Whenever we hear of a vehicle striking a pedestrian, it is pretty much assumed that the driver of the vehicle is at fault and he is going to be held liable for a lot of damages. After all, the pedestrian did not have much of a chance against the sheer size difference involved, and what could they have done so wrong that they are no longer the victim, but the defendant? Haven't we always heard that the pedestrian has the right of way? From a legal standpoint, this isn't always the case and in certain circumstances, the pedestrian could be wholly or partially to blame!
If you have been injured as a passenger in a motor vehicle in Kentucky, you need to know your rights in collecting compensation for your injuries. No matter what the mode of transportation; be it car, truck, motorcycle or boat, if you were injured because of another's negligence you have the right to recover damages. As the passenger, you would be considered negligent-free, and the fault would either be with the driver of the vehicle you are riding in or a third party that caused the accident. Regardless of which driver was at fault, the one you were riding in or the other driver, as a passenger, you could not be held at fault, and since most cases revolve around fault, this is good for your case.
It is one part of a personal injury case in Ohio to prove liability, particularly in an automobile accident. Your attorney will have investigated the scene of the accident, secured any surveillance footage of the area, questioned witnesses and participants involved, and evaluated the police reports. The evidence has been submitted and fault has been assigned to the opposing party. Now your lawyer must submit an amount for damages and provide proof of the expenses.
A night out to the local bar with friends or family should be a pleasant experience void of chaos and drama and usually a good time is had by everyone. Every once in awhile, however, an altercation happens because some hothead misconstrues an action or remark and decides to get physical. You have been sitting there, minding your own business and enjoying your evening out, when suddenly you are hit by a flying bottle which breaks and causes serious lacerations to your head and face. Standing up to protect yourself, your attacker starts swinging at you, striking you viciously, causing personal injury to you. This was not an agreed upon fight which the law calls "mutual affray," so the person is going to be liable to you under intentional tort principles. However, it may not be worth suing your attacker if they have no money or insurance; but you still have recourse against the club where the incident took place.
Every year products enter the marketplace that are in some way defective; and in turn, injuries or even death occurs.
If you have a loved one receiving nursing home care and they have suffered injury, mistreatment or even died; you need to file a claim with an experienced Kentucky attorney immediately.
The Ohio law of premise liability is based on common law negligence, and slip and fall accidents generally fall into this category.
If you have been assaulted by another and it resulted in personal injury to you, you may file a personal injury suit even if the person was not found guilty in a criminal court or even arrested.
If you are involved in an automobile, truck or motorcycle accident in Ohio, and are injured, the first thing the party-at-fault's insurance company is going to ask for is your medical records. They are trying to find out your medical history and any pre-existing condition you may have. You may be under the impression that a prior injury precludes you from getting a settlement, but this is not true. You need a knowledgeable attorney in personal injury cases that has had previous experience with claims such as yours to represent you. You should never give statements to the at-fault parties insurance company, especially right after the accident, without your attorney being present. You might still be in a state of shock when answering questions about your medical history and leave out prior health issues that the insurance company later finds out about. If the case goes to court, the defense attorney will claim you were being untruthful while being questioned and withheld a prior medical condition and are probably being untruthful now about your injuries, creating a credibility issue.
If you are injured in an accident, whether it be caused by a motor vehicle, slip and fall, medical malpractice, dog bite, faulty product or any number of reasons; and if your injuries are caused by the negligence of another party, you need a lawyer for a personal injury case. You need to find one who has assisted others in a similar circumstance and was able to get them just compensation for their injury. You may be entitled to present and future medical expenses, lost wages now and in the future, depending on the extent of your injuries, and damages for pain and suffering. The Statute of Limitations in filing a claim for personal injury for most cases in Kentucky is generally one year from the time of the injury. These limitations are set to prevent the filing of a claim after all evidence has been lost or destroyed and witnesses to the incident have disappeared or are no longer sure of what they saw. Your personal injury attorney knows the case must be thoroughly investigated, evidence gathered and preserved, and witness testimony collected all in a timely manner. Many factors have a bearing on the Statute of Limitations and its bearing on a particular case. Some cases involving motor vehicle accidents have a two-year limitation on filing but care must be taken, as many factors come into play which could reduce that time limit. Your Kentucky personal injury attorney will evaluate your case to determine the deadline for filing your suit. The evidence in the case must prove both liability and damages with reasonable certainty, with the burden of proof being on the plaintiff. They must prove that they suffered harm, the defendant's act or failure to act caused the harm, and the defendant's act or failure to act constituted a breach of duty owed them. The case also requires causation, whereas, but for the action or lack thereof by the defendant, the injury would not have occurred. Your attorney must establish the "duty of care," the breach of that duty of care and the causation connection to demonstrate that the defendant is liable for the damages stemming from their wrongful act. To help prove your case, one of your most important pieces of evidence are your medical records. It is important to seek medical attention immediately after the accident. If paramedics are called to the scene, let them examine you even though you may not feel any effects yet; this sometimes takes until the shock has started to wear down to manifest itself. You need to be examined, diagnosed and treated by your health practitioner and everything needs to be thoroughly documented. Be diligent in keeping every doctor appointment so you don't give the opposition a reason to question the extent of your injuries. Your medical records will be a crucial factor in deciding your case and the amount of damages you will be entitled to. Your attorney will know which records need to be presented and the fact that you are their client will make it relatively easy to obtain them. You or family members need to inform them of any organizations that had input on your treatment and recovery to fully prepare him to represent you.
Bicycle Accidents Involving Motor Vehicles
Riding a bicycle has many beneficial factors going on; it's enjoyable, healthy and cost effective! The downside, however, is that you are vulnerable in an accident involving a motor vehicle of any kind; car, or truck for example. Due to the difference in size and weight, the bike rider is at a disadvantage; they have no seatbelts, airbags, or surrounding protection in the event of a collision. Accidents can even happen to an experienced rider who has followed all the safety precautions, laws and regulations of Kentucky on both the state and local level.
Claims for Emotional Distress
Emotional distress comes in many forms but, in general, it is conduct that causes a severe trauma to a person by the infliction of emotional distress and as such, damages may be awarded to the victim. Emotional distress is a hard case to prove and it takes a knowledgeable Ohio attorney that has been involved in this type of case to handle your claim for you. They will know how to litigate your case for you and what damages are appropriate in your situation. You may be entitled to compensation for mental anguish and suffering caused by harassment, defamation or even personal injury.
Whether it is a beautiful sunny day, pouring down rain or a snowstorm, you have a right to your morning walk, commute or exercise workout without the fear of being hit by a vehicle, causing terrible injuries to be sustained. A pedestrian has little or no chance of coming out unscathed in a collision with a motorized vehicle such as a car or a truck. The scenarios are limitless, but some more common causes of these types of accidents are: distracted drivers not paying proper attention to the road, texting, talking on the phone, or looking at something along the roadway; driving at unsafe speeds, not being able to bring the car to a stop in time to avoid hitting you; failure to observe and follow traffic signs such as a red light or yield sign; not following all safety precautions while backing up; aggressive or inexperienced drivers and; being under the influence of drugs or alcohol.
Riding a motorcycle, according to bike enthusiasts, is an exhilarating experience. The wind flowing all around you, at one with the bike and the road, a clear view of nature and the feeling of freedom, all combine to make this mode of transportation a must have for many people. Unfortunately, there is not much protection for the motorcyclist in case of an accident, such as air bags or seatbelts. Even if they have taken the precautions of wearing "leathers," pants and jackets to afford some protection from road rash, protective glasses, helmets, boots, and riding gloves; there is still a greater chance of serious injury in the event of an accident. The Ohio Department of Public Safety statistics show that 50% of riders who suffered an injury were not wearing a helmet while 26% of fatalities showed riders wearing helmets and 49.4% were not wearing them, according to studies completed for 2014.
A medical malpractice suit can be brought about by the injury of a patient during treatment by a medical professional such as a doctor or nurse, or by the hospital or institution where the incident occurred. There must be proven a breach in the standard of care the patient should have received and the violation of it by the health provider. Standard of care refers to the practices and procedures that another might have provided for this particular ailment in your area, factoring in the patient's age and general health. When there is a failure to provide a reasonable standard of care due to medical negligence, you need to hire a reputable Ohio attorney to represent you. There is a statute of limitations that applies to medical malpractice claims, generally one year from the time the injury is or reasonably should have been, discovered or the doctor/patient relationship for the condition in question comes to an end. Regardless of when the injury is discovered or the relationship ends, all medical malpractice cases must be filed within four years in Ohio, and your attorney will be more than aware of your time frame and what you need to file and win your case.
Liability and Gun Accidents
Every year thousands of people are injured or killed due to accidents involving firearms, ranging from BB guns to high powered assault rifles. It involves many different scenarios; assault, robbery, suicide, children getting hold of an unsecured gun, firing range accidents, hunting, cleaning the gun, accidental shooting and firearm malfunctions. If you have been involved in a firearm accident and been seriously injured, you may have a personal injury case and need an experienced Kentucky lawyer to represent you or a loved one to get damages for your injuries and out of pocket expenses you are paying due to the negligent or willful act of another.