Should I Settle My Car Accident Case?

Rehabilitation May Be Your Road to Recovery After a Car Accident

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If you’re severely injured in a vehicle crash, there’s a good chance that you’re undergoing physical therapy to regain as much function as possible. When people think about medical care after an accident, the first thing that may come to mind is an emergency department or surgery. They may not consider all the time and effort they’ll need to spend with physical therapy to return to as close to normal as they can.

How Will Physical Therapy Help Someone Injured in a Vehicle Accident?

Medical care and surgery can only do so much. Depending on the extent and type of injuries you suffer, you may need very little to extensive physical therapy. You must be thoroughly evaluated so a physical therapist (PT) can determine your needs and how they can be met.

They will need detailed information about the accident, what was injured, and how. They’ll also want information on your medical treatment and surgeries, if any. Next will be a physical assessment so the PT can learn more about your pain and physical limitations. The PT will ask you many questions, and you’ll need to answer as fully and honestly as possible.

After a treatment program is developed, your PT will manipulate, move, and massage your body’s muscles, joints, tendons, and ligaments with their hands. This may decrease pain, reduce swelling, increase mobility, and speed up your return to function. Your program may also include exercises to help your recovery.

Physical therapy can help you fully recover physical functioning, or you may be limited by the nature and extent of your injuries. How long this takes depends on many things, including your injuries, how quickly you start therapy, and how dedicated you are to the program.

What Therapy is Needed for Brain Injuries?

The goal of rehabilitation for those with traumatic brain injuries is to help them regain as much function and become as independent as possible.

Those involved in your care can include the following:

  • Physicians
  • Physical and occupational therapists
  • Speech and language pathologists
  • Advanced practice nurses

Brain rehabilitation can start in the hospital, according to the Mayo Clinic, perhaps with just a few minutes of mental and physical exercise daily. You may need inpatient rehabilitation at a facility specially equipped and staffed for treating brain-injured patients after you leave the hospital.

Depending on your injuries, your team will help you with improving your mental, physical, and behavioral functioning so you can transition to living at:

  • Home independently
  • Home with assistance
  • A facility outside the home

You may also need outpatient rehabilitation so you can work and live as independently as possible.

How Will Therapy Affect My Insurance Claim or Lawsuit?

A large part of your case’s value is based on your costs of medical and rehabilitation treatment. Rehabilitation expenses can be substantial, especially if you’re treated at a specialized facility for a prolonged period. The higher the costs, the more serious your injury should be considered. All other things being equal, these high costs should result in an insurance company willing to pay more to settle your case.

Therapy generally isn’t easy. It’s something you need to work on. It can take determination and willpower to get through the grind. How much you can attain is often a guess. Based on a professional’s experience, they’ll estimate what effort is needed to reach a certain level of recovery.

Despite these unknowns, you should always do your best. Your goals may not be achievable, but you may also go much farther than anticipated. You won’t know until you try.

The law has a concept called mitigation of damages. You need to make reasonable efforts to limit the harm you’re suffering. If you can’t fully recover because you’re unwilling to put in your best efforts to improve, that will decrease how much recovery you’ll receive.

An insurance company may reduce a settlement offer if you’re not making appointments and your PT’s notes state you’re not doing the necessary exercises on your own or making a total effort during rehabilitation sessions.

Speak To A Satterley & Kelley, PLLC Car Accident Attorney Today

If another party’s negligence caused your injuries, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation.

Schedule a free initial consultation by calling our Louisville office at 855-385-9532 so we can discuss your situation. If it’s more convenient, complete our online contact form instead.

How Can I Maximize the Compensation for My Case?

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After your accident, you may feel your life is out of control. You have pain and limitations you’ve never had before.

You spend much more time with doctors and physical therapists, so your regular schedule no longer exists. Despite this whirlwind, you have some control over your life, and what you do and avoid doing can impact how much compensation you’ll get for your insurance claim or lawsuit.

To maximize your compensation, you should:

  • Be honest and consistent about your injuries
  • Follow medical advice and treatment plans
  • Avoid actions that can hurt your credibility

Read on for a more in-depth explanation.

5 Tips to Maximize Your Injury Compensation

We have represented thousands of accident victims over the years and learned what helps and hurts our clients’ cases. We want them to get the most compensation possible and advise them on how to accomplish this. Our guidance may not only result in a higher settlement, but your case may conclude faster because there are fewer complications and issues to slow it down.

Here are some suggestions based on our experience of what to do and avoid to help maximize your settlement amount.

1. Be Honest

Your credibility is one of the most valuable things you have when it comes to an insurance claim or lawsuit. Protect it as best you can.

You may think appearing to be more injured will get you more money. You can only be properly treated and recover as fast as possible by being honest with your healthcare providers. If you lie to them, you’ll not get the necessary treatment and rehabilitation.

Insurance companies thoroughly investigate claims, including going through your medical records. Being honest with your doctor but exaggerating your injuries when making statements or in a deposition will be a great big waving red flag to an insurance company. They may also hire a private detective to follow you and video what you’re doing in public, which may be far more than what you say.

Insurance companies settle cases. If they think you’re lying, they won’t offer much. They may be more willing to try the case and expose what they believe is your dishonest efforts to get more money from them.

2. Make Reasonable Treatment and Rehabilitation Decisions

You must make reasonable choices for your injury’s treatment and rehabilitation. If you’re uncomfortable with what one doctor proposes, you can get a second opinion and decide which approach is better.

Sometimes, the reasonable thing is to do nothing. You may need time to heal. But often, it is not. If you ignore medical advice without a good reason and your condition worsens, you could significantly reduce the settlement value of your case. The worsening and length of your condition will be considered the result of your decision not to be treated, not due to the accident.

3. Be Careful What You Say

The less you say about your accident and injuries the better, because your words may come back to haunt you.

Investigators and attorneys working for insurance carriers love social media, and not just to publish photos of their bar league softball games. It’s a primary tool they use when investigating someone making a claim against a policy. They’re looking for contradictions that can be used to question the person’s credibility.

If you’re claiming to be depressed, they’d love to find photos of you fixing your car, having fun with friends, or a great time at the beach. They’re also looking for images, videos, or posts contradicting your claims of physical injuries.

Investigators may also talk to neighbors to get some dirt on you. They’ll want to know what you’re doing and saying about your situation to others. The more you put out there about your condition, the greater the risk it’ll be interpreted in a way that harms your credibility.

4. Stay Organized

Your damages, or the harm you suffer measured in dollars, must be proven. That means establishing your income before and after the accident, the bills you’ve paid since the accident, and the time you’ve missed from work.

You should also organize and keep track of any documents given to you by your treatment and rehabilitation team. This may include:

  • Medical bills and treatment records
  • Pay stubs and proof of lost income
  • Receipts for out-of-pocket expenses
  • Notes about your symptoms, pain levels, and recovery progress
  • Any correspondence with insurance companies

5. Be Realistic About Settlement Expectations

Most cases settle. Your case will too, but only if you agree to what the insurance company offers. We will give our opinion of whether it’s a fair offer worth taking or that you may be better served continuing your case.

Demanding an unrealistic settlement from an insurance company won’t help your case. They may feel you’re not taking this seriously and have little to lose by not settling and going to trial. You may win or lose your case depending on the facts and law. Even if you win, the jury award may be less than you expect, perhaps even less than what the insurance carrier offered.

We have obtained substantial settlements and jury verdicts for our clients. But to justify that amount, they are severely injured people or family members of someone who’s been killed. By not being realistic with your settlement demand, you risk getting less compensation or perhaps none at all.

Talk To a Satterley & Kelley Personal Injury Attorney Today

If you’re injured in an accident caused by another driver, Satterley & Kelley, PLLC lawyers can protect your interests and legal rights to compensation for the harm you suffer.

Call our Louisville office at 502-589-5600 or toll-free at 855-385-9532 to schedule a free initial consultation so we can talk about your accident, injuries, and legal options. If it’s more convenient, you can complete our contact form.

American Vehicles Ran on Tires Made in Kentucky. Workers Who Manufactured Them Paid the Price

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The rubber and plastics industry has been a significant economic force in Kentucky for decades. Unfortunately, workers in these plants brought home more than paychecks. They returned with asbestos fibers in their bodies and on their clothes. These employees and spouses developed deadly cancers due to asbestos.

Kentucky has more than 260 rubber and plastics manufacturers employing more than 31,000 people, according to the state’s Cabinet for Economic Development. Although everyone needs an income to support themselves and their families, some jobs, like those at two Kentucky tire plants, come at a very high price.

What is Asbestos?

Asbestos is the name for six naturally occurring minerals. They are fiber bundles that can be separated into thin threads. They’ve been used for centuries in thousands of products because they are light, strong, durable, and resistant to heat, fire, corrosion, chemicals, and electricity.

Why is Asbestos Dangerous?

If asbestos fibers are released into the air, anyone in the area could inhale or swallow them. The body’s immune response to destroy this foreign material will fail, and the fibers will continue to exist. The cells trying to dissolve the fibers die, which triggers scar tissue and inflammation. Over decades, cells in the area mutate and become malignant.

Several types of cancer are caused by asbestos exposure, including lung cancer and different mesotheliomas. They are fatal cancers of the lining of the lungs, heart, abdominal organs, chest, and abdominal cavities.

Can Someone Injured by Asbestos Obtain Compensation?

If you or a loved one are diagnosed with an asbestos-related disease, you may be entitled to compensation for the physical, emotional, and financial harm you suffer. This may be done through a claim against a company involved with asbestos products or, if the company is bankrupt, a claim against a trust fund established to provide this compensation.

What Tire Plants in Kentucky Sickened Workers and Spouses with Asbestos?

Satterley & Kelley, PLLC attorneys have represented clients injured by asbestos who worked at Kentucky tire plants and spouses of workers who were exposed to fibers on their husbands’ clothes when they returned home. The plants were in Madisonville, owned by Goodyear, and in Mayfield, owned by General Tire and Continental Tire, which bought the company in 1987. Both plants were shut down years ago.

Why Did Tire Plants Have Asbestos in Them?

Steam produced heat, which was necessary in the manufacturing process. Thanks to pipes, high-pressure steam moved through the plants and powered machinery. To protect the pipes, machinery, and employees, miles of these pipes were coated with tons of asbestos insulation material. Boilers heated water and created steam. This equipment was also insulated with asbestos.

How Were Workers Exposed to Asbestos in Tire Plants?

When these facilities were built, equipment creating, transporting, or using high-pressure steam was covered in asbestos insulation, which could be in several forms, depending on the temperatures. Installing the asbestos would be a very dusty job as asbestos-containing cement were mixed, and insulation was cut. Asbestos-containing gaskets could also be used in equipment, which could involve cutting asbestos-containing materials.

Over time, as plants changed or grew and more equipment was installed, more asbestos was used. If something needed to be repaired or renovated, old asbestos had to be removed, and new materials replaced them. These processes add more dust.

Over time, asbestos-containing products aged and deteriorated. Asbestos fibers fell off them and floated through the plants’ airspace. Workers disturbed fibers on surfaces and floors and sent them back into the air.

Who Was Exposed at Kentucky Tire Plants?

Those exposed to asbestos were outside contractors working on the equipment in the plants and company employees. They could be the following:

  • Maintenance workers maintaining equipment
  • Janitors cleaning the plants
  • Production workers operating machinery
  • Warehouse workers, management, and administrative staff who passed through production areas as part of their jobs

These people could have asbestos fibers on their clothes by the end of the day. When they came home, the fibers would come loose and float through the air in workers’ homes. Everyone living there could be exposed and potentially sickened by asbestos.

Call Satterley & Kelley, PLLC, Today For A Free Consultation

We are your boots on the ground if you or someone you love suffers from an asbestos-related illness due to exposure at a Kentucky tire plant. Call us today at 855-385-9532. You may also complete our online contact form for a free initial consultation.

Radiation for Mesothelioma: 101

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Radiation therapy is one of the most common treatments for many types of cancers—including mesothelioma. Still, despite how commonly it is used, many people don’t actually know what radiation therapy is, or how it is used—including in mesothelioma care. In this article, we’ll break down the basics about radiation therapy for mesothelioma patients, de-mystifying this vital treatment that can help improve prognosis and quality of life.

What is radiation therapy?

“Radiation therapy” or “radiotherapy” refers to the use of highly concentrated rays of energy (“ionizing radiation”) to kill or damage the DNA of cancer cells. Specifically, radiation damages or removes the internal instructions inside the cancer cells that tell them how to multiply, grow, and infect other parts of the body.

Radiation is often directed at specific parts of the body, generally where tumors or cancerous tissue is located. Imaging tests can help locate the cancer’s exact location in the body, so that doctors can direct radiation to that location.

There are two types of ionizing radiation frequently used to treat cancer:

  • Photon Beam Radiation is essentially an X-ray at a much higher dose, and has been the form of radiation most commonly used to treat mesothelioma. When a patient receives photon beam radiation, the beam can release energy at any point on its journey in, through, and out of the body—whether that energy gets released where the beam enters the body, or at any point during its travel through the body, or when it exits the body. While this helps with the effectiveness in shrinking tumors and killing cancer cells in different places, it also sometimes causes more collateral tissue damage.
  • Particle Radiation is a different type of radiation sometimes used to treat mesothelioma, which uses either protons or electrons to deliver damaging or lethal energy to cancer cells. Unlike photon beams, particle radiation (sometimes called “proton radiation”) only releases energy within a specific, measurable distance of the beam’s source. This sometimes allows particle radiation to be more accurately targeted at cancer cells at the end of a path, which can reduce damage to surrounding organs or healthy tissue and increase the treatment’s effectiveness in hitting the targeted cancer cells.

As noted above, while radiation kills or damages the DNA of cancer cells, it doesn’t harm cancer cells exclusively. Rather, radiation can kill or damage other types of healthy cells as well, which may cause collateral damage to health tissue and organs. Since radiation targets fast-growing cells like cancer, the first healthy cells to be affected are also fast-growing, like skin and bone marrow cells. Slower-growing cells, like those in the nerves or brain, may eventually be affected, but it takes a longer time for that to occur. Importantly, damaged cells can continue to die for an extended period—sometimes weeks or even months—after radiation treatment. This is where radiation side effects come from.

This is particularly pertinent for mesothelioma patients: since mesothelioma doesn’t generally present as single, distinct tumors, it can be hard to treat with radiation without damaging lots of healthy tissue.  One way to avoid this is with newer technology that can help direct the radiation more precisely, and can sometimes better collateral damage than older radiation tech.

Still, deeper or more widespread penetration common in older forms of radiation is sometimes necessary for mesothelioma patients, depending on their condition and therapeutic goals. Your doctor will consider these factors when considering what type of radiation therapy is best for you.

How is radiation used to treat mesothelioma?

Radiation therapy is considered one of the standard first-line treatments for mesothelioma. It can be used to treat mesothelioma and its symptoms in several different ways.

Radiation is often used for active, therapeutic treatment of mesothelioma—or, with the goal of eradicating mesothelioma cells to improve prognosis. This includes:

  • Before surgery, to shrink mesothelioma tumors so they are easier to remove (called “neoadjuvant” or “preoperative” radiotherapy)
  • During surgery, to prevent mesothelioma cells from spreading to new areas of the body (called “intraoperative radiation therapy”, or IORT).
  • After surgery, to sterilize and kill off remaining mesothelioma cells that may be left behind (called “adjuvant radiotherapy”)
  • Outside of a surgical context, to shrink and kill off mesothelioma cells and prevent metastasis—often when surgery is not an option.

Radiation is also often used in palliative care for mesothelioma—or, with the goal of reducing the symptoms of the disease and improving quality of life for patients with stage 3-4 mesothelioma. These include:

  • Shrinking tumors to ease mesothelioma symptoms, such as pain and trouble breathing, swallowing, or eating.
  • Preventing or delaying further tumor growth and the accompanying symptoms.

It is not generally effective to use radiation as a standalone treatment for mesothelioma. Instead, in both therapeutic treatment and palliative care, radiation is generally used as part of multimodal treatment for mesothelioma. This means that it is used alongside other therapies or treatments in order to more effectively achieve the desired outcomes, whether that is a better prognosis, extended lifespan, abatement of symptoms, improved quality of life, or all of the above. It is typically used with therapies like chemotherapy, surgery, medication, or other treatments to help achieve patient goals.

What type of radiation is most commonly used to treat mesothelioma?

As noted above, there are a number of different types of radiation therapy, and doctors select the best type for each patient. The following types of radiation are most commonly used for mesothelioma patients:

  • External Beam Radiation Therapy (EBRT): Currently the most common form of radiation used to treat mesothelioma. It uses advanced computer guidance to target tumors.
  • 3–D Conformal Radiation Therapy (3DCRT): A form of EBRT that uses imaging like CTs, MRIs, or PET scans to plan the course of radiation, following the exact shape of the tumor(s). This allows doctors to deliver higher, more accurate doses of radiation without the associated risk to healthy tissue.
  • Intensity-Modulated Radiation Therapy (IMRT): A form of EBRT that allows technicians to deliver radiation at varying strengths, shapes, and patterns and from several different directions at once, to more successfully target tumors while avoiding healthy tissue damage.
  • Stereotactic Body Radiation Therapy (SBRT): An advanced form of IMRT that concentrates treatment into a smaller number of sessions with higher doses of radiation. It requires more precision, planning, and expertise, but may be more economic, more effective at killing mesothelioma cells, and better at preventing healthy tissue damage than other forms of IMRT for some patients.
  • Intraoperative Radiation Therapy (IORT): Radiation administered during surgery to prevent the spread of mesothelioma cells to other parts of the body, and to kill lingering mesothelioma cells. It is generally recommended for earlier stage mesothelioma patients, but can be very effective.

Are all mesothelioma patients eligible for radiation?

Unfortunately, radiation is not effective for all mesothelioma patients. It has only proven to be beneficial in pleural mesothelioma patients, and is generally not effective against peritoneal mesothelioma, or any other form of mesothelioma.

What are the benefits of radiation for mesothelioma patients?

Radiation therapy can have many benefits for mesothelioma patients, especially when used as part of multimodal therapy. These may include:

  • Improving prognosis and extending lifespan
  • Shrinking or stopping the growth of tumors
  • Reducing symptoms and improving quality of life
  • Preventing the need for physically, mentally, and financially taxing surgeries
  • Preventing or delaying cancer recurrence
  • Stimulating the immune system, potentially helping it to recognize and fight cancer.
  • Improving surgery, chemotherapy, and other treatment outcomes

Are you looking for more information about mesothelioma and how to advocate for your rights? Call (855) 385-9532 to learn more.

Kratom Dangers and Side Effects

Kratom May Kill You Or Cause Serious Side Effects

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You may see Kratom at your local convenience store or gas station, but just because something is for sale doesn’t mean you should buy it. This plant extract is marketed as a supplement to give you more energy and relieve pain. What you don’t learn in the advertising is how addictive it can be or how it could kill you.

If you are harmed by Kratom or a family member killed because of its use, you may have a right to compensation for what you’ve been through. Those who sell dangerous products to the public can be held accountable for their actions through the court system.

What is Kratom?

Kratom (or Mitragyna speciosa) is a tree related to coffee trees, according to the Cleveland Clinic, native to Africa and Southeast Asia.

It’s often sold as a supplement in vitamin stores, being marketed to boost energy, improve moods, and relieve pain. According to the Mayo Clinic Kratom products are even marketed to help people going through opioid withdrawals.

But despite the marketing of this herbal extract, kratom has serious side effects that can be fatal.

How is Kratom Used?

Traditionally, people have used it in several ways, including:

  • Chewing its leaves or making tea from it
  • It’s supposed to improve productivity and fight tiredness
  • For medicinal purposes, including as a substitute for opium
  • During religious ceremonies

Low doses may make you feel alert. High doses may cause the following:

  • Pleasure
  • Sedation
  • Decreased pain

Kratom produces these effects because two chemical compounds in it interact with parts of your brain that interact with opioids, like morphine and heroin. People might think kratom is “natural,” and because it’s legal to buy in most states, including Kentucky, it must be safe. That’s not the case.

You may find kratom powders, pills, capsules, or drinks. Kratom bars have started opening, offering kratom drinks instead of cocktails. Kentucky law prohibits kratom sales to those younger than 21 and requires products to be labeled with information about safe and effective use.

Is Kratom Dangerous?

Yes, Kratom and Kratom-products are considered dangerous. Kratom’s potential for severe and sometimes deadly side effects outweigh its potential benefits, according to the Cleveland Clinic.

A Tampa Bay Times investigation found that more than 580 kratom users in Florida died from overdoses in the past decade. Most were caused by a mix of kratom and at least one other substance. Forty-six overdosed just on kratom.

Another study from the federal Centers for Disease Control and Prevention (CDC) found kratom caused at least 91 deaths over a 17-month period in 32 states and the District of Columbia, according to CNN.

Researchers reviewed reports of more than 27,000 accidental drug overdoses and found that 152 had kratom and other substances in their systems. The CDC estimates that kratom caused the death of 91.

Common Kratom Side Effects

There are several known and common side effects associated with Kratom. Some are milder while others are severe.

Kratom’s most common side effects include:

  • Aggression
  • Altered mental status
  • Anxiety and irritability
  • Constipation
  • Delusions and hallucinations
  • Drowsiness and sedation
  • Dry mouth
  • Frequent urination
  • Itchy skin
  • Nausea and vomiting
  • Numb tongue

More severe side effects include the following:

  • Cardiac problems, including heart attacks, abnormal heart rhythms, and elevated blood pressure
  • Difficulty breathing
  • Encephalopathy (brain disease)
  • Hallucinations
  • Hypothyroidism (underactive thyroid)
  • Insomnia or lack of sleep
  • Liver damage and failure
  • Rhabdomyolysis, or the degradation of muscles which releases a protein into the blood that damages the kidneys
  • Seizures

Long-term kratom users may experience tremors and psychosis. They may be chronic users because they’re addicted to it. Stopping its use can cause the following symptoms:

  • Muscle spasms and rigidity
  • Pain
  • Rhabdomyolysis
  • Seizures
  • Tremors

Is Kratom Illegal?

The legal status of Kratom is complicated. At the federal level, Kratom is not classified as an illegal controlled substance, which is why you may see it sold at gas stations, smoke shops, or online.

However, just because it’s not illegal, it doesn’t make Kratom safe. Some states have banned Kratom sales entirely, while others regulate its sale by requiring warning labels or setting edge restrictions.

According to the US Food and Drug Administration (FDA), Kratom can’t be legally marketed in the US as a drug, dietary substance, or food additive.

The FDA also says that Kratom’s active compounds (mitragynine and 7-hydroxymitragynine) have the same effect on the brain as opioids. This gives them the potential for creating additions, overdoses, and deaths.

On July 29, 2025, the FDA announced that it’s recommending 7-hydroxymitragynine (7-OH) to be classified as a Schedule I controlled substance. This would not make Kratom or Kratom leaf products illegal, but it’s taking steps to target 7-OH, which is a concentrated byproduct from the Kratom leaf.

Who is Responsible for Kratom Injuries and Deaths

Under product liability law, anyone involved in making, distributing, or selling an unreasonably dangerous product can be sued to seek compensation for the harm suffered. Depending on the party’s actions and intent, punitive damages may be awarded to punish them and discourage others from taking the same actions again.

The Tampa Bay Times found that those making money from kratom are not honest and upfront about its dangers and selling it in a way that makes injuries and deaths practically inevitable:

  • At least 20% of those who overdosed only on kratom used products that were more concentrated than the traditional, fresh-leaf form.
  • 90% of those who died had another substance in their system that could be dangerous when mixed with kratom. They include common depression and anxiety medications
  • Kratom sellers and their lobbyists claim the product can safely treat opioid addiction, but those with a documented drug use history accounted for most of Florida’s kratom-only overdoses

Courts can hold those making money from Kratom accountable for their actions and the harm they cause and take away at least some of the profits they’ve made. That can happen after injured parties and family members of those who died of kratom file lawsuits.

Schedule A Free Consultation — Contact Us Today

If you have an injury or lost a family member as a result of kratom use or another dangerous or defective product, you may have a valid compensation claim.

Call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.

Multi-Million Verdicts for Plaintiffs in Talcum Powder Lawsuits

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An Oregon jury in state court returned a $260 million verdict in June in the latest trial of Johnson & Johnson’s talc-based and asbestos-contaminated baby powder and whether it caused plaintiffs’ cancers.

Women Used Baby Powder and Developed Mesothelioma

The Multnomah County jury, reports the Courtroom View Network, awarded $200 million in punitive damages and $60 million in compensatory damages to plaintiff Kyung Lee, 48, and her husband. They claim she developed mesothelioma from inhaling asbestos in Johnson & Johnson’s Baby Powder.

An Illinois court ordered Johnson & Johnson and Kenvue, a company they spun off, to pay $45 million to a family that claimed talcum powder caused another woman’s fatal case of mesothelioma.

Theresa Garcia died in July 2020, according to Forbes, after she was diagnosed with the asbestos-caused cancer. Her family claims Garcia frequently used the companies’ talcum-based baby powder. Their attorneys showed evidence that the powder was contaminated with asbestos, and her daily use of the powder resulted in her inhaling at least some of it.

Kenvue was Johnson & Johnson’s consumer healthcare division until it became an independent company in August 2023. The jury decided that it was 70% responsible for Garcia’s death, and Johnson & Johnson was 30% to blame. Johnson & Johnson announced they would appeal the decision against them.

Johnson & Johnson also won a similar Florida lawsuit in April after the jury decided the company’s baby powder didn’t cause the plaintiff’s ovarian cancer, which resulted in her death. As of December, the company faced about 50,000 lawsuits claiming baby powder contaminated with asbestos caused plaintiffs’ cancers and deaths.

50,000 Lawsuits and a Failed $8.9 Billion Settlement Offer

In April 2023, the company proposed that current and future cases be resolved through an $8.9 billion trust fund created through bankruptcy proceedings. The bankruptcy court refused that offer, ruling Johnson & Johnson didn’t qualify for bankruptcy protection. The company came up with $700 million to settle a lawsuit by 42 states’ attorneys’ general claiming the company’s baby powder advertising and marketing was deceptive.

Call Us Today For A Free Consultation

If you have mesothelioma or another asbestos-related cancer after using Johnson & Johnson baby powder, you may be entitled to compensation. Call our Louisville office toll-free at 855-385-9532 to discuss your situation and how Satterley & Kelley, PLLC can help. You may also complete our contact form for a free initial consultation.

Police Accident Reports Set the Tone for Your Car Accident Case

Accident Victims, Emotional Trauma, and Getting Back to Healthy

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An accident may not just be brutal on your body but on your mind and emotions, too. If you’re not the one in the accident, it’s easy to focus on the physical injuries suffered by a friend or loved one. But if you’re the one involved, what may have happened to your bones or organs is just one part of the picture. You’re recovering from the emotional shock of a severe accident, too.

Trauma is anything profoundly distressing or disturbing and can be a fall down stairs, a commercial truck striking your car, or a hit-and-run accident on a local road. Not just the accident, physical shock, and injuries can be disturbing, but the ambulance ride, time in the emergency department, and surgery can be emotionally distressing as well.

Insurance claims and lawsuit recoveries aren’t limited to physical harm, pain, and discomfort. A plaintiff can also be compensated for the emotional and psychological impact the accident and injuries cause.

Emotional and Psychological Reactions to Physical Trauma

Emotional distress is a normal response to a severe accident. It can include:

  • Shock: This is a natural response to a sudden, unexpected, traumatic event, which may leave you feeling numb or detached for hours or days
  • Fear: You may fear another accident for your physical safety or the unknown. You may fear financial problems if you can’t get back to work while facing unexpected medical bills
  • Anger: You may be angry at the party causing the accident or yourself. You may second-guess yourself about not driving a different route or spending a couple more seconds looking at the stairs before you tripped
  • Guilt: If others were injured or killed, you may feel guilt for surviving or being in better shape than someone else. You may also feel guilt if you think you’re partially responsible for what happened
  • Sadness or depression: As the accident and its possible consequences sink in, you may feel overwhelmed by sadness

These feelings don’t mean you’re weak or there’s something wrong with you. But if they’re an obstacle to you having a normal, functioning life, you should get help. More serious issues include the following:

  • Post-traumatic stress disorder (PTSD): This can be a severe mental health condition that may develop after witnessing or experiencing a traumatic event. Symptoms may include flashbacks, insomnia, nightmares, and severe anxiety.
  • Anxiety: This can be general worry, panic attacks, or specific phobias related to the accident (you can’t get in a car or drive on a street where the accident happened)
  • Depression: Some survivors may suffer depression, a seemingly endless sadness or dread

You’re a unique individual, so how you respond will be based on your personality, coping skills, and the accident’s severity.

Getting Back to a Healthy, Productive Life

Recovery may take some time, so the longer you ignore your emotional challenges, the longer it will take. Here are some steps you can take to recover:

  • Get professional help: Getting professional help isn’t a sign of weakness or that you’re going insane. It just means, just as in other challenges you face, you need some help. You hired an attorney for your legal claims, you went to a dentist to clean your teeth, and you didn’t pave your driveway by yourself. The person can be a social worker, therapist, counselor, psychologist, or psychiatrist (or a combination). We can give you suggestions about who you could see, and the social workers at the hospital where you were treated may give you some names, too
  • Connect with others: Isolating yourself won’t help. Contact family, friends, or support groups to share your experiences and feelings. You’ll learn you’re not alone, and feel understood and a sense of camaraderie. Your contributions may help others, and knowing that will make you feel empowered and more positive about yourself
  • This takes time: Give yourself time to process your emotions and understand what happened. You can’t force this to happen or give yourself a timetable. Emotional recovery isn’t an instant event. You may take many steps forward, and suffer a setback, but get back on your way
  • Be active: Exercise and physical activity, as limited as it may be by your injury, can help improve your mood, anxiety, and depression. It will help you feel normal, which is something you may miss
  • Maintain the basics: Your mental recovery will benefit from a healthy body. Eat nutritious meals and snacks, get enough sleep, and manage your physical injuries. Don’t abuse alcohol or pain medications or overeat.

Emotional and psychological recovery from a serious accident is a journey. It will take time, effort, and maybe some help. But it’s a journey you can finish, and being a part of our client’s medical, emotional, and financial recovery is a big reason why we come to work every morning.

Speak To A Satterley & Kelley, PLLC Accident Injury Lawyer Today

If you’re the victim of an accident caused by a negligent party, Satterley & Kelley, PLLC attorneys can protect your interests and rights to compensation for your physical and emotional injuries. Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.

How Important is Witness Testimony in a Personal Injury Case?

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If facts are disputed, fact and expert witnesses may make or break your case. If the parties agree on a case’s basic facts but do not agree on a case’s settlement value, witnesses may not be so critical.

What is the Role of Witnesses in a Personal Injury Claim or Lawsuit?

Witnesses can testify about relevant facts in a case. They must have first-hand knowledge of the facts but can also be asked about statements a party made concerning the case. Witnesses could:

  • Give a sworn affidavit, which is a statement made under oath
  • Testify at a deposition, which is part of the discovery process before a trial. Both parties’ attorneys can question witnesses under oath to obtain all the relevant facts about issues important to the case
  • Testify at a trial, under oath, while being questioned by attorneys for both parties in court. A judge may ask questions as well. Most cases settle, so this is the less likely scenario for witness testimony

The parties to a lawsuit can also give sworn  affidavits and testify during a deposition or trial.

These witnesses can be critical if the circumstances surrounding  an accident or how the plaintiff has been affected are disputed. The fewer connections they have to a plaintiff (they don’t know them and happen to be at the accident scene), the more credibility they have because they may be seen as having fewer reasons to be biased.

What Can Witnesses Testify About?

There are fact and expert witnesses:

  • Fact: These people saw or heard something relevant to your case and are sharing their experiences. It could involve how a person drove before an accident or your physical and mental health before and after the accident. A spouse may testify about how your injuries impacted your marriage. A treating physician can discuss your medical treatment and progress
  • Expert: These are witnesses who qualify as experts in their fields. They may be medical and mental health experts who can give opinions about your physical suffering, progress, future health, treatment, and rehabilitation you may need. A vocational expert could provide an opinion on your injuries’ impacts and how they limit your ability to work and earn money currently and in the future. An engineer may study and recreate the accident to testify about what happened, why, and who’s at fault

You, the plaintiff, and the defendant – – the party being sued – –  can also testify about the accident and how it happened. You can describe your physical, mental, and financial health prior to and after the accident.

How Important is How a Witness Testifies?

In addition to what’s said, how it’s said may also make or break your case. Some people handle being witnesses better than others. Some hate being the focus of attention. Others are calm and confident no matter who they talk to.

Each side has a story to tell. Your story will be the defendant caused the accident and your injuries. The defendant’s story may be it’s your fault, or the two of you share fault, and your injuries are exaggerated. Witnesses can be key characters in telling these stories.

Attorneys, judges, and jury members may find witnesses more or less credible. They may be nervous and change their stories. Their body language may signal  they’re not telling the truth. A witness may be so emotionally upset that they have difficulty keeping themselves together.

A defense attorney may be very aggressive (it’s our job to ensure they don’t harass or bully one of our witnesses) and try (maybe successfully) to break down the witness’ credibility. A witness must be prepared and able to adjust to this situation.

A strong case on paper may have a much lower settlement value if fact witnesses present problems and make a trial riskier.

It is also essential how an expert witness testifies. We retain people who are experts in their field and experienced communicators. Our experts write reports and testify as needed. They have experience testifying and have dealt with defense attorneys who may try to pick apart the facts they found and their opinions.

Speak To a Car Accident Attorney Today

Personal injury cases don’t just appear. Satterley & Kelley PLLC lawyers will do the necessary work to make yours as successful as possible, including identifying, choosing, preparing, and questioning your witnesses. We also ask tough questions of the defendant’s witnesses to put a positive light on your claims.

If you’re severely injured in a Kentucky accident, we are your boots on the ground. Call Satterley & Kelley PLLC to speak with a skilled personal injury attorney today. Call our Louisville office toll-free at 855-385-9532 or complete our contact form to get started.

Utility Workers Face Dangers on the Streets

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Summer is a tough time for utility line workers because of high heat, summer storms, and our increasing dependence on electricity. They don’t just have concerns about job duties. They want to stay alive. Utility line workers can be the victims of negligent drivers while driving to a work site, working there, and returning home.

Utility workers not only face the dangers of electrocution, falling from heights, and back and body strains but also the risk of severe injuries and deaths caused by other drivers.

As thunderstorms become more frequent and temperatures rise, local utility workers may need to drive across Kentucky or across the country to help customers keep the lights and air conditioning on. If their work requires them to be on the sides of roads, they may also be struck by a passing vehicle, especially if it’s dark or the weather is bad.

Driving To or From a Worksite

You may be involved in an accident if you work for a utility and drive one of their vehicles. That injury can be the basis for a workers’ compensation claim. You may also be able to file a personal injury case if someone other than the company or a co-worker played a role in the accident.

That other driver may be:

  • Speeding
  • Distracted
  • Fatigued or tired
  • Impaired or intoxicated by drugs or alcohol
  • Travelling too fast for the conditions

You need not show your employer or a co-worker was negligent if they caused a workplace injury to collect workers’ compensation benefits (just the injury is job-related), but that’s the usual case when the vehicle accident happens in public (unless there’s evidence the collision was intentional).

The negligence legal theory requires that you, the plaintiff, the one filing the lawsuit, use evidence to show the following factual and legal elements:

  • There was a relationship between the two of you because you shared a road, and the defendant (the responsible party being sued) owed you a duty or legal obligation to do or refrain from doing something in the situation
  • The defendant failed their obligation or breached that duty
  • That is the factual and legal (or proximate) causes of your crash and your injuries
  • Under Kentucky law, the defendant must pay you compensation or damages for your injuries, including past and future lost income, pain, suffering, and out-of-pocket expenses

Depending on the situation, some elements may be easier or more difficult to establish.

An Accident and Injuries at a Worksite

The worksite can be on the side of a local street, a busy intersection, or a regional road with high traffic and speeds. Accidents may involve motorcycles, cars, or other trucks. Reckless, distracted, or impaired driving, topped off with poor road conditions, congested traffic, and low or poor visibility, can result in a vehicle striking a utility worker standing by the road, in or on a truck. Legal claims would also involve allegations of negligence or intentional acts.

These injuries can result in chronic, lifelong disabilities or fatal injuries. Along with the physical toll, a worker and their family may need to endure the emotional trauma of having a productive life turned upside down. Injuries in these accident cases worsen as vehicle speeds increase and if a worker falls from a far height.

Drivers should comply with traffic rules, not be distracted, maintain their vehicles, and be aware of their surroundings, including work sites along the road. Utilities should also set up safe work areas and limit traffic to decrease the risk of accidents. But these things fail to happen far too many times, including:

  • In May, a Maryland man was charged with second-degree murder after he sped around a worksite in his Jeep, striking and killing a utility worker, and fled the scene
  • A New Hampshire man was charged with manslaughter in December after he drove his vehicle into a work zone, killing a police officer and a utility worker and injuring two other utility employees. He left the scene on foot and later threatened another officer with a knife

If you’re a utility worker injured by another vehicle, Satterley & Kelley, PLLC may help you receive the compensation you deserve.

Speak To a Personal Injury Attorney Today

If you or a family member are a utility worker injured or killed by another driver, Satterley & Kelley PLLC attorneys can help you take legal action. Schedule a free initial consultation where you can discuss the case by calling our Louisville office toll-free at 855-385-9532. You may also complete our contact form if it’s more convenient.

Tips to Help You Get to Your Destination Safely

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No one wants to get into an accident, and we want to help you prevent it from happening. For many years, we’ve helped the area’s car accident victims get their lives back together every day. We know the damage these accidents inflict, so take it from us: do your best to avoid being involved in one.

It’s not only common sense to prevent accidents and injuries, it’s a good idea legally. Under Kentucky’s comparative negligence law, the greater your share of the accident’s cause, the lower your compensation for your injuries. If, despite all your efforts to drive safely, you’re the victim of a negligent driver, your good driving habits should be rewarded with a larger recovery.

Here are some ideas on how you can drive safely and avoid getting into an accident.

Don’t Be a Jerk

    We’ve all seen them, and maybe we are one once in a while, but the best way to avoid an accident is not to cause one. Don’t speed, tailgate, ignore stop signs or red lights, illegally pass another vehicle, weave in and out of lanes, or drive while intoxicated. Slow down when it’s dark and driving conditions aren’t good. If you’re too tired or emotionally upset to drive safely, don’t drive.

    Another problem with being a jerk while driving is what can happen when you encounter another jerk behind the wheel – road rage. This can cause an accident with someone trying to get somewhere safely, minding their own business, who is in the way of your childish driving temper tantrum.

    Unless You’re Passing Someone, Avoid the Fast or Passing Lane

    If you’re on a state highway or interstate with at least two lanes on each side, stay out of the passing lane whenever possible. There’s a chance a jerk will drive much faster than you, approach you from behind, and the other lane may be occupied. They’ll either tailgate you or, if they’re intoxicated or asleep, rear-end you.

    If there are three or more lanes, the center allows you more “escape routes” if an accident happens on either side or in front of you. You will be better able to steer around the accident and avoid being involved with it.

    If you’re in the right lane, you’ll have to deal with vehicles getting on and off the highway. But if, for whatever reason, you’re traveling slower than the rest of the traffic, stay out of the way and keep to the right.

    Look Far Ahead

    You need to keep an eye on the vehicles immediately in front of you and to the side of you, but when possible, look ahead into the distance. You might see traffic lights changing color, a sudden traffic stoppage, or an obstacle in the roadway. You’ll have more time and distance to react to these circumstances safely.

    Beware of Blind Spots

    Side-swipe accidents are dangerous because they could lead to total vehicle control loss. If you’re going fast enough, you or the other vehicle could spin out of control or end up on its roof.  If you have a newer car, you may have a blind spot warning system. It should alert you to vehicles in your blind spot if you signal or steer into their lane.

    You should properly adjust your rearview mirrors to see as much as possible. If you don’t have a warning system, purchase small convex mirrors you can attach to your outer mirrors or replace the interior with a wide-angle rearview mirror. These don’t cost much and would be worth more than their weight in gold if they help you prevent an accident.

    Does the Vehicle Near You Look Like It’s Been in an Accident?

    If so, it may be more than bad luck. That driver may have made mistakes that caused all those dents, and they may make them again. Given the damage already done, they may not care if they cause another accident. If a vehicle is in terrible shape, something may fall off it, creating a crash risk. Stay away from these vehicles or safely and quickly pass them.

    Keep Your Vehicle Maintained

    Don’t own the car that others avoid. Stick to the manufacturer’s maintenance schedule and fix things as needed. Replace tires and brakes when they’re worn. Preventing accidents isn’t just about driving skills and avoiding mistakes. You must have a reasonably safe vehicle, or you might cause an accident.

    What are Your Vehicle’s Limits?

    How well does your car drive? Does it handle well enough for you to drive around another vehicle instead of hitting it? Can you quickly and safely pass another vehicle, or will it take a while, leaving you more exposed to a sideswipe? Is it heavy and difficult to stop? Does it have a high center of gravity, making it more likely to flip over? You must know your vehicle’s limitations and drive accordingly to drive it safely.

    Use Seat Belts

    They won’t prevent an accident, but they could save your life if you’re involved in one. Even with airbag restraints (which are designed with the assumption you’ll use seat belts), in an accident, you could be tossed around the vehicle’s interior. If you’re in a crash, not using seat belts, and ejected from your car by the accident’s force, you probably won’t survive.

    Speak To a Satterley & Kelley, PLLC Car Accident Attorney Today

    If someone else’s negligent driving causes your injury or kills a family member, Satterley & Kelley PLLC is here to help. We will be with you every step of the way, protecting your best interests and ensuring you get the compensation you deserve.

    To take advantage of a free initial consultation where you can discuss what happened and your legal rights, call our office in Louisville toll-free at 855-385-9532. You may also complete our contact form if it’s more convenient.