This is an Advertisement

Articles Posted in Personal Injury

Published on:

truck accidentBecause of the disproportionate size and weight between commercial trucks and passenger vehicles, people in the smaller vehicles tend to suffer more serious injuries in a tractor-trailer accident.

However, as a recent case illustrates, truckers also can be injured – especially when both of the involved vehicles are 18-wheelers.

Continue reading

Published on:

By Jessica Surber, Attorney

English, Lucas, Priest & Owsley, LLP

dangerous products
Our firm routinely handles nursing home abuse, neglect and wrongful death cases. We see families every day who have trusted their loved ones to assisted living facilities or nursing homes but have found that the care was not up to basic standards.

Published on:

X-Ray

Our civil justice system is built on the premise that a jury of disinterested individuals is in the best position to determine matters such as the credibility of witnesses and the amount of money that a person injured by another person’s negligence should receive in compensation for medical expenses, lost wages, pain and suffering, and so on.

Unfortunately, no system is perfect. Even juries sometimes get it wrong. When that happens, it is the trial judge’s job to grant a new trial so that justice may prevail.

Continue reading

Published on:

tractor trailerLawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck.

In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company’s vehicles when she sent the application to the insurance company.

Continue reading

Published on:

Kyle Roby

Attorney Kyle Roby

Attorney and partner Kyle Roby recently settled a truck accident case for $850,000 on behalf of a Kentucky client. We have posted about this case on our main firm web site, and are sharing with our audience here as well.

Here is a summary of the case. For more details, read the main post on our web site. You can read the post here.

Published on:

iphone calendar in handSince there are so many variables and complexities involved in a motor vehicle accident case, it is always best for those who are injured in car crashes to consult with an attorney as early in the process as possible. Issues such as the statute of limitations, notice requirements, and other matters concerning timeliness must be dealt with promptly.

The courts do not favor those who don’t exercise their rights to sue in a timely manner. Recently, a Tennessee appellate court was called upon to decide whether an insurance company (which stood in for its insured, to which it had paid damages arising from a motor vehicle accident) had forfeited its right to recover from the responsible party because it failed to file their case after the defendant appealed a verdict for the plaintiff to circuit court.

Continue reading

Published on:

small car

Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy.

When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company.

As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company’s responsibility to pay out certain benefits in the event of an accident.

Continue reading

Published on:

big rigsWhen it comes to claims arising from an 18-wheeler accident, an injured person is often wise to “cast a large net” and name as many defendants as possible. This is because insurance coverage issues and policy limits can restrict the ultimate recovery from a particular defendant, but, if several defendants are named, it is more likely that the plaintiff will be fully compensated for his or her medical expenses, lost wages, and pain and suffering.

Of course, the defendants named in a tractor-trailer wreck case may have a viable defense, and they have a right to seek the dismissal of the case against them on procedural grounds. In such cases, it is up to the courts to decide who stays and who goes.

Continue reading

Published on:

By Jessica Surber, attorney
English, Lucas, Priest and Owsley, LLP

file0001532482557 morguefile drummerboyA Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October.

This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use.

Continue reading

Published on:

sidewalk in town

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident.

Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff.

Continue reading