The focus of injury law is to identify the individual’s economic, medical, and emotional needs (losses) as a result of a bodily injury. Principles of injury law seek to restore, compensate, and “make whole” the many losses an individual will experience when they have sustained injury due to the negligence of others. Kentucky law provides that an individual shall be fairly compensated for areas of damage such as past medical expense, necessary future medical expense, past lost wages, future lost earning capacity, past pain and suffering, future pain and suffering, loss of services, and loss of spousal consortium (love, affection, and support between spouses), loss of parental consortium (love and affection as between a minor child and parent) and likewise loss of child consortium (love and affection as between parents and minor child).
Motor vehicle accidents are a leading cause of injury and death. When injured in an MVA, special rules apply with regard to the priority of insurances. In Kentucky and Tennessee, auto insurances such as PIP (Personal Injury Protection) coverage or med-pay coverage should be billed first by medical providers before your personal health insurer is ever charged for medical care, and you should never be asked to pay out-of-pocket. Only once all auto insurance coverages are exhausted should your personal health insurer be asked to foot any bill. At the conclusion of the case, the insurance company for the at-fault driver will be required to pay all past medical expenses, any future medical care needs, lost wages, future lost wages, out-of-pocket expenses, and past and future pain and suffering. The insurance laws surrounding a motor vehicle accident are complex. Consult with the experienced team at Bowling Law Office, PLLC to put the law on your side.
Workers’ Compensation laws are created to protect employees who sustain injury while acting within the scope of their employment. Almost every Kentucky employer is required to carry Workers’ Compensation insurance to cover their employees in the event of injury. In Kentucky, an employee cannot be fired or mistreated as a result of making a claim against his or her employer’s Workers’ Compensation insurance. If you sustain an injury requiring medical treatment while in the scope of your job, all medical bills should be paid for by the Workers’ Compensation insurance. Furthermore, if you have to miss work due to the injury for an extended period of time, you should be compensated 66% of your average weekly wage. Lastly, if your injury requires future medical treatment or causes permanent physical impairments, you are entitled to be compensated for both.
SOCIAL SECURITY DISABILITY
Are you no longer able to meet the physical demands of your job due to a health condition or variety of health conditions? Social Security Disability (SSDI) is a public federal insurance program available to those who have qualified by earning sufficient work credits and paying into the system through years of labor. If your application is denied, give Bowling Law Office, PLLC a call so that we can enter an appearance in your case as your representative and request a hearing before an Administrative Law Judge (ALJ) to help prove your case. As your legal representative, we will guide you through the post-application process and make certain that all of your medical records and evidence of disability are properly before the ALJ and that your case is presented thoroughly. We are only entitled to a fee if we win your case.
Businesses who open their doors to the public for the sale of goods or services owe a legal duty to maintain their premises in a reasonably safe condition. The business also owes a duty to ensure that its employees do not act negligently and harm customers. When a business fails to maintain its premises in a reasonably safe condition or one of its employees negligently causes injury to a customer, the business is liable for all legal damages that result. Businesses are highly regulated and typically have detailed safety policy. In almost all premises liability cases, the customer’s injury was a result of the company, or its employees, failing to follow its own safety policy. When a business or an employee violates their own rules and you are harmed as a result, seek the advice of an experienced premises liability attorney to make sure you or a loved one are fully compensated for your injuries.
Medical malpractice cases generally fall into three major categories: 26% of claims relate to failure to diagnose. 24% of claims relate to surgical error. 28.5% of claims relate to improper treatment, and 5.1% are due to adverse drug events. A recent Johns Hopkins study demonstrated that more than 250,000 people in the U.S. die every year from medical errors. Other reports claim the numbers to be as high as 440,000. Medical errors are the third-leading cause of death after heart disease and cancer in the United States.
If you or a loved one believe you have suffered from medical negligence, call the Bowling Law Office. We have successfully handled claims involving surgical error, brain injury, and even death.