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Articles Tagged with personal injury

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By Kyle Roby
English, Lucas, Priest and Owsley

emergency-room-photo-300x199When you are injured in an accident, you may sue to recover the costs of reasonable and necessary medical treatment following the incident. How do you determine what those costs are and the reasonableness of them? Is it the medical bill itself? Is it what your health insurance paid? Is the other side entitled to a credit or set-off if the cost of your medical bills are reduced by insurance payments or the hospital charges a different rate for your health insurance? These are some of the questions you may have when trying to determine what is the reasonable cost of medical treatment in a personal injury case.

In most states, Courts will follow what is known as the collateral source rule. The collateral source rule is a rule of evidence that prohibits the admission of evidence that the plaintiff or victim has received compensation form other than the damages sought against the defendant. Typical examples of a collateral source are medical bills paid by health insurance or payments made by workers compensation.

Recently, the Tennessee Supreme Court was faced with the question of what was the reasonable cost for medical services in personal injury cases. This case, Dedmon vs. Steelman, is an important win for Tennessee patients and personal injury victims. The Tennessee Supreme Court heard the case in April and issued a ruling on November 17, 2017.

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street-building-construction-industry-300x200When a person who is injured due to another party’s careless conduct files a lawsuit, he or she may expect the matter to be concluded either by a jury trial or by a settlement.

However, a significant number of Kentucky personal injury cases – especially premises liability lawsuits arising from slip and falls, trip and falls, and fall down accidents – are resolved via a motion for summary judgment.

By granting summary judgment, a trial court is saying, in essence, that even if everything the plaintiff says in his or her complaint is true, the defendant is entitled to a judgment as a matter of law. Summary judgment is only appropriate in situations in which no genuine issues of material fact must be resolved in order for the issues to be decided.

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city streetFiling a personal injury lawsuit against a city can be very tricky. If certain rigid procedural requirements are not met, a plaintiff’s case can be dismissed even if a city was clearly negligent.

This is one of many reasons why it is best to consult an attorney as soon as possible after being involved in an accident. Unlike the average citizen, experienced Kentucky premises liability attorneys are well-versed in the area of negligence litigation, including the special rules that apply in cases involving a city.

Facts of the Case

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Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff’s case will be dismissed regardless of its merits.

In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period.

A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection.

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Under Kentucky law, a person who is injured on the job is entitled to benefits such as temporary and permanent disability payments and medical expenses. Usually, these benefits are less than what the worker would have received in a negligence case against someone other than his or her employer.

Thus, an employee who is hurt at work may wish to file a personal injury lawsuit against a third party whose negligence contributed to an injury at work. Of course, the third party has an incentive to assign as much fault as possible to the employer, even though the employer is immune from liability in the negligence case.

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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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vicious dog

There is no question that some dogs are more dangerous than others, or that almost any dog is capable of an attack under the right circumstances. What responsibility should the owner of a dog with dangerous propensities – or the owner of any dog, for that matter – have toward the general public?

A Kentucky appellate court addressed this issue recently in a case in which a woman was severely injured by a pack of dogs during a hunting trip.

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Do you know how much uninsured motorist coverage you have, or whether you have such coverage at all? One man thought that he had such coverage, but, as it turns out, uninsured motorist coverage was not part of his insurance plan with Allstate.

In a case that went all the way to the state’s highest court, the parties vehemently disagreed about the issue of coverage. Ultimately, the man lost his case in an appellate court opinion issued some 10 years after the automobile accident that led to the dispute.

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A negligence case has four components:  duty, breach of duty, causation, and damages. Sometimes, a particular situation – such as a slip and fall injury, an act of medical malpractice, or a defective product – turns a simple negligence case into a more complex inquiry.
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Sometimes, however, the opposite is true. A recent case from the Kentucky Court of Appeals illustrates this point.

Facts of the Case

In Campbell v. Pro Video Audio Productions, Inc., the plaintiff was working as a professional stagehand at a concert in Louisville in 2012 when his foot became entangled in a tarp placed on the stage. He fell approximately seven feet, hurting his arm, leg, face, and hand. He sued the defendant, who was in the business of providing stage construction and sound system services, alleging that it had created an unreasonably dangerous condition by failing to place handrails around the stage.

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Pinnacle hip replacementA two-month trial in Dallas brought back a huge verdict against Johnson & Johnson, the manufacturer the Pinnacle hip replacement, which is a metal-on-metal hip replacement system. The jury verdict came back today after only one day of deliberations. The jury verdict awarded $497.6 million in damages to five plaintiffs whose cases were combined as part of a multidistrict litigation. The figure included $360 million in punitive damages against DePuy.

The case is considered to be a bellwether case, meaning the outcome of the case indicates how the courts and juries may see future hip replacement cases. The result of the case was posted on law news site Law360 today.

The device targeted in this lawsuit is the Pinnacle Acetabular Cup System, which is made by DePuy, a division of Johnson & Johnson. One of the key components of the Pinnacle hip replacement is a cobalt and chromium liner in the cup part – which was also a key part of the problem with the device.

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