Pennsylvania Nursing Home Explosion Kills Two, Injures Many More

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A December nursing home explosion in Pennsylvania shows us the best and worst in people. Someone’s mistake, and possibly negligence, killed a nursing home employee and a resident two days before Christmas. Investigations into the explosion have just started, so we don’t know what or who caused the lethal blast, but buildings don’t blow themselves up.

Injuries and deaths caused by negligence in Kentucky nursing homes happen far more frequently than we would like to believe. Satterley & Kelley, PLLC, attorneys in Louisville, hold nursing homes accountable if their negligence causes harm. Learn more by calling us at 502-589-5600 (or toll-free at 855-385-9532). 

Rescuers Risk Death to Get Residents and Workers Out of the Building

At least two gas explosions in Bristol, a Philadelphia suburb, in the Bristol Health and Rehab Center, a nursing home, caused flames, flying debris, and demolished walls, but that didn’t stop the evacuation of dozens of employees and nursing home residents. A secondary explosion happened while rescuers were in the building. Before the blast, a utility crew was at the facility after a reported gas leak, reports the Associated Press (AP).

The part of the building with the cafeteria and kitchen was almost destroyed. The roof collapsed, wall sections were missing, and windows on adjoining walls were shattered.

The following day, everyone had been accounted for. Bristol Township’s police chief, Charles Winik, told reporters that he’d “never seen such heroism…They were running into a building that I could — from 50 feet away — could still smell gas, and walls that looked like they were going to fall down.”

The explosions trapped victims in stairwells, elevator shafts, and a collapsed basement, according to the New York Times. Some residents were carried out on rescuers’ shoulders. Some of the victims couldn’t talk or walk. Some needed wheelchairs to get around in the best of times.

The Saber Healthcare Group, which is affiliated with the nursing home, told the Times that Bristol Health “personnel promptly reported a gas smell” to the power company. The AP reports a certified nursing assistant told a local TV station that staff smelled gas the prior weekend. They didn’t think it was a serious problem because there was no heat in the room where the smell came from. Other employees told a speech therapist they smelled gas early the day of the explosion.

Gas Explosion Takes Sister, Mother, and Nurse from Community

The county coroner’s office identified 52-year-old Muthoni Nduthu as the deceased employee. At the time of the blast, the licensed practical nurse was finishing a shift before taking a trip to North Carolina to visit her relatives.

Nduthu’s sister, Rose Muema, told the Times she was very involved in her community, a great mother to her sons, a great wife, and a devout Catholic. She came to the US 21 years ago from Kenya, graduated from nursing school, worked in nursing homes, loved to cook, and worked hard.

Ms. Nduthu’s oldest son, Clinton Ndegwa, said his mother was excited for the trip to see family and planned to cook a Kenyan feast.

“We’re immigrant kids, first generation,” Mr. Ndegwa said. “She worked to try to provide for her family. She liked serving people. She took pride in that…She told us to go to school, get jobs…Life won’t be easy (she advised), but life will be much better.”

An unidentified female resident died at a Philadelphia hospital.

Nursing Home Has a Long, Troubled History of Failing to Maintain Safety

The Bristol Health and Rehab Center, according to the Times, formerly known as the Silver Lake Healthcare Center, has one out of five stars on the Medicare website’s nursing home ratings. That translates to “much below average” based on staffing measures and health inspections.

The facility was fined by the federal government twice in 2024, totaling $418,000.  The problems included the following:

  • Giving seizure medication to the wrong patient and not investigating the error
  • Failing to schedule appointments for patients
  • Not providing wound care to a patient after it was prescribed

A September 2024 health inspection resulted in 24 citations. This is more than double the Pennsylvania and national averages. Among the problems found by inspectors are the following:

  • Nurses failed to put a plan in place to address a resident’s drug abuse despite them having multiple overdoses and hospitalizations
  • The nursing home failed to give appropriate treatment to a resident with dementia
  • It gave the wrong medications to residents
  • It failed to consider residents’ food allergies
  • There were broken handrails in the hallways

About 200 complaints concerning the nursing home in the last three years resulted in citations, according to the Medicare website. In response to complaints, inspectors found:

  • A resident’s physician and family members were not contacted after a resident suffered a bruise
  • Staff didn’t react to a resident’s weight loss

It’s not known if the nursing home’s management played a role in the explosion, which is under investigation. But it’s clear from the record that they had other problems keeping their residents safe.

Speak To a Nursing Home Injury Attorney Today

Satterley & Kelley, PLLC attorneys will fight for your loved one to obtain respectful care, compensation for injuries, and accountability for those responsible for the injuries. To schedule a free initial consultation with an experienced lawyer, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.

Why a Utility May Be Responsible for a House Explosion

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Although a natural gas leak isn’t the only possible reason a home may explode, structures don’t explode by themselves. Natural gas buildup in or near a house is a common cause of these accidents. Depending on the facts of the case, the local gas utility may be liable.

Satterley & Kelley, PLLC, attorneys represent those injured in home explosions and the family members of those killed in these accidents. If you have questions about your rights and potential compensation following a house explosion, call us at 502-589-5600 (toll-free at 855-385-9532).

How Can a Natural Gas Leak Cause a House Explosion?

Natural gas explosions rarely result from a single error. Instead, they typically result from multiple failures, overlooked warnings, or inadequate maintenance.

Gas distribution systems should operate at carefully regulated pressures. If that doesn’t happen, over-pressurization can rupture service lines or household piping, causing a rapid release of gas into a home. Failures at regulator stations can affect multiple homes, increasing the risk of explosions.

Another danger is a contractor excavating near an underground gas line and damaging it. The contractor should contact the utility to determine the location of the gas line. The contractor may fail to do so, or the utility may provide incorrect information.

A damaged gas line may leak gas underground for hours or days before it gets into a nearby home through:

  • Foundation cracks
  • Sewer or drain lines
  • Utility conduits
  • Basements or crawl spaces

Many utility companies operate aging gas infrastructure, including cast-iron or steel pipes that may corrode, crack, or fail at pipe joints, resulting in a gas leak. There could also be gas leaks inside the home from pipes, gas-fueled appliances, or the heating system.

If gas accumulates inside an enclosed space, an ignition source (a furnace, water heater, light switch, or static electricity) can trigger an explosion that could level a house.

What Should Happen if a Gas Leak is Reported?

The chemical, mercaptan. is added to natural gas (which has no odor) to provide a rotten egg/sulfur odor so you’ll know there’s a leak. If a homeowner smells it and notifies the local utility, it’s expected to respond promptly and thoroughly. Explosions may happen if a utility:

  • Fails to respond in a timely way, so there’s more gas in the home, making an explosion more likely and more dangerous
  • Their inspection is incomplete
  • Misclassifies the leak as “non-hazardous”
  • Allows a known leak to continue

An inadequate leak-detection survey or outdated equipment can allow dangerous conditions to continue, laying the groundwork for an explosion.

How Might a Utility Claim They’re Not Responsible?

A utility’s legal defenses, like the claims against them, should be based on the facts of the situation. After a house explosion, there may be multiple investigations into the cause, including by insurance companies covering the parties involved.

A wise utility will wait until the outcome of an investigation that clears it before denying responsibility. These investigations may identify multiple, and possibly conflicting, reasons why a house exploded.

A utility may claim that it exercised reasonable care by complying with industry standards and applicable laws and regulations. It may state that it:

  • Properly installed and maintained their system
  • Conducted routine inspections
  • Appropriately responded to complaints

Utilities frequently rely on compliance with federal pipeline safety and state utility regulations to argue they met their legal obligations; however, regulatory compliance, even if established, is not necessarily a complete defense. At issue is whether the utility, through its employees, was negligent and caused the explosion, regardless of whether applicable rules or laws were followed.

  • A utility may shift blame to others, including:
     • interior house piping beyond its control;
     • defective gas appliances; or
     • errors by homeowners or contractors.

A utility may investigate an explosion to identify alternative causes, potentially shifting blame to other parties the plaintiff may need to join in the litigation.

Utilities may argue the homeowner shares the blame because they:

  • Ignored gas odors and allowed the leak to continue
  • Failed to maintain gas appliances
  • Performed work in the home that damaged the gas line
  • Failed to evacuate or report the leak

Kentucky is a pure comparative fault state. If a utility successfully makes this argument to a jury, the case against them may be dismissed, or the plaintiff’s recovery may be reduced by their share of the explosion’s cause.

Why Should I Retain Satterley & Kelley, PLLC if My Home Exploded Because of Another Party’s Negligence?

Natural gas explosions lead to complex, high-stakes, and expert-driven legal claims. Proving liability can require engineering experts and aggressive discovery to uncover the following:

  • Facts
  • Data
  • Internal communications
  • Documents
  • Physical evidence

They can help establish the following:

  • The explosion’s cause
  • What the utility knew about related problems
  • When it learned about these problems
  • What it did and failed to do in response

Satterley & Kelley, PLLC lawyers can:

  • Preserve evidence after the explosion
  • Retain qualified experts
  • Challenge utility defenses and blame-shifting
  • Pursue full compensation for your property loss, displacement, and injuries

These cases are far too complex for a homeowner to handle themselves if they want to discover the truth of what happened and obtain fair compensation for their losses.

Get The Legal Help You Need After a House Explosion

If you’re injured in a gas explosion or a family member was killed in one, you may be entitled to compensation. To talk to an experienced attorney about your situation, contact our Louisville law offices online or call us at 502-589-5600 (toll-free at 855-385-9532). We can discuss what happened, how Kentucky law may apply, and how we can help you and your family.

How Do I Collect Compensation From a Trust Fund

Be Reasonable and Limit Your Harm or Risk Less Compensation

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If you’re injured in an accident caused by another’s negligence, you may have a right to obtain compensation for your losses. This comes with responsibilities along with legal rights. You must take reasonable steps to minimize your damages, or mitigate them, or you risk getting a far lower settlement or jury verdict.

Satterley & Kelley, PLLC represents Kentucky people injured by others’ negligence. If you’re severely injured in an accident, you may receive compensation. Contact us if you have questions or want to learn more about how we can help. Call us today at (855) 385-9532.

What Are Damages?

There are two parts to an insurance claim or personal injury lawsuit. The injured claimant or plaintiff must show that the insured party or defendant did something, or failed to do something, that was negligent to cause the accident and injury. As a result, they are liable, or they have an obligation to compensate you for your losses.

You must also prove that you were harmed or suffered losses as a result. Damages put a dollar value on the harm caused by an accident. They compensate you for a wide range of negative things that happened in your life due to the other party causing the accident. Damages cover past losses and what may be reasonably expected in the future. Damages include the following:

  • Economic, or special, damages compensate you for measurable financial losses. They should be calculated using bills, receipts, pay stubs, and other documentation. Economic damages include medical expenses, lost wages, lost benefits, lost earning capacity (if you’re chronically disabled and it impacts your ability to work), property damage, and out-of-pocket expenses
  • Non-economic, or general, damages cover real but intangible harm that is more difficult to measure. They include pain, suffering, emotional distress, anxiety, depression, and the negative impacts on relationships, as well as disfigurement and scarring

Without damages and the evidence to establish them, you have no insurance claim or basis to sue the other party.

What is Mitigation of Damages?

Mitigation of damages is a fundamental legal doctrine requiring you to take reasonable action to reduce or prevent additional harm following an accident. You cannot allow your injuries or losses to worsen when reasonable steps could be taken to prevent that from happening.

The other party may be responsible for the harm caused by the accident, but not for additional harm that you could have reasonably prevented by taking appropriate action.

The reason for this approach is that the law expects injured parties to act reasonably and responsibly in managing their injuries and losses. The law won’t reward people who treat an accident injury as an excuse for an extended vacation or to “milk” the situation for as much money as possible.

Why Does Mitigation of Damages Matter?

Failure to mitigate your damages may significantly reduce your compensation. The insurance company and its attorneys will scrutinize your actions (and failures to act) following an accident, to determine if there’s evidence that you failed to mitigate your damages.

If they can show that you neglected to take reasonable steps to minimize your harm, or did something to make them worse, they may argue that you should not recover compensation for the additional injuries or losses due to your actions or inaction.

If you delay medical treatment after your accident and your condition worsens, the insurance company may claim that the worsening was your fault, and they shouldn’t compensate you for it. If a doctor recommends that you have physical therapy, but you refuse or can’t bother to attend, the insurance company could argue that your recovery is taking longer because you fail to follow reasonable medical advice, rather than due to your accident.

A court may cut your damage award by the amount that your losses were unnecessarily increased because you failed to take reasonable steps to mitigate your losses.

How Do I Mitigate My Damages?

This varies based on your circumstances, as not all accident victims suffer the same damages. You must act reasonably, but not heroically, and endure unreasonable hardship. Here are some issues to consider:

  • Obtain prompt medical care. See a healthcare provider as soon as possible after your accident. Some severe injuries don’t have obvious symptoms, and delayed treatment can cause complications that worsen your condition. Gaps in medical treatment create opportunities for insurance companies to argue that your injuries were not serious or that they resulted from something other than your accident
  • After you start receiving medical care, comply with your healthcare provider’s reasonable recommendations. Attend scheduled appointments, take prescribed medications, complete physical therapy sessions, and follow activity restrictions. Tell us if financial constraints or transportation issues prevent you from following these recommendations. There may be available solutions, and if documented, these problems shouldn’t be viewed as unreasonable medical non-compliance
  • Consistent medical care is evidence of the seriousness of your injuries and your effort to recover. Missing appointments without valid reasons can be used against you.  The insurance company may claim your injuries are not as serious as you claim, or you’re not interested in recovery
  • You must act reasonably. If you believe your physician’s recommendation is unreasonable, ask questions about alternatives and discuss them with your physician. If your concerns or fears are not resolved, contact us so we can talk about your situation. What you’re being told may or may not be consistent with how other clients dealing with the same injuries have been treated. We may suggest another well-qualified physician so you can get a second opinion and learn about possible options
  • Document your medical treatments, expenses, lost work time, and how your injuries impact your daily life. This is evidence to support your damages claim and demonstrates your efforts to treat your injuries and mitigate your losses. Keep a journal describing your pain levels, limitations, and recovery progress
  • If you’re cleared to return to work, even if you have restrictions, you generally have a duty to do so. Staying out of work when you are medically cleared to do so can be viewed as a failure to mitigate your lost wages. You shouldn’t come back to work against medical advice or before you are truly capable either, because if this worsens your injuries, your failure to act reasonably by staying home could also be seen as a failure to mitigate your damages. If you genuinely feel it’s unsafe to return to work, but your physician says you should, contact us so we can talk about how to approach this situation

Whether it’s talking to us, your physician, or your employer, you must consider your situation before speaking and be honest. Exaggerating your symptoms or being dishonest creates credibility issues that can undermine your claim. If you’re overly optimistic and not truthfully discussing your pain and limitations, your damages claim can also be reduced because your statements make it sound like you’re healthier than you actually are.

Ensuring that our clients mitigate their damages is an important step we take to educate them about their obligations and help them obtain the maximum possible compensation.

Speak to a Satterley & Kelley, PLLC Accident Injury Lawyer Today

If you’re the victim of an accident caused by another’s negligence, or a family member was killed in one, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Mesothelioma and Cancer Treatment Centers

Powerful Tool to Ensure Medical Device Safety is Rarely Used

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As the US population ages, more medical devices like artificial hips and knees are being surgically implanted. If defective, patients can suffer a lot of harm as a result, including chronic pain, physical limitations, and additional surgery. The federal government can recall dangerous medical devices, but it rarely does so. That may mean more people needlessly suffering injuries and harm from medical devices that never should’ve been sold.

You may have a valid compensation claim if you suffered an injury due to a dangerous or defective medical device. Call Satterley & Kelley, PLLC at 855-385-9532 or contact us online to learn more.

Overworked and Understaffed Safety Agency Not Up to the Job

The federal Food and Drug Administration (FDA) regulates medical devices and can remove defective devices from the market if the risk of serious harm is great enough. But the agency is so poorly staffed that it may be unable to ensure companies take critical steps to protect patients, according to a report by the federal Government Accountability Office (GAO) released in December.

ProPublica reports that GAO was asked nearly two years ago by US Senate members to investigate FDA’s ability to recall medical devices after an investigation into the 2021 recall of breathing machines that endangered the health of millions of Americans.

Senators wanted to know why the FDA didn’t do more to protect users of Philips Respironics devices after receiving reports that the devices used a hazardous industrial foam that could break down and be inhaled. Philips’ tests showed foam in the machines released dangerous chemical compounds.

Philips received thousands of complaints before it recalled the device and didn’t notify the FDA. Customers who used the continuous positive airway pressure (CPAP) machines and other devices reported that they suffered cancer, respiratory illnesses, kidney, and liver conditions.

One of the Senators involved, Richard Durbin, stated the GAO report detailed that the problem was the result of “drastic staffing cuts” and that “weakened enforcement authority has made it even more difficult for FDA to carry out critical oversight activities.”

The GAO found that the FDA rarely requires manufacturers to recall defective devices from the market, though it has the legal authority to do so. It’s recalled medical devices four times, most recently in 1992. There’ve been about 900 voluntary recalls by manufacturers in each of the past five years.

If companies start the process, FDA staff can’t ensure the following:

  • Recalls aren’t delayed
  • Whether mistakes are made when defective devices are taken off the market
  • Whether companies miscommunicate with consumers

The FDA regulates more than 190,000 medical devices, an increase of about 15,000 since 2016. ProPublica and the Pittsburgh Post-Gazette found patients who hadn’t learned about the 2021 recall of their possibly toxic CPAP machines for months or years afterward.

Since 2021, the FDA has received more than 500 reports of deaths connected to the devices, according to the FDA’s most recent update. A cardiologist quoted by ProPublica stated the FDA’s recall notification system is “primitive by today’s standards” and that improvements have been urgently needed for years. She cited the agency’s reliance on fax machines because it lacks a comprehensive, modern recall system.

FDA employees told the GAO they often can’t complete basic tasks, such as reading reports from companies written while they recall their products. These reports state the following:

  • How many people are notified
  • The number of products repaired
  • The estimated time to finish the recall

The FDA’s staff has been reduced since the GAO investigation, so the problem may be worse.

The Department of Health and Human Services, the FDA’s parent agency, in response to the GAO report, stated that it would determine whether it needs additional staff and additional statutory authority to improve recall management.

Company Denies Dangers, Then Settles Lawsuits for More Than $1 Billion

Philips claimed the original foam in the devices caused no “appreciable” harm to users. The company later entered into an agreement with the Justice Department over the issue, promising it would hire an independent safety monitor and regularly inspect its facilities.

Philips also agreed to pay more than $1 billion to settle thousands of lawsuits by those claiming the devices injured them. Not surprisingly, Philips didn’t admit fault or liability in the terms of the agreement.

Injured Patients May Receive Compensation for the Harm They Suffer

There are various government agencies charged with making our lives safer, including the FDA. The reality is they’re not up for the job. They lack the resources, and politicians who create and fund these agencies may not want to take on major industries that profit from defective and dangerous products. In theory, products like CPAP machines should be universally safe, but that’s not always the case.

As a result, patients get hurt. You’re told a medical device is safe and effective for its intended use, but it may not turn out that way. Instead of government spending resources to prevent the sale of dangerous medical devices or quickly take them off the market if they’re not, Americans are Guinea pigs engaged in real-world testing.

Medical device companies would rather deal with lawsuits filed by law firms like ours, representing injured people like you, and profit from a defective medical device than make the necessary investments early in the process to make it safer.

Schedule A Free Consultation by Contacting Us Today

You might have a valid compensation claim if a dangerous or defective product injured you, killed a family member, or caused extensive property damage. Schedule a free consultation to discuss your case with an experienced Satterley & Kelley, PLLC product liability lawyer. Call 855-385-9532 or contact us online to reach our Louisville office.

Asbestos exposure can cause illness decades later

Asbestos May Cause Autoimmune Disorders in Addition to Cancer

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Asbestos has been linked to many types of cancers as well as asbestosis, which impairs a person’s ability to breathe. A recently published medical journal article that reviews prior research suggests that one type of asbestos fiber can lead to autoimmune disorders. They’re conditions that cause the immune system to attack healthy tissue rather than infectious or diseased tissue.

Our immune system is not only responsible for detecting external threats that have entered the body and destroying them, but also for eliminating cells that no longer function properly. Asbestos fibers can disrupt the delicate and complex balance between the immune system’s response to potential and actual health threats while avoiding healthy cells.

Satterley & Kelley, PLLC attorneys represent those diagnosed with asbestos-related diseases who seek compensation for the harm they suffer. If you are in this situation, call us at 855-385-9532 to learn more about how we can help you obtain compensation for your injuries.

What is Asbestos?

Asbestos is the name used for a group of mineral fibers that are extremely strong, light, and durable. One of these fibers is so small that you can’t see it with your naked eye, and so light that it can float in the air for hours. Asbestos fibers are resistant to fire, heat, chemicals, and electricity. These qualities made asbestos attractive to companies that made thousands of products containing it over centuries.

What are the Types of Asbestos?

There are six types: chrysotile (white asbestos), crocidolite (blue asbestos), amosite (brown asbestos), tremolite, anthophyllite, and actinolite. Researchers focused on amphibole fibers, which are crocidolite, amosite, and anthophyllite. They have a needle-like crystal structure and are considered the most hazardous asbestos type because they stick into flesh after they’re inhaled or swallowed.

What is an Autoimmune Disease?

An autoimmune disease is the result of your immune system (which normally protects your body from infections and mutated tissue like cancer tumors) targeting and attacking your healthy tissues, according to USA Today.

This causes a chronic inflammatory response that, if not stopped, can cause tissue damage and organ dysfunction. There are as many as 150 autoimmune diseases, including rheumatoid arthritis, lupus, multiple sclerosis, type one diabetes, and Crohn’s disease.

Medical Journal Article Makes the Case that Amphibole Asbestos May Cause Autoimmune Disorders

Researchers who wrote a 2024 article in Autoimmunity Reviews conclude that amphibole asbestos is associated with systemic autoimmune diseases. That means there appears to be a connection, though there isn’t enough evidence to establish that these fibers cause these conditions. Most occupational studies have not shown an association between chrysotile fibers and autoimmune conditions.

Most of the evidence comes from studies of people exposed to asbestos in Libby, Montana, Italy, and Australia. Forty-eight studies involving humans and 15 involving lab animals show that amphibole asbestos can drive the body’s production of the following:

  • Pathogenic autoantibodies (PA): Antibodies circulate through the body to identify and destroy infections and unhealthy tissues. Pathogenic autoantibodies mistakenly target and attack healthy cells and tissues. They are associated with pleural fibrosis, which thickens the lungs and makes it more difficult to breathe
  • Antinuclear autoantibodies (ANA): These are a type of pathogenic autoantibodies. They also destroy healthy tissue, particularly the nucleus of a healthy cell (a part of the cell that controls and regulates it). They are associated with causing lupus

If enough of these autoantibodies are present, they can cause systemic autoimmune diseases (SAID).

Which SAIDs are Associated with Amphibole Asbestos?

The article states that they include the following:

  • Systemic sclerosis (or scleroderma):This involves the tightening and hardening of the skin, though it may also affect blood vessels, internal organs, and the digestive tract
  • Systemic lupus erythematosus:This is chronic disease affects many parts of the body. It causes inflammation that can injure the skin, heart, lungs, brain, joints, and blood
  • Rheumatoid arthritis: This chronic inflammatory condition causes pain, swelling, and joint irritation. It can also damage the skin, eyes, lungs, heart, and blood vessels

The process by which asbestos fibers enter the body and lead to these conditions is complex and involves many factors.

How Do Asbestos Fibers Cause an Autoimmune Response?

The article states the following:

“Amphibole asbestos induces pathways of inflammation, ROS and cell death… leading to inflammasome activation, release of DAMPs, loss of regulatory T cell activity, and activation of B cells with autoantibody production. Cell death pathways result in altered signaling, antigen modification, and immune cell recruitment. Altered signaling leads to immune dysregulation, TH17 responses and lost tolerance.”

Translated to English, this means the following:

  • These asbestos fibers activate internal sensors in cells that are part of the immune response. There’s a quick, local inflammation that causes swelling
  • Exposure to an asbestos fibers release damage-associated molecular patterns (DAMPs). These are molecules released by damaged or dying cells, signaling the immune system to start inflammation
  • Asbestos exposure reduces the activity of regulatory or suppressor T cells, a type of white blood cell that helps control the immune system by suppressing responses to prevent autoimmune diseases
  • B cells (a type of white blood cell that protects you from infections by making proteins called antibodies to destroy a perceived threat) are activated
  • Cells exposed to asbestos die. How cells chemically signal each other changes, and chemicals on the cells that can trigger an immune response change
  • The immune response is to send its own cells to this area, and, because of this, changes chemical signaling and the less active T cells, the immune system over-responds and attacks healthy cells

Another factor in the process is that a person may be genetically predisposed to respond to asbestos fibers in this way.

Call Us Today for a Free Consultation

We are your boots on the ground if you or someone you love in Kentucky suffers from mesothelioma or another asbestos-related illness. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

How Negligent Drivers Cause Accidents in Winter Weather Conditions

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Winter in Kentucky brings snow, ice, and freezing rain, all of which make roads treacherous for drivers. Unfortunately, many winter weather accidents are not due to bad luck or Mother Nature. They are the result of negligent driving.

Satterley & Kelley, PLLC lawyers have the knowledge and experience to take on insurance companies and win. We represent severely injured victims throughout Kentucky who are involved in vehicle accidents caused by negligent drivers. Call us toll-free at 855-385-9532 to learn more.

What Is Negligence in Kentucky?

Under Kentucky law, negligence occurs when a person fails to exercise reasonable care given the situation and harms another. To establish a successful Kentucky negligence claim, a plaintiff (the person injured) must prove the following:

  • The driver owed a legal duty to act reasonably to prevent harm to others sharing the road (including you)
  • The driver breached their legal duty by not doing something or doing something poorly
  • The breach caused the accident and your injuries
  • You suffered harm, such as medical bills, lost wages, or pain and suffering

Kentucky follows a comparative fault system. If you share responsibility for the accident, your recovery could be reduced by your share of the blame.

Common Negligent Driving Mistakes During Winter Weather

Winter conditions create hazards that can turn even minor mistakes into serious, life-altering accidents. The following are some of the more common negligent driving behaviors in Kentucky winter accidents:

  • Excessive speed is a leading cause of winter accidents. Even when a driver is within the posted speed limit, failing to slow down on icy or snow-covered roads would be negligent. Reduced traction and longer stopping distances (especially with worn tires or brakes that haven’t been maintained) mean that a speed safe for dry, warm roads may be dangerously fast when the pavement is wet or frozen
  • Tailgating is especially dangerous on slippery roads. Snow and ice significantly increase the distance needed to stop safely. Drivers who follow too closely may rear-end other vehicles, causing serious injuries and multi-car collisions
  • Water, snow, and ice on roads reduce traction. Sudden, sharp turns may be dangerous because oversteering (turning too sharply) may cause the car to spin out, collide with other vehicles, or leave the roadway
  • Distractions such as texting, phone calls, or adjusting climate controls are dangerous in all conditions but particularly so in winter, when reaction time is critical. Even a short attention loss can cause collisions on slippery roads
  • Alcohol and drug use impair judgment, slow reaction time, and reduce your ability to control your vehicle. Winter has three holidays known for parties that can focus on drinking: Thanksgiving (and the night before, or Drunksgiving), Christmas, and New Year’s Eve. Driving under the influence in hazardous winter conditions is not only illegal but clearly negligent
  • Bridges, shaded intersections, and curves often freeze before other areas. Drivers who fail to slow down or take extra precautions in these spots may be held responsible for accidents caused by their inattention
  • Sudden lane changes, rapid acceleration, and sharp turns can cause loss of control on snow and ice. Aggressive driving in winter is a recipe for disaster

These negligent acts often don’t occur by themselves. An accident can be the result of multiple negligent acts, like an intoxicated, distracted driver going too fast for conditions. Slippery, icy roads not only contribute to accidents but also to injuries. If a vehicle involved slides into opposing traffic or into a pedestrian, a secondary accident occurs.

Kentucky Negligence Law and Winter Accidents

Consider a scenario where John drives on an icy road. He speeds, tailgates the vehicle ahead of him, and frequently glances at his smartphone. He skids on ice and rear-ends another car driven by Sarah, causing her serious injuries.

Here’s how the elements of negligence apply:

  • John owes Sarah a duty to drive safely. He must focus on driving, keep a safe distance from other vehicles, and lower his car’s speed if road conditions are unsafe
  • By speeding, tailgating, and being distracted, John fails to use reasonable care, breaching his obligation to Sarah to drive safely
  • John’s negligence causes Sarah’s injuries. The force of John’s car colliding with hers causes her to lose contol. Her vehicle strikes a tree, and the force of the collision caused her injuries
  • Sarah suffers physical injuries, medical expenses, lost wages, and emotional distress

If Sarah is partially at fault for her injuries (perhaps by not wearing her seatbelt), Kentucky’s comparative fault rules could reduce her recovery proportionally.

Protecting Your Rights After a Winter Accident

Victims of winter driving accidents should document the scene, get medical care, and consult an experienced Satterley & Kelley, PLLC personal injury attorney. We can investigate your accident, identify what caused it, and who’s responsible. A successful personal injury claim can provide you with compensation for the following:

  • Past, current, and expected future medical care
  • Lost wages and reduced future earning capacity
  • Past, current, and expected future pain, suffering, and emotional distress
  • Property damage to your vehicle

Each case is unique. Its chances of success depend on the evidence supporting it.

Get the Help You Need from Attorneys You Can Trust

Winter driving presents multiple potential hazards, but many accidents are preventable. Negligent behaviors (speeding, tailgating, distracted driving, or failing to account for icy conditions) can end your routine trip with a violent collision. Kentucky personal injury law allows accident victims to recover compensation for the harm they suffer and hold negligent drivers accountable.

If you or a loved one is injured in a vehicle accident, call us at 855-385-9532 or locally at 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer. We can discuss what happened, how Kentucky law may apply, and how we can help you and your family.

Bad Excuses for Not Filing a Personal Injury Claim

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Many people suffer serious injuries caused by another’s negligence, but do nothing to hold the other party accountable. They never pursue a personal injury claim, even if they’re entitled to compensation. They’re left with medical bills, lost sick and vacation time because they can’t work, and endure physical and emotional hardship without support. This doesn’t make any sense. Don’t fall into this trap.

Satterley & Kelley PLLC, is a Louisville law firm that gets results. We have recovered hundreds of millions of dollars for injured clients throughout Kentucky. Call us at (855) 385-9532 to learn more about Kentucky law, how it may apply in your case, and how we can help you obtain the injury compensation you deserve.

Don’t Let Misunderstandings Prevent You from Protecting Your Legal Rights

You may have many concerns about getting involved in a personal injury claim. Whether those concerns are justified or not depends on your situation. A primary reason we invite people to contact us is to discuss their concerns, talk about their accident, and explain how insurance, Kentucky laws, and the legal system work. After we clear the air, you’re in a much better position to decide if a personal injury claim is right for you.

Here are some excuses people may use to avoid filing a personal injury claim.

1. I Don’t Want to Sue Anyone

    Compensation typically comes from an insurance company, not from an individual or company. People and companies buy insurance because they know they may make mistakes, and if they do, they may need to pay compensation. They pay for insurance, so if this happens, their defense and compensation costs are covered (up to the policy’s limit). Filing a claim triggers the insurance benefits that should be available to you.

    Additionally, most of our personal injury cases don’t involve lawsuits, so no one is sued. We negotiate a settlement with the insurance carrier so the matter is resolved before a legal claim is filed.

    2. I Can’t Afford a Lawyer

    After an accident and injury, your physical, mental, and financial health may be at risk. Medical bills pile up, you may be out of work, and the thought of paying an attorney may feel overwhelming. We work on a contingency-fee basis. In your case, you will pay nothing up front, and we will be paid from your settlement or jury verdict.

    3. I Don’t Want to Deal with a Long, Stressful Process

    A complex claim involving a severe injury may take years to resolve and will take some of your time and energy. But most of our clients’ cases resolve in months, not years. We do almost all the work so you can focus on recovery and living your life.

    We will need your help at the start of the case to get your side of the story, and during the process we’ll need your input. Most cases require relatively little time and energy from our clients, but it’s critical to your case’s success. We will fit our schedule to yours so your life will be disrupted as little as possible.

    4. My Injuries Aren’t Bad Enough to File a Claim

    That may or may not be true. The only way to find out is to contact us so we can talk about your accident, your injury, its treatment, your prognosis, and how it impacts your life.

    Your injury may not seem serious after an accident, but it may be much more complicated than you think. An important reason that you should not negotiate with an insurance company is that you may accept a settlement soon after your injury, before you fully understand how it will negatively affect your life.

    5. The Insurance Company Will Treat Me Fairly

    It might, but it’s not something you want to bet on. Insurance companies want to make more money for their shareholders or policyholders. They do that by cutting costs (including settlements) and earning returns from investing premiums they’re paid. The less they pay you, the more money they make. Insurance companies vary in how aggressively they’ll limit compensation, and some take it to extremes.

    Insurance adjusters may sound friendly on the phone, but their job is to save the company money, not to fully pay injured claimants what they deserve. They want you to give them a recorded or written statement without you understanding their implications. They might downplay your injuries or tell you you’re more at fault than you actually are.

    We see this practically every day. It’s insurance companies’ standard operating procedure.

    6. I Don’t Want to Be Seen as “Sue-Happy”

    Pursuing compensation is choosing not to carry the burden of someone else’s negligence. You shouldn’t financially punish yourself and your family if another party is responsible for your injury and how it’s affected your life.

    You might worry that others may unfairly judge you for filing a lawsuit or insurance claim. You shouldn’t be ashamed of standing up for yourself. The party causing the accident, or their insurer, won’t out of the blue throw money at you. You must seek it.

    Who learns about your insurance claim is largely up to you. Insurance companies, or the other party involved, will probably not announce what’s going on. If you file a lawsuit, the complaint is a public document, but unless the situation is extreme, newsworthy, and picked up by the media, few people will know about it.

    7. It Was Partly My Fault

    Under Kentucky law, that won’t prevent you from being compensated. Part of the claims process is determining your degree of fault, because your recovery will be reduced by your share of the accident’s cause.

    This is an important issue we discuss with potential clients to help them understand what compensation they can reasonably expect. We thoroughly investigate all our cases. The evidence we uncover may show our clients they are more or less at fault than they believe.

    8. I Just Want to Move On

    Accident injuries are traumatic. You may want to avoid revisiting the accident or talking about your pain. But “moving on” from a valid compensation claim in the short term can lead to a stressful long-term financial hardship. Medical bills can last for years. Lost income can have ripple effects. Chronic pain can make everyday life harder.

    It’s ultimately up to you to decide what to do. If remembering your accident and injury is too painful to face, professional psychological help could help you live a better life and proceed with a personal injury claim that could address your financial needs.

    Speak With an Experienced Kentucky Personal Injury Lawyer

    Satterley & Kelley, PLLC attorneys have decades of experience helping injured clients like you get the compensation they deserve. If you have questions about your accident, Kentucky law, or the compensation you may receive, we’ll have answers. Contact our office online or call us at 502-589-5600 or toll-free at 855-385-9532 to schedule a free, initial consultation.

    Americans Love Their Cars and Trucks. Pedestrians Not So Much.

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    The number of pedestrians killed by vehicles is sharply up for many reasons, mainly because we are driving more, in bigger vehicles, faster. We value ease of getting from one place to another over the lives of those who are getting from one place to another on foot. Satterley & Kelley, PLLC seeks compensation for pedestrians injured in vehicle accidents and the family members of those killed in these preventable crashes.

    If you are injured in a pedestrian accident or a family member is killed in one, Satterley & Kelley, PLLC lawyers in Louisville can stand up for your legal rights. We have extensive experience pursuing pedestrian accident claims and litigation for clients throughout Kentucky. Call us at 855-385-9532 today to learn more.

    The Number of US Pedestrian Deaths Increases by 70% From 2010 to 2023

    That’s the conclusion by the Washington Post, after reviewing federal data and other public records. There were 4,302 such deaths in 2010 and 7,314 in 2023. They primarily occurred on streets with the following characteristics:

    • Multiple lanes
    • Vehicles traveling above the speed limit
    • Cutting through economically distressed neighborhoods
    • That have failing commercial strips

    America’s lower-income residents are bearing the brunt of this vehicle-powered carnage. Not only are they the ones more likely to walk on the country’s streets, but they also don’t have the political clout of wealthier Americans, who demand ease of car travel and businesses that want their customers to travel to their businesses easily.

    Those crossing streets are often elderly or have physical disabilities, which makes crossing more difficult and takes longer. Crosswalks may be few and far between, so jaywalking is a fact of life if you want to get around. Streets that are dangerous in the best of circumstances become more deadly at night or when visibility is more limited.

    We like to think we lead the world, but in this category, we should prefer to fall behind. While our pedestrian deaths shoot upward, in other developed nations, they’ve declined almost 30 percent.

    The US locations with at least three recent pedestrian deaths within a mile of one another tripled from more than 275 in 2010 to more than 825 in 2023. These areas increased primarily in the southern half of the country, including Tennessee, North Carolina, and Arizona.

    Kentucky isn’t immune to this problem. According to the State Police, in 2024, vehicle crashes involving pedestrians accounted for only 0.95% of all such accidents but resulted in 13.8% (or 97) of all vehicle accident deaths. Only 61 people were killed in Kentucky vehicle-pedestrian accidents in 2010, reports the State Police, or about 45% fewer deaths than last year.

    One factor in the fatality increase is that fewer pedestrians are surviving being struck by vehicles. More than 3,800 people nationally were nearly killed immediately when they were hit in 2023. This is evidence that there are more, larger vehicles going at higher speeds, causing more violent collisions, resulting in more fatal injuries. The rate at which pedestrians are being declared dead at accident scenes has more than doubled from 2010 to 2023.

    Government Sees Better Traffic Flow as More Important Than Saving Lives

    State and city agencies are slow to spend on improvements, such as creating more, safer places to cross dangerous streets or increasing speed limit enforcement. A priority is preventing traffic jams, not addressing pedestrians’ safety concerns.

    In the past, the federal government urged communities to improve pedestrian safety and provided money for solutions. The Biden administration provided some financial backing to increase safety, but the Transportation Department under President Donald Trump wants some of that money back.

    In September, a federal official told Boston’s transportation agency the administrationwas taking funds for a project it considered “hostile to motor vehicles.” The agency told the Post the prior administration “de-prioritized the needs of American drivers and increased congestion risks.”

    Memphis is Ground Zero for the Country’s Pedestrian Deaths

    Memphis’s streets are the deadliest for pedestrians in the country’s larger cities, according to the Post analysis. Its fatality rate increased more than four times from 2010 to 2023. Not including its suburbs, pedestrian deaths in the city peaked at 82 in 2022, decreased to 57 in 2023, and fell to 47 last year. Forty-two are expected this year. City officials claim the decline shows their efforts to redesign streets are making them safer.

    A one-and-a-half-mile stretch of the city’s Jackson Avenue, seven miles from the city’s heart, is disproportionately lethal for pedestrians.Vehicles speed past corner stores, apartments, restaurants, and gas stations.

    The data shows that these roads’ design is closely linked to the number of pedestrians killed. Vehicles on streets with three or more lanes are far more dangerous because they enable higher speeds, which make crashes into pedestrians more deadly.

    For those living in the area, and others like it across the US, walking is a necessity. On average, nearly 20% of households in nearby neighborhoodslack access to a vehicle, more than twice the rate in other communities.

    Outdated Designs Put Pedestrians at Risk

    The most dangerous areas are not in congested downtowns but in less-dense neighborhoods toward cities’ edges. Those roads were built decades ago to link towns before interstate highways were constructed. Businesses and residences emerged around them, and people walk beside and across them to fast-food restaurants, liquor stores, convenience stores, supermarkets, and more.

    Traffic signals with crosswalks may be a mile apart. Pedestrians must decide whether to cross a street more safely, but at a greater distance, or take their chances walking across a dangerous street at a more convenient location.

    Get a FREE Consultation with a Louisville Pedestrian Accident Attorney

    If you’re injured as a pedestrian in a vehicle accident, or a family member is killed in one, not just the driver may be at fault. The government entity responsible for the road may be negligent if it knew the road was dangerous but failed to take steps that could’ve prevented your injuries or the death of your loved one.

    Satterley & Kelley, PLLC attorneys can handle all aspects of your pedestrian injury or wrongful claim so you can focus on recovery. Call us at 855-385-9532, locally 502-589-5600, or contact us online to schedule a free initial consultation with one of our lawyers.

    Nursing Home Residents Abused by Social Media Photos and Videos

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    The popularity of smartphones and social media can be a bad combination for nursing home residents when employees abuse their positions. Nursing home residents, especially those with dementia, can become the subjects of social media posts without their consent. This loss of privacy shows a fundamental lack of respect for residents and is a form of abuse.

    Satterley & Kelley, PLLC represents Kentucky abused and neglected nursing home residents. If your parent or loved one was physically, emotionally, financially, or sexually abused at their nursing home, contact us so we can find out what is happening and stop it from continuing. Call us today at (855) 385-9532.

    Taking away a nursing home resident’s privacy without their consent is a form of emotional abuse. Depending on the images, it may be a form of sexual abuse as well.

    Newspaper Reports Numerous Times Employees Violated Residents’ Privacy at Iowa Nursing Homes

    The Iowa Capital Dispatch reports that over the past five years, there have been fifteen documented cases of nursing home staff taking photos or videos of often vulnerable and cognitively impaired residents. They can end up on social media in demeaning, humiliating, or exploitative ways.

    These are only the ones state authorities learned about. There may be many more that nursing homes don’t report to Iowa’s regulatory agency, as well as additional instances that facilities aren’t aware of.

    The documented examples include the following:

    • At the Bishop Drumm Retirement Center in Johnston, a resident was photographed sitting in a wheelchair wearing a bonnet, with the caption, “Like, why are you stealing my bonnet?”
    • At the same facility, a resident on a toilet with pants around their ankles was videoed, with an employee waving their feet under the resident’s nose while the resident protested, “Stop doing that, your feet stink.” The caption read “Gassed.”
    • Another employee videoed a resident lying in bed while another worker “twerked” in front of the resident’s face
    • A resident was photographed on a toilet with their pants pulled down, her shirt off, with one side of a breast exposed

    The Nora Springs Care Center was fined $500 for failing to report a staff member’s complaint that another employee livestreamed a partially undressed resident on Snapchat. The nursing home stated it investigated the claims but found no evidence to support them. However, they were obligated to report the complaint, whether or not they substantiated it.

    This Problem is Not Limited to Iowa, According to Reports on Incidents Across the US

    Colorado’s Long-Term Care Ombudsman published a report in October examining 100 incidents of privacy violations in 30 states that happened between 2017 and 2025. The information came from state agencies regulating nursing homes.

    The incidents involved caregivers taking unauthorized photos and videos of residents and posting them on social media. The report states there were “many disturbing incidents” of pictures and videos, “showing naked residents in compromised positions in their beds or in their bathrooms with feces on them, or verbal/mental or physical abuse of residents with demeaning captions.”

    Colorado authorities found the following:

    • The most common social media platform used by abusers was Snapchat, followed by Facebook. Other platforms used include TikTok and Instagram
    • The reports covered 209 unauthorized social media posts
    • Videos were used in 68% of the cases, and a quarter used photos
    • 31% of the reports involved social media captions that were demeaning or abusive
    • Unauthorized videos and pictures were taken in a variety of locations, but were most commonly shot in bedrooms

    The report also finds the following:

    • The reports involve 117 victims with information about their cognitive abilities
    • 103 (88%) have some level of cognitive impairment. Nineteen have a moderate impairment, while 37 have severe impairment
    • 14 (12%) were reported as cognitively intact

    Investigators also looked at the perpetrators:

    • 154 individuals (153 employees and a boyfriend) were directly or indirectly involved in the incidents
    • 73% were Certified Nursing Aides or Nursing Assistants
    • The rest of the direct perpetrators worked in various positions

    Excuses and reasons for these privacy violations stated in the investigation reports include the following:

    • The employee was mad at someone and accidentally posted the material
    • The person had a bad day and wanted to “vent”
    • Grandchildren played with her phone and posted a photo
    • The employee claimed she didn’t know her phone was livestreaming
    • Frustration with other employees for not helping her
    • The employee thought the resident looked “cute”
    • “We were having a good time.”
    • Other employees posted photos, so she thought it was OK

    These acts represent intentional humiliation of a vulnerable adult in a setting where the resident should be safe, respected, and protected.

    How These Incidents Violate Nursing Home Residents’ Rights

    Nursing homes must provide an environment that safeguards their health, safety, dignity, respect, and privacy. If staff deliberately record and or distribute images of residents without their consent, in compromising positions, with captions mocking them, residents suffer from abuse, neglect, and exploitation.

    What You Should Do If Your Loved One is Exploited or Abused by Nursing Home Staff

    Contact Satterley & Kelley, PLLC to discuss the situation. We can go over your loved one’s legal rights, what they’re entitled to, possible compensation for what they’ve endured, and how we can make the situation right.

    A nursing home will probably take a complaint and inquiry from a law firm more seriously than if it comes from a family member. They know we will take the issue seriously, will not let it drop, and that their indifference will have consequences.

    Your loved one deserves a safe nursing home where staff respect and care for them, not exploit them and make them the butt of social media jokes. To set up a free initial consultation with an experienced nursing home abuse lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.

    Why Mesothelioma Cases Are Different Than Other Injury Lawsuits

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    Mesothelioma is one of the most devastating diseases a person can suffer. Caused by asbestos, it’s an aggressive and fatal cancer that changes the lives of victims and their families. While there are some similarities to personal injury claims, mesothelioma cases are fundamentally different from typical personal injury lawsuits.

    Satterley & Kelley, PLLC attorneys represent people diagnosed with mesothelioma seeking compensation for the harm they suffer. If you are in this situation, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injury.

    A Long Latency Period Makes Mesothelioma Cases Unusual

    Most personal injury cases involve immediate harm. The person is injured in a car accident, a fall, or by a defective product. Mesothelioma develops decades after a person is exposed to asbestos. A victim may not develop symptoms for 20, 30, or even 50 years after inhaling or ingesting asbestos fibers.

    This delay creates several legal challenges:

    • Victims often don’t remember every workplace, jobsite, or product they encountered
    • Employers or manufacturers that caused their exposure may no longer be in business
    • Witnesses who could confirm exposure may have retired, moved, or died
    • Documents related to the person’s asbestos exposure may be missing or destroyed

    We understand these problems and work around them. We can piece together your exposure thanks to your statements and the documentation we’ve developed while working on thousands of asbestos cases over the years. Satterley & Kelley, PLLC mesothelioma attorneys know how to find and fit the pieces of your asbestos exposure puzzle.

    Mesothelioma Lawsuits Often Involve Multiple Defendants

    While most personal injury cases involve a single or a few defendants (at-fault parties), a mesothelioma case can have dozens of defendants, depending on the client’s exposure and where they worked. This is due to the facts that:

    • There were many companies involved in the creation, distribution, sale, and use of asbestos products
    • Workers could be exposed to multiple asbestos-containing products, made by different companies, at the same job site
    • If the client worked in the construction trade, dozens of job sites may be involved

    Mesothelioma cases are legally complex for many reasons, including the fact that many parties may be liable. A defendant may deny responsibility and blame other defendants for the injury. In a car accident case, it is usually fairly certain which car collided with the plaintiff’s vehicle. In a mesothelioma case, there may be dozens of asbestos-containing products that harmed the plaintiff.

    A skilled mesothelioma attorney can navigate these competing defenses and identify every possible source of compensation.

    Asbestos Trust Funds Are Key Compensation Sources

    Unlike typical injury cases, whose defendants may be other drivers or businesses, many responsible parties in mesothelioma cases are bankrupt corporations that ceased operating decades ago. To pay for asbestos claims, they created trust funds during the bankruptcy process.

    Key differences from “ordinary” defendants and trust funds include the following:

    • Trust fund claims do not require a lawsuit filing
    • Their process is more like filing an insurance claim than litigation
    • Each trust has its own rules, evidence requirements, and payment amounts
    • Victims may file claims with multiple trusts depending on their exposure history

    Few other personal injury cases involve this added layer of complication. Trust fund claims may be combined with litigation against companies that are still in business.

    Mesothelioma Requires Medical Evidence of a Chronic Condition, Not a Traumatic Injury

    The medical evidence needed to prove a claim differs from a typical injury case. A plaintiff with mesothelioma must show:

    • A confirmed mesothelioma diagnosis by a qualified specialist
    • Medical imaging, pathology, and biopsy results

    Kentucky’s statute of limitations (the deadline to file a legal claim) is one year from the injury or from the time the plaintiff is diagnosed with mesothelioma or, in the exercise of reasonable care, should have been discovered.

    Though there can be a long delay in an injury being diagnosed after an accident, it’s not usually the case. In a mesothelioma case, a defendant may claim a plaintiff’s case should be dismissed because, given their symptoms, they should have used reasonable care in protecting their health, and been more aggressive in getting treatment, which would’ve resulted in a mesothelioma diagnosis more than a year before their case was filed.

    The Potential Recovery in Mesothelioma Cases Are Often Far Greater

    How much someone receives for a successful legal claim depends on many issues. Liability (or the legal obligation to pay compensation) must be proven. After that hurdle is overcome, damages (the harm to the person measured in dollars) must be proven before compensation can be awarded.

    Unless a personal injury case involves a severe, chronic disability caused by the accident, or the death of a loved one, a mesothelioma case will probably result in a higher damages award. Generally, accidents don’t result in the level of harm that mesothelioma causes, so compensation is less.

    Mesothelioma is a painful, life-draining, fatal disease. It not only kills the person, but it does so in a way that causes progressive limitations, worsening symptoms, emotional, and psychological harm. Treatment is generally highly toxic with severe side effects.

    How an Experienced Mesothelioma Attorney Makes a Difference

    Many attorneys, including those at Satterley & Kelley, PLLC, represent injury victims in accident cases. We also help those with asbestos-related diseases obtain compensation. We work on both types of cases and know the differences.

    If you or a loved one has mesothelioma, you should retain an attorney experienced with these cases because they’re complex and far from ordinary. You don’t want to use an attorney who will learn while working on your case. Given our long track record of success, you can trust us with your mesothelioma claim so you can focus on making the most of your life.

    Call Us Today for a Free Consultation

    Satterley & Kelley, PLLC attorneys are your boots on the ground if you or a family member in Kentucky suffers from mesothelioma or another asbestos-related illness. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.