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Articles Posted in Personal Injury

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eclipse drivingOn Monday, we will have an unusual opportunity here in Bowling Green and all of South Central Kentucky: we will be a prime viewing area for the solar eclipse.

This is incredibly exciting, so much so that schools are closed, local hotels are full and many special events are planned. Traffic is expected to be extremely heavy in our area as people make their way to prime viewing spots. Southern Bowling Green is expected to be one of the places that will experience totality – a total eclipse – along with Hopkinsville, which is touting itself as the point of the greatest eclipse and “eclipseville.”

Nashville, too, will have great views, so you can expect plenty of traffic between Bowling Green and Music City as well.

 

 

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Those who lack familiarity with the inner workings of the civil justice system may be under the impression that a lawsuit is either settled or it goes to trial in front of a jury. However, the fact is that not everyone who files suit gets their day in court, so to speak.

Many cases are decided by a judge via a process known as summary judgment. When a judge grants summary judgment, he or she is essentially saying that, even if the plaintiff is given the benefit of the doubt as to questionable evidence, the law will not allow him or her to be successful at trial.

Usually, summary judgment terminates a civil case. However, a party against whom such an order is entered may appeal the trial judge’s decision, and the court of appeals could see things differently. Continue reading

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truck-on-highway-KY-300x225Generally, when someone is hurt due to another party’s negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply.

At common law, the government could not be held liable for injuries caused by negligence. This was because of the “sovereign immunity” doctrine, which held that “the king can do no wrong.”

While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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