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SUCCESSFUL REPRESENTATION OF PERSONAL INJURY CLAIMS AND ACCIDENT CASES IN KENTUCKY

As representatives of a national Kentucky personal injury law firm, the personal injury lawyers and accident attorneys of Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com have firsthand knowledge of the various state statutes unique to Kentucky, as well as proven success in trying personal injury, accident, or wrongful death lawsuits in the state. They understand the key demographics that influence the occurrence, and ultimately the outcome, of personal injury lawsuits in Kentucky and can help you get the professional legal advice and representation you need to negotiate a just verdict or favorable settlement here. Areas of expertise include:

Construction Accidents and Injuries in Kentucky
Kentucky Motor Vehicle Accidents

Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com also offer an easy-to-use, efficient means of obtaining legal advice, personal injury information, and representation from qualified Kentucky personal injury attorneys and Kentucky accident lawyers. The personal injury lawyers of Schwartz Zweben and its affiliate offices serve the entire state of Kentucky, representing plaintiffs in all types of personal injury and wrongful death actions from Frankfort to Paducah, from Louisville to Cumberland. Among the practice areas in which our Kentucky personal injury attorneys specialize are:

We can give you a free, confidential evaluation of your case at no obligation, as well as sound information about your legal options for pursuing personal injury damages. If you decide to proceed, we can provide access to the services of the very best personal injury attorney or accident lawyer in Kentucky for your needs. You will receive skilled, assertive, effective representation from a Kentucky personal injury lawyer who has direct experience with your type of personal injury or accident claim, a proven record of obtaining full and fair compensation for damages, and access to all the critical resources and experts needed to win your case.

Contact us today for a free review and evaluation of your case.

CONSTRUCTION ACCIDENTS AND INJURIES IN KENTUCKY

Workplace injuries affect hundreds of Kentuckians each year; in fact, Kentucky's occupational fatality rate is 85 percent above the national average, with 5,488 Kentucky workers killed on the job in 2007. The construction industry reported the most deaths in private sector industry.

The construction industry plays a major role in the economy of Kentucky. In 2002, the most recent year for which statistics are available, the federal Bureau of Labor Statistics estimates that more than 8,800 construction companies operated in the state, employing nearly 84,000 workers and bringing in revenues in excess of $12 billion. It is not surprising then that 26 construction workers died from work-related injuries in Kentucky during 2006. Hundreds more sustained nonfatal injuries and illnesses. The federal government's National Center for Personal Injury Protection and Control (NCPIPC) keeps track of injury statistics. The NCPIPC estimates that one out of every ten construction workers is accidentally injured every year.

Construction yards can be among the most dangerous places to work, posing risks to both workers and innocent bystanders. Serious construction accidents happen frequently. Scaffolding accidents are the most common, constituting nearly two-thirds of all construction accidents. Other common causes of construction-site injury include: electrical injuries, crane accidents, slip and falls, and improperly braced trenches. Additional hazards include handling or inhaling toxic materials and the threat of accidents, spills, and crushing injuries caused by motor vehicles moving heavy loads.

Depending on the precise circumstances of the accident, different laws may apply to recovering damages for a construction injury. Generally, workers compensation laws apply when a construction accident causes harm to an employee. There are, however, cases in which the worker can obtain economic recovery from other parties who may be deemed liable as well. When an innocent bystander suffers injury as the result of a construction accident, he or she also may be eligible to recover damages by filing a personal injury claim. Third-party entities with potential liability include the construction-site owner, general and sub-contractors, architects and engineers, material suppliers, co-workers, and manufacturers of construction machinery or equipment. The person in charge of ensuring compliance with OSHA (Occupational Safety and Health Act) regulations also may be held liable.

The dangerous nature of construction work often means severe injuries when accidents occur. Some of the more typical injuries sustained in construction accidents include spinal cord injury, head trauma, brain injury, broken bones, and paralysis. All of these injuries involve enormous medical bills; many of them result in permanent disabilities that require lifelong medical attention. Injured workers may be out of work permanently, and that means they have to struggle through the complex claims process for workers' compensation and Social Security disability. Fatal construction accidents leave behind not only accident-related medical and funeral expenses but also suffering families who often depended upon the worker's income for survival.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Kentucky accident lawyers who specialize in construction injuries and workers compensation litigation, arbitration, and negotiation have extensive experience in dealing with the state's laws covering occupational injury and illness. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of a construction accident injury or illness in Kentucky.

Contact us today for a free review and evaluation of your case.

Kentucky Motor Vehicle Accidents

According to the National Highway Traffic Safety Administration, 37,313 people died in US traffic accidents in 2008. This is the lowest number of U.S. motor vehicle deaths to occur in a year since 1961. In keeping with this trend, the Kentucky Office of Highway Safety reports the number of highway motor vehicle deaths occurring in the state also appears to be decreasing. According to early figures, there were 158 Kentucky traffic deaths in the first three months of 2009--21 fewer fatalities than for the same period in 2008, when more than 850 people died in accidents on Kentucky roads.

Common causes of car crashes include driver negligence, distracted driving, driving under the influence of drugs or alcohol, excessive speed, driver fatigue, defective products used in the manufacture of the motor vehicle, and cell phone use while driving. Thanks to years of legislative lobbying by automobile insurance carriers, determining fault in an automobile accident does not always establish the person or party liable for payment of the damages or injuries. In many states, including Kentucky, the common law concept that persons at fault pay for the damages has been replaced by a statutory reapportionment of liability. In all states, persons who fail to maintain liability insurance and who cause accidents may be sued, and their assets seized to satisfy any judgment against them.

Generally, "fault" for causing an accident involves negligence, recklessness or wanton conduct, intentional misconduct, or strict liability. There is rarely a question of fault when one or more of the parties involved in a motor vehicle accident engaged in intentional or reckless misconduct, such as drunk driving. But when it comes to general negligence, establishing fault for an automobile accident is more complex. Moreover, it is often the case that more than one driver or person is negligent and/or has played a role (even inadvertently) in the resulting accident.

Negligence is carelessness or inadvertent actions that result in harm or damage. It can be either active, as in running a red light, or passive, as in failing to yield the right of way. Recklessness generally involves willful disregard for the safety of others. Even in the absence of fault, strict liability may be imposed for accidents caused by defective products or accidents that involve hazardous activities such as transporting dangerous chemicals.

Auto accident victims who have suffered personal injury may be entitled to recover damages for pain and suffering, emotional distress, disability, permanent disfigurement, dismemberment, wrongful death, scarring, loss of opportunity to enjoy life, interference with marital and/or parental relationships, and other types of general damage. Many states also allow for recovery of "special" damages, such as past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. Many states also allow for recovery of "special" damages--present, and future medical bills, wage loss, loss of earnings potential, and other out-of-pocket expenses.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Kentucky auto accident lawyers who specialize in motor vehicle crash injuries and the litigation, arbitration, and negotiation of automobile insurance claims have extensive experience in dealing with the state's laws. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of a car, truck, motorcycle, or other motor vehicle accident injury in Kentucky. Contact us today for a no-obligation review of your case.

KENTUCKY PERSONAL INJURY & ACCIDENT FAST FACTS
Statute of Limitations
The statute of limitations for bringing personal injury, product liability, and wrongful death actions varies state to state. In Kentucky:
  • Personal injury actions must be filed within one year from the date of the injury or one year from date of discovery (maximum of two years.)
  • Medical malpractice cases in Kentucky for unmarried patients eighteen years and older must be filed within one year of the incident or discovery of the injury (not to exceed five years.)
  • Wrongful death suits must be brought within one year of the date of death.
  • For injuries related to product liability, actions must be filed within one year from date of injury or discovery (with limitations.)

Award Limits
Kentucky has no limits on the amount an individual or estate can gain from injury or death in addition to economic damages for medical bills and direct expenses.

 

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