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Louisville Personal Injury And Insurance Litigation Law Blog

Bus wrecks in 3 states claim students' lives

It's been a bad month for bus accidents. Already in December, there have been three unrelated, fatal collisions involving school or charter buses ferrying kids to school-related activities and events. The three separate bus wrecks occurred in Indiana, Illinois and Arkansas.

In the Indiana crash, a middle-schooler died on Wednesday, Dec. 5, after a truck slammed into the rear of the school bus waiting at a railroad crossing about 30 miles from South Bend, near Argos. According to the Indiana State Police (ISP), the school bus had begun to move across the tracks when the truck driver hit it.

Can I recover financial damages without filing suit?

If you get injured in an accident on somebody else's property, you may want to recover financially what you lost, whether that be lost wages from time off of work or compensation for your pain and suffering. But you also may have numerous reasons why you don't want to sue the at-fault driver or property owner.

Perhaps you don't want to be perceived as litigious. Or maybe the negligent property owner is a friend or a close family member. If you intend to remain friends and want to continue to share holiday celebrations together, a lawsuit could throw a cog into a convivial relationship and leave you permanently barred from their home.

Wet weather in winter can spell trouble for truckers

Snow and ice occur infrequently during Louisville winters, but rain is a common weather element that can increase the risk of accidents on the roads. That's especially true for large, commercial semi-trucks that take extra time and distance to stop in comparison to passenger vehicles.

What adds another layer of danger to the wet weather hazard is the heavy weight of these highway behemoths. A fully loaded semi can weigh as much as 80,000 lbs., or 40 tons. Truckers simply are unable to stop on a dime in an emergency.

Can I force the drunk driver who hit me to pay my claim?

It's the holiday season once again — a time when the alcohol often flows too freely at parties and office gatherings. This time of year typically brings an uptick in the number of drunk driving accidents and arrests for that reason.

What are your options if you wind up injured in a crash with a drunken driver? Kentucky drivers are mandated to carry a minimum of 25/50/25 insurance, which breaks down to "$25,000 bodily injury per person, $50,000 bodily injury per accident [and] $25,000 property damage per accident."

Woman files lawsuit against 25 Again

A woman recently filed a complaint in Jefferson Circuit Court, stating that a doctor at 25 Again, a hormone clinic, administered testosterone to her husband in 2016, despite the fact that his levels were normal.

The same complaint was also filed with the Cabinet for Health and Family Services medical review panel branch, noting that administering too much testosterone in someone with a normal level is a violation of professional standards.

Jury awards $25 million after Aetna denies coverage

The husband of an Oklahoma woman whose insurance company denied her cancer treatment said the jurors in her case "did her proud" by awarding $25.5 million to her family. His wife succumbed to complications of stage 4 nasopharyngeal cancer on May 30, 2015.

The jury determined that Aetna acted "recklessly" when it denied coverage of targeted radiation known as proton beam therapy in 2014. Her doctors sought the treatment that would have been able to isolate the tumor without causing blindness or other detrimental side effects.

Are you at risk of Black Friday injuries?

The country may be divided into two sections — those who can't wait to dash out into the madness of Black Friday to snatch up incredible deals and those who snuggle up on the couch in their pajamas and shake their heads at such folly.

But if you will be one of the maddening hordes scrambling for savings, you should be aware of the liabilities that Black Friday shoppers face.

False diagnoses wreak harm to patients

Imagine being told that you are HIV-positive. The doctor advises you to only have sex with other sero-positive patients and prescribes a grueling regime of medications that have crippling side effects.

For nine years, you struggle with your diagnosis. At one point, you even consider taking your own life to escape the misery of your condition.

Consider alternatives to neighborhood trick-or-treating

If you're looking for a less scary Halloween alternative for your youngsters, consider taking them to the zoo. Louisville Zoo bills its Halloween celebration as the World's Largest Halloween Party. It's perfect for those with children under 12 who don't want the kids to get scared or hurt while they celebrate the holiday.

Louisville kids can still don their favorite superhero and princess costumes and wind their ways through a hay maze and chat with Muumpkin, the talking pumpkin. They can ride a train and go wild at a dance party.

Surgery 'never events' can lead to lawsuits

If you're seeking surgery here in Louisville or elsewhere, it's normal to have concerns that something could go wrong during the procedure. While the majority of surgeries here in the United States go off without a hitch, every year there are too many "never events" and surgical errors that occur to patients.

Common "never events" include:

  • Wrong-side, wrong-procedure and wrong-patient surgeries
  • Surgical tools and foreign items left inside the patient
  • Anesthesia errors
  • Nerve damage from positioning errors
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