Articles Posted in Legal News

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When people are injured or killed due the potential negligence of a family or a friend, it can be challenging for legal claims to be made. The family of the person killed or the injured person may not want to been seen as placing blame upon their family or a close friends. People become worried that they may be viewed in a negative light from their family or friends for bring legal claims against another family member or a friend. Such feels are subjective and natural for suffering victims who were injured or have lost a loved one.

However, the reality of the situation is that persons injured or killed suffer not only emotional hardship, but also financial hardships for these types of accident. Expensive medical bills are incurred. Lost wages happen, which puts a financial strain upon families. There can be permanent injuries, or in the case of a death, there is a lifetime of lost love, companionship, and a lifetime of lost income that would have financially benefited the family. The objective view is that the family has suffered losses and there is compensation out there to assist and offset the losses of the injured person or family, via various insurance policies.

People carry insurance to cover the financial aspect of accidents and negligence claims. The insured have paid their premiums to insurance companies, who in return for these monies have policies that financially pay for the accidents and negligence of the policy holder. As such, when a family member or friend brings a claim against another family member or friend, they are merely trying to utilize the financial help and benefits that have already been paid for by the person who was potentially negligent. To not make a claim for coverage that has been paid for and is provided would only be adding to the profits of the insurance companies, and continue the full detriment to the injured of their family.
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For the calendar years 2000 through 2009, amongst 52 metropolitan areas, Louisville has been ranked 19th concerning pedestrian fatalities. In a recent report by Transportation for America, a safety-advocacy organization, the Louisville, Kentucky area had a “pedestrian danger index” rating of 95.7. That rating was based upon 192 pedestrian fatalities from 2000 through 2009. That figure translates to an average annual pedestrian fatality of 1.6 per 100,000 people. The metro Louisville area has approximately 700,000 residents currently in 2011.

Comparing Louisville with other metro areas, Nashville, TN ranked 14th with 204 pedestrian deaths and had a pedestrian danger index of 109.7. Indianapolis, IN ranked 31st with 180 pedestrian deaths and had a pedestrian danger index of 63.5, and Cincinnati, OH ranked 42nd with 172 pedestrian deaths and had a pedestrian danger index of 37.7. The highest ranked cities, which makes them the most dangerous for pedestrians, were Orlando, FL, Tampa, FL, Jacksonville, FL, and Miami, Fl. Orlando’s pedestrian danger index was 255.4.

Kentucky pedestrian fatalities, if involving a motor vehicle striking the pedestrian, have numerous legal recovery options, including automobile insurance policies owned by the deceased pedestrian. If the death is related to a dangerous property condition, then there maybe property owner insurance or business insurance coverage to provide for a legal recovery for the family of the victim. The legal damages that can be claimed and recovered under Kentucky law resulting from pedestrian deaths, which are classified as Kentucky wrongful death claims, can vary based upon the economic factors of the deceased.

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The Ackerson Law Offices are currently interviewing potential clients and working with other law firms protecting the rights of children and their parents affected by a mother’s unsuspected use of Topamax while pregnant. These claims are against the pharmaceutical manufacturers who promoted the use of Topamax for uses which were not approved by the Food & Drug Administration. The makers of Topamax promoted the use of the drug for off label uses such as the treatment of migraine headaches.

Use of Topamax by women who were pregnant increased the likelihood that the child would be born with a cleft lip, a cleft palate, or other birth defects. If you are a parent that has a child with a birth defect and Topamax was used by you or the mother during the pregnancy, you should know your and your child’s legal rights. You and your child may be entitled to be legally compensated for the birth defects of your child has suffered.
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Kentucky auto injury attorney Brent T. Ackerson and the Ackerson Law Offices have settled a client’s case for $1.15 Million Dollars. This case involved our client being hit by a car while placing warning reflective triangles in the expressway emergency lane, after his truck had broken down. Our client was struck and seriously injured after a young driver allowed his car to venture into the emergency lane.

“The insurance company had been fighting us tooth & nail for sometime now. We were very pleased with this settlement. It will go a long way towards taking care of our client and his family.” – Brent Ackerson Continue reading →

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Louisville and Jefferson County, Kentucky is more stringently enforcing insurance requirements for drivers. This is good news for all drivers, especially accident victims (the not at-fault parties of car wreck). When a person is involved in a car wreck, they can suffer various injuries, and the damages can range from small to large amounts. Insurance is important in these situations because the insurance is often the only source of recovery for injuries and damages suffered due to the negligence of the at-fault driver.

Kentucky requires drivers to carry a certain minimal amount of automobile insurance coverage in order to operate a motor vehicle. However, the courts are flooded with criminal cases where drivers are cited by police for not having car insurance while driving a vehicle. This means that lots of people are driving cars, potentially causing car crashes, and do not have adequate insurance to pay for damages and injuries they may have caused.
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Dillard’s Department Store has agreed to settle an age discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The suit alleged that the retailer fired a 61 year old employee manager, who had 4 years on the job experience and good performance reviews, and replaced her with a 24 year old, who had only 4 months experience. The lawsuit settled for $50,000.00.

Employment discrimination cases are very factually driven matters, and case settlement values can range dramatically based upon the various factors involved.

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The durg manufactiuring giant Johnson & Johnson has admitted to bribing European doctors in relation to its medicines and drugs. It has agreeed to a multi-million dollar settlement as a penalty for such. To read more about this, click on the link below.

http://www.nytimes.com/2011/04/09/business/09drug.html?_r=1

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Thumbnail image for 1038828_u_s__supreme_court_2.jpgU.S. District Court Judge Joseph H. McKinley, Jr. ruled this week that an antitrust lawsuit against Insight Communications can proceed. The case was filed by two Insight subscribers asking the court to bar insight from making customers pay $15.95 per month to rent an Insight converter box if the customer wanted services such as pay-per-view. The lawsuit alleges that subscribers should be allowed to purchase their own converter boxes from an electronics manufacturer and use such for the insight programming.

Insight Cable Company had asked the court to dismiss the lawsuit claiming that it was not forcing the subscribers to do anything. Additionally, Insight sought to have the lawsuit stayed and held in abeyance until the Federal Communications Commission releases an expected ruling on the converter box issue.

The court, in its ruling, sided with the plaintiffs and has allowed the case to continue.

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Kentucky information related to how many traffic accidents occurred over the last few years, including the number of DUI related accidents and pedestrian related accidents, can be found on the Kentucky State Police website. Click here to link to this information: www.kentuckystatepolice.org/data.htm

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Thumbnail image for 952313_gavel.jpgA Rockcastle man who was doing construction work in Garrard County, Kentucky has filed a lawsuit after being injured while working road construction. At the time of the accident, the man was operating a blacktop paver when the paver was struck by a dump truck driver. The man was thrown from the paver over a guardrail and suffered serious injuries. The dump truck went on to hit and injury two other workers. The Kentucky State Police have cited unsafe speed, road conditions and driver unfamiliarity with the area as causes of the accident.

In cases where people are injured while working by a person not employed by the same employer or business, the injured people have both a workers compensation claim and a third party negligence claim to recover their lost wages, medical bills, and pain & suffering. Many times workers compensation does not afford a full recovery for the injured worker. In cases like the above, the worker can sue the driver of the dump truck and the business that owned the dump truck to recovery the full amount of monetary compensation and reimbursement he or she is owed. These are referred to as third party claims and they seek to make sure that the injured person is granted full justice and a full financial recovery.
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