Punitive damages for a wrongful death claim

A wrongful death is a tragic and traumatic experience for all members of a decedent's family. Wrongful deaths are generally caused by the negligent, wrongful, or reckless acts of others. Unlike deaths that occur from natural causes, wrongful deaths may be preventable and can be attributed to the actions of others. Additionally, unlike natural deaths, wrongful deaths may lead to litigation.

When a person dies in a wrongful death accident, their loved ones may wish to pursue their losses from the party or parties that caused them to suffer. The administrator or executor of the decedent's estate can file a wrongful death claim within the statute of limitations recognized by the state. In their pleading, the administrator may include a statement regarding the damages that should be paid by the responsible party.

What role does causation play in a car accident claim?

A motor vehicle accident claim is often presented in the form of a pleading. When the victim of such an incident chooses to pursue their losses from the party or parties that caused their harm, they may file a lawsuit in the civil courts of Kentucky to initiate the process. When they elect to file a lawsuit they may select various legal bases on which to assert their rights to damages.

When a victim claims that negligence caused their accident, for example, they must prove all of the requirements that are associated with the act of negligence. The mere fact that an individual acted unreasonably may not be sufficient to secure a victim with damages; the victim may have to prove each and every element of their claim, including causation.

Children suffer brain injuries from common accidents and products

It may seem as though a Kentucky child moves through life with the ability to avoid the injuries and harm that befall older individuals. When a child stumbles they may end up with a bruise or minor cut, whereas an adult may pull a muscle or break a bone. However, a recent study suggests that children are susceptible to a highly dangerous form of injury from a variety of common products that can cause accidents and injuries when they are encountered.

Traumatic brain injuries result from jolts or penetrations into the brain, and unfortunately there are many ways that kids can suffer them in their everyday lives. Research out of the journal Brain Injury suggests that more than over 17% of brain injuries in kids under the age of 19 happen when they are injured by items of furniture in their homes or home elements. These items and elements can include but are not limited to walls, floors, beds, and tables.

When can pedestrians take action against drivers that hit them?

When a vehicle collides with a pedestrian, that individual is likely to suffer severe injuries as a result. Even when moving at low speeds, motor vehicles are larger, heavier and more externally durable than the human body.

Individuals who get struck by motor vehicles often suffer injuries that include broken bones, brain injuries and spinal cord injuries. The effect of those injuries can be a permanent reduction in income, as well as a dramatic decrease in the victim's standard of living. Insurance payments or settlements may not cover all of these costs. It's also possible that the other driver didn't even have insurance at the time.

Documentation and evidence are crucial to your case

If you have been injured by a defective product, you may be able to recover compensation for your damages through a product liability lawsuit. The type of product can be just about any consumer product, from automobiles to medical implants. The types of damages can include medical expenses, lost wages and pain and suffering.

But before you can recover any of that, of course, you have to prove your case. You must provide evidence of your damages and evidence that your damages resulted from a defect in the product.

What types of driving distractions lead to car accidents?

Texting and driving is a dangerous combination that many states, including Kentucky, have identified as illegal to do. In Kentucky, young drivers are prohibited from all cell phone use while driving, and all drivers are banned from texting while their vehicles are in motion. The reason that texting and driving is so scrutinized under the law is because drivers who are distracted by their cell phones can and do cause dangerous and often deadly collisions.

However, texting and driving is not the only way that distractions find their way into drivers' lines of focus. There are many other activities that may steal drivers' attention away from the roads they are on and put them and others at risk of harm.

Are car accidents more dangerous for women?

Statistics show that men outnumber women in the numbers of people killed in motor vehicle accidents in Kentucky and across the nation. However, statistics also show that women are more likely than men to suffer serious injury in car accidents. Researchers have long struggled to understand how these two statistics relate to each other.

According to the Insurance Institute for Highway Safety, 26,380 men died in motor vehicle accidents in 2017. Only 10,697 women died in motor vehicle accidents that year. However, the IIHS notes that when comparing crashes of equal severity, researchers find that women are more likely to suffer injury or death. One study found that in accidents where women and men wore seatbelts, women were almost 50% more likely to be fatally or seriously injured than men. Other studies have found the figures even worse for women.

Pharmaceutical companies and their duty to warn

Over the course of a Kentucky resident's life they may be prescribed various medications that are intended to improve their health. As children, they may be given antibiotics to heal infections. As they age they may be given medications to decrease their pain, improve their circulation, and remedy other medical conditions. The prescription drugs that they are prescribed have often undergone heavily regulated studies to ensure their efficacy and general safety. That is not to say, however, that they are completely free of all possible dangers.

Prescription drugs can be useful tools for fighting disease, but some can cause hazardous and even life-threatening conditions in those who take them. Side effects, drug interactions, and other dangers may not be experienced by all who take certain medications, but because pharmaceutical manufacturers know that these incidences may occur they must warn their consumers of those potential harms.

Why you should seek out a lawyer soon after an accident

A serious injury can change your whole life, and the lives of your family members. If your injury was the result of an accident caused by someone else, it's important to talk to an attorney with experience in personal injury law to learn about your options for pursuing compensation, and it's important that you do it soon.

Under Kentucky law, the statute of limitations on personal injury claims is one year. This means an injured person has one year from the date of the injury to file a claim. After a year has passed, the injured person may not be able to recover compensation at all.

Some recover better than others from brain injury

Recently, researchers conducted a study in which they tried to understand why some people recover their cognitive functions better than others after traumatic brain injury.

Also known as TBI, traumatic brain injury typically results from a sudden, violent blow to the head, such as in a car accident or a bad fall. These impacts can directly damage the brain tissue, or damage the brain tissue through swelling. Severe TBI can cause death or coma, and even relatively mild TBI can cause headaches, personality changes and cognitive problems.

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