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Lexington Personal Injury Law Blog

What is negligence and will it affect a car accident case?

Accidents are common in Kentucky and often happen when individuals are not paying attention to what they are doing. A person may walk into another individual if they have their eyes diverted down to their cell phone as they move; a driver may cause a car accident if they are more focused on changing their music than on the traffic that is stopped in front of them.

Accidents usually happen because someone is doing something that they should not be doing at the particular time that the accident occurred. In any given situation, a person is generally expected to act reasonably. When others are near, they owe a duty to those individuals to accord themselves in a reasonable manner so as not to cause injury to others.

Treatment after a spinal cord injury can be costly

A catastrophic injury, such as a spinal cord injury, can be life-changing to a Kentucky resident. It may render a previously active individual bound to a wheelchair and dependent upon the support of others to live. The general topic of spinal cord injuries was previously discussed on this blog, and this post will expand on that information by illuminating some of the extreme costs that may be associated with diagnosing and treating an individual who has suffered a severe spinal cord injury in an accident.

Immediate treatment for a spinal cord injury can be imperative to protecting future function of the spinal cord. The spinal cord is a bundle of nerves that runs through the spinal column and carries nerves throughout the body that control ambulation, respiration and many other necessary functions. A person suffering from post-accident spinal trauma may be immobilized, given steroids and subjected to tests such as MRIs, CT scans, x-rays and ultrasounds. These tests can be administered repeatedly over time to check for changes in the individual's condition.

Commercial trucks pose major risks to passenger vehicles

Motor vehicles are both a boon to society and a massive source of risk and loss. They allow people to live more than a mile or two from the place they work. They provide freedom to engage in all kinds of activities, from socialization to travel. However, they can also cause substantial property damage or death in the event of a crash.

Similarly, commercial vehicles can cause harm while helping maintain the economy. While they allow for faster transportation and allow for the quick and efficient movement of raw goods, food and products around the country, they pose a risk to everyone else on the road.

Be on the lookout for dangerous holiday product

Christmas has come and gone and now residents of Kentucky may possess more products than then did only a few short days ago. While many of the gifts that individuals received will add enjoyment and comfort to their lives, others may possess dangers that their owners are not able to immediately identify.

When a product suffers from a defect in its design, manufacturing or warning scheme, then it may be considered defective. The creators of products are responsible for imposing a duty of care in the development and construction of consumer goods to reduce unnecessary risks and dangers from the items they sell. If a defective product makes it into the market and harms a person, then the parties responsible for putting it into the victim's hands may be held responsible for the injuries and losses.

Nearly 2 million Dodge Ram trucks recalled over roll away risk

Consumers depend on manufacturers to ensure that their vehicles and other safety-critical purchases are safe. The bigger the brand name, the more entrenched the expectation that the product in question has faced and passed rigorous safety testing. While that may be true of many products, individual batches of components or minor changes to design may not undergo the same level of safety testing, leaving consumers vulnerable to potential fatal malfunctions.

It can be difficult to detect and properly address serious defects in vehicles. People can end up experiencing traumatic accidents, sustaining serious injuries or even dying as a result of defective components in vehicles. The recent announcement of a Dodge Ram recall involving roughly 1.8 millions vehicles highlights the risk to consumers related to poor manufacturer policies.

A review of beneficiaries for wrongful death cases

A wrongful death action brought after the death of a Kentucky resident must be filed by the personal representative of the decedent's estate within one year of the individual's death. Once the matter is filed and the sides have pleaded their cases to a court, a judge will offer a ruling that either accepts the plaintiff's or defendant's claims. If the complaining side wins, there are a number of beneficiaries who may recover damages from the defendant.

For example, if a father dies and leaves behind a wife and children, a successful wrongful death action based on his passing would benefit both the mother and kids. Half of the recovered damages would go to the mother and the other half would go to the children. If the man passed away without children but did have a wife, the wife would collect all of the damages that were awarded.

What is a spinal cord injury?

Every year thousands of men and women suffer serious injuries in negligence-based accidents. Vehicle accidents on Kentucky roads can result in broken bones and serious trauma to victims, and dangerous products can leave unsuspecting consumers with life-threatening ailments. While any part of a person's body can be impacted by a serious incident, spinal cord injuries are somewhat common and can be very serious.

The spinal cord is a grouping of nerves that run down the back bone. It is surrounded by vertebrae, which are round bones that protect the spinal cord and hold it in place. The spinal cord carries messages from the brain to all parts of a person's body, such as those neurological messages that make the appendages move and the lungs breathe.

Minimum coverage insurance policies could cost you more over time

Owning and driving a vehicle isn't cheap. In addition to paying for a loan or lease for the vehicle itself, there are additional fees, like registration and insurance. Combine that with unpredictable gas prices, oil changes and other maintenance, and it all adds up to a substantial sum.

You may think that reducing your driving costs by purchasing the cheapest possible insurance policy is a wise financial move. After all, doing so could reduce your monthly or annual insurance costs, which make up a large amount of the expense of vehicle ownership. However, if you end up in a crash or collision, carrying the lowest possible amount of insurance could end up costing you a lot.

Loss of companionship damages in wrongful death case

Some personal injury damages are easy to quantify. For example, when a Kentucky resident is hurt in a car accident and requires medical treatment, the bills that they incur from hospitalizations, doctor visits, prescriptions and other accident-related care may be added up and included as losses in a claim for damages. Similarly, if the victim has to miss work in order to recover from their ordeal, they may claim their lost income as damages as well.

Other losses, though, may be more challenging to identify but this does not make them less important. Losses based on companionship and consortium may be alleged in certain personal injury cases when accident victims perish and survivors suffer the ill effects of losing loved ones.

Why are some prescriptions drugs considered dangerous?

When a Kentucky doctor prescribes a medication to their patient, they make an educated decision to treat the patient's ailment with the selected pharmaceutical. In their best estimation, the doctor believes that the selected drug will remedy the patient's health problems. Some prescription medications carry with them known side effects, and, when making a drug selection, a doctor may elect to prescribe a drug with side effects if the benefits outweigh the potential for harm to the patient.

However, some drugs are so dangerous that they should not be prescribed to any patient. When a drug presents fatal or potentially fatal side effects, it may be removed from distribution and no longer used by individuals who require prescriptions. The remainder of this post will discuss several of the ways that unsafe prescription drugs may be deemed dangerous and taken out of the stream of commerce.