wrongful death claims

What can I do after I lose my partner?

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Losing a spouse can seem unimaginable. It can seem like there are no answers to what you’re facing. But when their passing might be someone else’s fault, there could be compensation in play to help you move forward.

The U.S. saw over 167,000 preventable deaths in 2018, a number that has increased by 93% since 1992. Determining how to proceed is no small matter when it happens to your family, but Kentucky’s laws could show you the way in the case of wrongful death.

Pressing help

Kentucky considers wrongful death to be the result of negligence that causes your loved one’s loss of life. How your case proceeds depends on the circumstances:

  • Parties: The person or party that is responsible for the death could be held accountable. A building owner who ignored safety hazards, an inattentive physician who committed a surgical error or a trucking company running vehicles with defects might all fit the bill.
  • Damages: The liable party could be on the hook for costs stemming from the accident, but intent or gross negligence can bring in additional penalties. Punitive damages may also be on the table for these types of offenders.
  • Family: While the representative of the estate will likely bring the case, the family is often the one to benefit. You and your children will usually be among the primary recipients.

Getting help recovering after the death of your partner may seem daunting, but there could be a way. Understanding the system in Kentucky could be the first step in the right direction.

 

children how to be safe around dogs

Teaching children how to be safe around dogs

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Dog bites cause nearly $165 million every year in medical expenses. And while it may be adults that need to worry about those costs, it’s children that have to worry about the injury. Up to 75% of all bites happen to those 20 years old and younger, with children ages five to nine the most susceptible.

It may be impossible to deter every dog that could become aggressive, but there are ways to minimize your children’s chance of becoming a victim. Educating yourself and your kids on how to act around animals could save you a lot of pain down the road.

A good start

Children should ask a dog owner’s blessing before approaching, petting and playing with the animal. The owner will likely know if the situation will lead to a good interaction.

With permission, children need to take it slow:

  • Let the dog approach first
  • Allow the animal to sniff
  • Make sure to pet the body, and stay clear of the head
  • Use a calm voice to communicate with the dog
  • Be on the lookout for changes in behavior

While actions are important, reading the situation can be just as crucial. There are times when children should not attempt to greet the dog, regardless of how well-behaved the child may be:

  • Animals that don’t have an owner nearby, or appear injured
  • Dogs that are already excited and may get more agitated
  • A dog that is eating, watching their young or asleep

Correct behavior

An adult should always be around to supervise interactions. Though you can try your best to teach children how to properly play with dogs, excitement can get the best of the situation. They may miss the signs that a dog is edging toward inappropriate behavior.

Even when a child does everything right, there’s still a chance an attack can happen. Animals may be unpredictable, and situations can quickly change. Dog bites can turn serious for children, and the road to recovery can be a long one.

How do you pick the right nursing home for your family?

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You want what’s best for the ones you love, but it can be difficult to find quality care. When you’re looking at options in a state that has trouble meeting government standards, getting them the help they need may start with educating yourself.

Kentucky has a poor track record when it comes to shortcomings in elderly care. Though it comes in 22nd for the number of total nursing homes in the country, it ranks second for the number of serious deficiencies. This means picking the right home will likely take plenty of leg work.

Due diligence

Finding the nursing home that suits your family starts with the right information. You’ll need to have a thorough understanding of how they rank, what they offer and how they operate. Putting these pieces of the puzzle together can provide a good idea of what care you and your family can expect.

Rating care

The same data that shows where Kentucky is lagging behind can also provide a breakdown by home. The U.S. Centers for Medicare and Medicaid Services mandates that each state has to investigate places that receive funding from the government. This information can help you avoid locations with a large number of deficiencies and fines.

Meetings needs

Getting the help your family needs also depends on what kind of care they require. Make a list of requirements and check them off for each facility:

  • Available medical care
  • Access to specialists
  • Specialized care for conditions
  • Specific diet options
  • Religious affiliations

Personal reviews

Once you have your list narrowed, it’s usually time to start learning what lies beyond the numbers. Visit the facility, meet with the director and talk with the staff. Ask any questions you may have about procedure, employee turnover or anything that seems out of place.

Make trips to the facility at different times to speak with staff working various shifts. Seek out the heads of the nursing, food and social services department. Leaving no stone unturned could help you spot potential red flags that may be hiding under the surface.

Doing your homework could save your family pain down the road, but it’s not a guarantee. Even the most diligent work can’t account for every possibility. Make sure you know the standards the facility you choose has to live up to, and you could recognize dangerous flaws before the costs become too great.

uninsured drivers

How can parents protect their teenage drivers?

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Protecting your children is a non-stop responsibility for you as a parent, and things only get harder as they grow older. Teaching them how to drive is a milestone for any family, but it doesn’t come without concerns.

Teenagers are more likely to die because of a car crash than any other cause. Drivers between 16 and 19 years old are three times as likely to be involved in a fatal crash than more experienced drivers. While driver’s education may lay the groundwork to avoid these heartbreaking scenarios, it may rest on your shoulders to keep educating your children.

Revealing risks

It’s important to speak with your new drivers about the risks they face on the road, and how to combat them. What may seem like a simple answer to you may not occur to teenage drivers. Going a little over the speed limit, messing around with friends or not wearing seatbelts may not seem like a big deal to them, but they are a few of the biggest risks for teens behind the wheel:

  • A fifth of teen driving accidents involve alcohol
  • Over half of the fatalities that occur are because they aren’t wearing seatbelts
  • One-in-ten drivers die because they were busy with distractions like eating or texting
  • One-third of all teenage driving accidents involve speeding
  • Passengers increase the likelihood that an inexperienced driver will crash

Hands-on help

But telling them isn’t always enough. There are a few other ways to guide your children down the right road for safer driving:

  • Continue riding with your new driver and help them, even if the law no longer requires it
  • Practice with them in different situations, like during bad weather, at night or in crowded city settings
  • Set ground rules for safety, like limiting passengers, only driving during the day or not driving too long

Covering all this with your kids can help keep them safe, but the world will continue to be a dangerous place. Accidents out of their control can still strike. Getting them healthy can rely on enlisting help, so look to the team at Satterley & Kelley PLLC. We can guide you toward the recovery that your family needs to move forward, so get in touch with us today.

headphones driving

Commuter claims are stronger with the right photographic evidence

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Driving may be part of your everyday life, but one mistake from another driver can turn that life upside-down in an instant. Setting things back the way they were is no small task, but you can take steps to help get things started.

Serious injuries in a car accident can add up to almost $1.2 million in costs. Emergency medical care, long-term rehabilitation and lost wages could contribute to astronomical losses. Getting help might depend on the actions you take after an accident, especially those that strengthen your proof.

Legal impacts

The state asks you to behave appropriately after an accident, and you even have some legal requirements in doing so. Make sure you understand what’s expected of you:

  • Stop your vehicle and pull somewhere safe, if you’re able
  • Collect information from other drivers involved
  • Take down details of the accident and the damage involved

Cementing the details can include photographic evidence. While memories of the accident can fade, damage can get repaired and witnesses can disappear, photographs can stand as lasting evidence of what occurred.

Capturing cause

Simple snapshots of the accident might be enough to strengthen your claim. You’ll need to fully document the wreck, and show what evidence you can for causes and circumstances:

  • Overviews: You’ll want to start with pictures that can convey a broad sense of the accident. Give a general idea of the scene from multiple angles, including damaged barriers or missing signals.
  • Vehicles: Next, you’ll want to bring the focus to the vehicles. Capture cars from every angle, so you can show the damage to your car, and possibly refute conflicting claims.
  • Documents: Take photographs of plates, licenses and insurance at the scene. It will give you a second copy, and could even help you call into question outdated or false information later.
  • Weather: It’s important to note the condition of the road you were on. If the other driver tries to claim slick roads on a sunny day, you can use photos to set them straight.
  • Injuries: Document your injuries as best you can. These pictures can go a long way in proving the level of harm you experienced in the crash.

Getting the help you need after an accident may depend entirely on the strength of the evidence supporting you. Make sure you start on the right foot by documenting all the proof that could vanish quickly. Continue toward a healthy recovery by contacting Satterley & Kelley PLLC, who can help you put those photographs to work for your injury claims.

Walkers need to take precautions when drivers don’t

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Most everyone is a pedestrian at some point in the day. And during that time, there could be plenty of opportunities for catastrophe. Unfortunately, even if it is the vehicle’s fault, it’s often the pedestrian that has to focus on precautions.

People traveling on foot are 1.5 times more likely to die in a car crash than the vehicle occupants. For this reason alone, it’s essential for walkers sharing space with vehicle traffic to be aware of hazards, because drivers aren’t always on the lookout.

Recognizing risks

Staying safe can start with knowing who’s at risk. Accidents are more likely to happen in certain situations. These are the times and places that pedestrians should take extra care:

  • Urban settings make up 80% of all accidents
  • 32% of accidents involve pedestrians with a blood alcohol content of at least .08
  • Only 21% of wrecks with pedestrians occur in the daylight

A path to safety

Making yourself seen starts with staying aware of your surroundings, followed by a few simple precautions:

  • Visible: Drivers can’t avoid what they don’t see. Since most accidents happen at night, walkers who travel in well-lit areas, wear reflective clothing and carry lights are at an advantage.
  • Predictable: Even during the day, you should avoid throwing any curveballs. Try to cross streets at signals, walk where vehicles can see you and make eye contact with oncoming drivers.
  • Caution: Not every situation allows you to follow the straight-and-narrow, so do the best with the options available. Stay on paths or sidewalks, cross through gaps in traffic and avoid distractions like phones or music.

It’s important for those that spend time walking around traffic to be able to identify high-risk situations. Acting responsibly can help avoid many problems, but you can’t predict every outcome. If you’ve been injured by a negligent driver, contact Satterley & Kelley PLLC to get the help you need when working toward the recovery you deserve.

Pedestrians may be walking a dangerous path

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Getting around on foot has plenty of benefits, from keeping your weight down to keeping the dogs sane. But when you’re hitting the pavement in the face of risk factors, walking could be anything but healthy.

Pedestrian deaths make up one-quarter of the fatalities that occur on the roads in Jefferson County. The volume of these accidents makes the Louisville metro area the 35th most dangerous city in the country for pedestrians. While the city is working toward solving the problems that afflict those on foot, there are still plenty of hazards you need to watch for while walking.

Steps for improvement

Pedestrians are an inclusive group. From walking to work to running for exercise, any person on foot generally counts as a pedestrian. Louisville is home to plenty of them, and the city has drafted a policy for protecting this traffic with transportation decisions that reflect safety concerns.

The Complete Streets project is only getting started, so there are still plenty of risks that come with sharing space with vehicles. Staying safe could rely on knowing where and when the dangers currently exist.

Watch where you walk

Most accidents tend to occur where more cars are sharing the roadways with more people. Urban locations make up 80% of where fatalities happen. And of those deaths, only a small number took place at intersections. Most casualties, 73%, took place elsewhere.

Just like locations, you’re more likely to be involved in an accident at certain times. Three-quarters of all fatalities take place at night when visibility is at its lowest. These numbers can fluctuate between the warm and cold seasons, shifting between the evening and dark of night. The weekends are also more perilous, with incidents spiking with the late crowd.

Knowing when you’re at risk is essential for avoiding danger. While the city is making strides toward a safer commuting environment, you’re still better served understanding when dangers are walking across your path.

 

What can you do when vehicle defects cause an accident?

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Auto accidents often involve two or more vehicles. Yet, issues with your vehicle may have caused you to crash and experience injury. You may fear that you have limited options for recourse if other drivers were not involved. If your accident stemmed from vehicle defects, you may be able to hold certain parties accountable.

Making a claim

After your accident, you might be able to make a product liability claim to compensate for the damages your vehicle’s defects caused. This claim will be interpreted through strict liability doctrine.

Most liability claims require you to prove the negligence of another party. Yet, strict liability allows you to bring a claim against a product’s manufacturer or seller in the absence of carelessness. For your claim to be sound, in this case, you must prove that:

  • The vehicle’s components or design were unreasonably dangerous
  • The vehicle’s defects caused injury when used in a proper manner
  • The vehicle remained in a similar state to its purchase

You can also make a product liability claim due to defective marketing. This claim applies in situations where the vehicle’s manufacturer or seller failed to warn you about any known dangers.

Determining liability

The defendants of your legal claim will depend on the circumstances surrounding your accident.

In some cases, one party – like a dealer, parts manufacturer or vehicle manufacturer – may shoulder clear and complete fault. Yet, multiple parties could be at fault depending on how you sustained your injuries or whether the vehicle’s defects stemmed from component or design issues.

To support your claim, you will need to gather as much evidence as possible from the accident. Vehicle inspections, accident reports and photos of the damage or your injuries can all help determine liability.

When vehicle defects go undetected, they can lead to serious injuries. Making a claim afterward can be complex, and a personal injury attorney can help you work through the process.

claim against a railroad company

Filing an injury claim against a railroad company

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Some of the most catastrophic accidents in the country are train accidents. As for those who are injured or who lose a loved one in such an accident, they may be eligible for compensatory damages. Kentucky residents should know what the process of filing a claim against a railroad company is like.

First of all, most cases end in an out-of-court settlement as railroad companies and state transit authorities usually want to avoid the negative press that would come in the wake of a trial. During negotiations, both parties will propose a reasonable amount in damages. Of course, it’s always possible that with a trial, the jury may award a higher amount, which is why some will press on with their lawsuit.

Lawsuits start with a complaint filed against the court holding jurisdiction over the accident. The defendants then file a response with their defense. Plaintiffs and defendants may exchange evidence, hearings may be held, and pre-trial motions may be made to admit or dismiss certain evidence. If a settlement is not reached, then a trial begins.

High-speed rail passengers who are injured in large-scale train accidents may not have all their losses covered due to a $200 million liability cap established by Congress in 1997. Also, injured railroad employees file a FELA claim, which is subject to different regulations.

Railroad collisions can sometimes be connected with auto accidents, in which case the process would be similar: Victims would file a claim against the railroad company and either opt for a settlement or take the case to court. Negotiating a settlement can be hard, though, and the other side could be aggressive in forcing victims to agree to their settlement offer, so it may be wise to have a lawyer. The lawyer might hire third-party investigators and medical experts to help provide evidence.