury claim, always take time to consider their method of operation before retaining them to seek money for you.

How much is my personal injury case worth?

Mon, 28 Mar 2011 14:09:53 -0500

Among the first questions a client usually asks a personal injury attorney is "How much do you think my case is worth?" Unfortunately, this is an unanswerable question and you should probably be wary of any attorney who answers it with a precise figure or makes predictions or promises about the recovery you will get before he has had an opportunity to review all the relevant information. Injured persons actively interviewing counsel should review Hiring a Personal Injury Attorney.

Remember, in most cases no one can immediately tell how seriously you have been injured. By their very nature, some injuries don't manifest themselves until long after an accident. For this reason you should refrain from signing any kind of release immediately after an accident. Thus, it is always a good idea to contact a Louisville personal injury attorney as soon as possible after you have been injured, since it is the attorney who can advise you of your rights as well as inform you of the proper procedures, which include seeing the doctors in the appropriate specialties to evaluate and treat your type of injury. For information about the types of questions that you should ask potential Louisville personal injury attorneys, please review Consulting Louisville Personal Injury Attorneys.

One of the more irritating experiences faced by attorneys is the client who comes in, tells the -attorney about his case and then announces, "My friend Joe had the very same accident I had and his injuries were pretty much the same as mine. He got $50,000, so that's what I expect to get." Sounds reasonable, but is it true? Absolutely not. Every case is different and must be evaluated on the basis of the specific facts of that case. There are always different facts, and any slight variation might cause an enormous difference in monetary recovery. The good news is that in the above mentioned example, the new client may actually recover far more than his friend did. It all depends on the facts of the personal injury claim along with the negligent party’s resources or insurance coverage. The potential personal injury client should also keep in mind that different law firms compute attorney fees in different ways.

Another factor that causes apparent inconsistencies in recoveries is the difference in the jurisdictions in which cases are brought. In some jurisdictions the juries are more liberal in their awards; in others they are far more conservative. Also, if the case does make it to trial, the parties will be facing a jury, which might or might not be sympathetic to either the plaintiff or the defendant. In short, there are just too many variables to allow one to compare personal injury cases and their recoveries easily. No one case will match yours exactly, and nobody knows what your case will be worth until it has been investigated and evaluated carefully. That is the job of the skilled, experienced personal injury attorney, and all the more reason for you to find one as soon as possible after you suffer an accident. Even if you don’t believe yourself to have a claim it is always recommended that you let a qualified injury make the determination as to whether your case is viable or should be refused.

What does assumption of risk mean in personal injury cases?

Tue, 22 Mar 2011 16:02:37 -0500

In the article what is negligence, we explained that fundamental differences in our age and/or ability may classify unequally for purposes of determining liability in a Louisville personal injury lawsuit.

In most cases, if you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue a negligent party for damages, unless the defendant you are suing was criminally negligent. For instance, let's assume it's winter and you are visiting a friend. During your visit a snow and ice storm hits the area. When it's time for you to leave, your friend tells you not to go out the front door because the steps are covered by ice and suggests that you use the side door where there are no steps. You say, "Don't worry. I'll be careful," and, against your friend's advice, you use the front door. You slip and fall on the steps and break your arm. In most jurisdictions, under the doctrine of the assumption of risk, because you were aware of the danger and still chose to go down those steps even though you could have gone out the side door and avoided any possible danger, you would, in all likelihood, not be able to collect damages.

How many personal injury cases are filed each year?

Fri, 18 Mar 2011 18:28:37 -0500

Louisville personal injury attorneys know better that anyone that the most common types of litigation handled by our civil court system has to do with personal injury. Only seven hundred thousand accident cases were filed a year in federal and state courts 25 years ago while today the number is in the millions, and this does not include the millions of other cases that are settled by attorneys before they are ever filed in court. Nor does it take into account those cases, perhaps also numbering in the millions, that were never pursued because the victims are unaware of their rights under the law.
If you have been injured due to the actions of another, it is always advisable that you contact a personal injury law firm in order to fully understand your options. Whether you choose to pursue an action will always remain in your sole discretion.
Know the facts.

Personal Injury Slip and Fall Case – Louisville, Kentucky

Thu, 18 Nov 2010 17:14:36 -0500

In September of 2010, the United States District Court for the Western District of Kentucky heard a case involving a woman who slip and fell and suffered injuries from that fall. The case is Karrer v. Mac’s Convenience Stores, LLC, 2010 W 3781711 (W.D.Ky.)). In Karrer the facts are as follows.

Former Employee Sues Alleging Race Discrimination, Hostile Work Environment and Retaliation.

Sat, 06 Nov 2010 15:55:02 -0500

In August of 2010, the United States District Court for the Eastern District of Kentucky decided a case regarding a former Lexington, Kentucky employee who sued his former employer alleging race discrimination, hostile work environment and retaliation. (See Meads v. Dixie consumer Products, LLC, 2010 WL 3168091 (E.D.Ky)). In Meads, the Plaintiff worked for Defendant from October of 2007 until November 2008. Early on, Plaintiff was involved in an incident and was required to sign a Last Chance Agreement on March 12, 2008.

Even so, Plaintiff’s career with Defendant advanced. Plaintiff went from auto/packer to training for the treater mechanic position. But, Plaintiff during the qualifying time for the new position did not do as well as his employer would have liked and thus it was determined that Plaintiff would continue on the qualification period for a little while longer. Because he was required to work a little longer in this qualification period Plaintiff called the company hotline and raised issues regarding his advancement and Kentucky racial discrimination.

Regional Rehab Director Sues Alleging Age Discrimination and Retaliation.

Tue, 02 Nov 2010 09:28:33 -0500

In September of 2010, the United States Court of Appeals for the Sixth Circuit heard a case involving a Regional Rehab Director who claimed he was fired due to his age and retaliated against. (See Eades v. Brookdale Senior Living, inc., 2010 WL 3927240 (C.A.6 (Tenn))). In Eades, Plaintiff filed age discrimination and retaliation claims against his employer for violations arising under the Age Discrimination in Employment Act (ADEA) and Title VII along with similar state law claims under the Tennessee Human Rights Act. In the lower trial court, Plaintiff lost on summary judgment. Plaintiff in this age discrimination case appealed only the retaliation claim arguing that his employer offered a pretextual reason for dismissing him. This appellate court reversed the lower court on that issue and Plaintiff in his age discrimination retaliation claim was allowed to go back to court and fight-on on that issue. Plaintiff was 41 years old when he was hired and 42 when he was fired.