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What Not to Do After a Truck Accident

Published on Feb 9, 2017 at 10:01 am in Car Accident.
What Not to Do After a Truck Accident

Truck accidents are different from regular car accidents because the truck driver and the company that employs the driver can both be held liable.  Truck drivers are required to follow company policies for safe driving and protocol for how to handle accidents when they occur.  Failure to do so can leave them and their employer liable for damages.  Knowing what to do after a truck accident can help you avoid making key mistakes that hurt your case.

Do not skip getting a police report.  A police report is an important part of your case.  An initial evaluation of the accident may appear as though little to no damage has been done.  And it may seem excessive to keep everyone involved waiting at the scene for an officer to arrive.  Even if it seems unnecessary, it is better to take the time to file an official report.  This provides official documentation of the crash, when and how it occurred, and will certainly be useful later in court.

How Common Are Wrongful Death Claims?

Published on Feb 1, 2017 at 2:00 pm in General.
How Common Are Wrongful Death Claims?

Wrongful death law applies when the defendant’s actions have resulted in the death of the victim, leaving behind surviving family members and dependents whose lives will suffer because of the victim’s absence. The purpose of these laws is to compensate the survivors, not the deceased victim.

Early American courts did not acknowledge wrongful death law. Instead, they followed a rule that said when the victim died the right to bring a case died with them. Lawmakers have come to realize the injustice of this rule and wrongdoers can no longer escape liability simply because their actions were severe enough to cause death of the victim. All fifty states now have some form of wrongful death law.

Can Social Media Ruin My Personal Injury Claim?

Published on Jan 20, 2017 at 8:40 am in General.
Can Social Media Ruin My Personal Injury Claim?

Over the last decade, social media has transformed the way the world communicates.  According to the Pew Research Center, 79% of adults today have a social media profile.  Social media allows people to share thoughts, ideas, interests, and images on the internet with anyone they choose.

With people sharing so much personal information online, it would seem natural to post and share the details of a life changing accident.  But making this private information public in the months following an accident can be detrimental to a personal injury claim.

Individuals making personal injury claims are typically seeking compensation for medical expenses, lost wages, and pain and suffering.  They want to be financially compensated for the reduction in their quality of life.  The task for the prosecution is to prove that lingering pain is preventing the victim from doing activities that they would normally have been able to enjoy.

12 Signs of Nursing Home Negligence

Published on Jan 12, 2017 at 9:00 am in General.
12 Signs of Nursing Home Negligence

When we place an elderly loved one in a nursing home or long term care facility, we can’t be expected to be there 100% of the time. This makes it difficult to find out how they are being treated and taken care of. Unfortunately, nursing home negligence and abuse both occur more often than we’d like to admit. Our loved ones aren’t guaranteed to be safe in these institutions.

It’s a fact that Kentucky nursing homes are generally understaffed. Understaffing can lead to staff member negligence on multiple levels when residents are not given the time they require. Failing to keep an eye on a wandering resident or not properly caring for bed sores, for example, can cause life-threatening injuries. In rare cases, employees may wrongfully handle or be abusive to residents thinking they will not get caught.

When Can I File a Nursing Home Wrongful Death Claim?

Published on Jan 9, 2017 at 11:26 am in General.
When Can I File a Nursing Home Wrongful Death Claim?

Wrongful death lawsuits can enable a grieving family to recover from a tragic loss that shouldn’t have happened in the first place. They can provide financial assistance to cover the deceased’s final medical bills, lost wages, companion/suffering costs, and more. In the case of a wrongful death claim filed on behalf of someone who was a resident at a nursing home, that compensation can go towards the same things, but the rules somewhat change.

In a nursing home wrongful death lawsuit, the claim is generally aimed toward the nursing home itself or a specific staff member that contributed to a loved one’s passing or allowed it to happen. Wrongful death claims aren’t criminal claims, but are instead civil. They require one or more of four circumstances to occur: negligence, carelessness, reckless behavior, or another type of wrongful behavior.

4 Things You May Not Know About Wrongful Death Lawsuits

Published on Dec 8, 2016 at 8:00 am in General.
4 Things You May Not Know About Wrongful Death Lawsuits

When a family loses a loved one due to a tragic accident that was caused by another’s negligence or recklessness, that family can file a wrongful death lawsuit against the guilty party. At the Law Office of Todd W. Burris, we see a great deal of misinformation regarding wrongful death cases, how they work, and in what conditions they can be filed.

We’d like to put an end to some of that misinformation if possible. Here are 4 things you may not know about wrongful death lawsuits:

  1. Wrongful death cases are about negligence—not about breaking the law.

When someone breaks the law and a loved one dies, that’s when a criminal investigation generally begins. If no laws are broken and a loved one dies due to the negligent, careless, or reckless acts of another human being, that’s not a criminal matter necessarily, but it is one that can be considered a wrongful death.

Protect Yourself with the Right Car Accident Insurance

Published on Dec 6, 2016 at 1:30 pm in Car Accident.
Protect Yourself with the Right Car Accident Insurance

Being involved in a car accident can set your entire life back weeks, months, or even years. Depending on the severity of your injuries, you may find it almost impossible to recover the costs of your medical bills or lost wages. With the right type of car insurance coverage, however, you may be able to have an easier time recovering from a financially difficult situation.

The right type of insurance coverage can turn the tables during the aftermath of a car accident in a major way. Unfortunately, many Kentucky insurance agents don’t tell you what you need to know upfront. They may hide the coverage details within the small print or fail to tell you what the different types of coverage imply.

5 Motorcycle Safety Tips That Can Save Your Life

Published on Nov 3, 2016 at 11:00 am in General.
5 Motorcycle Safety Tips That Can Save Your Life

Kentucky motorcyclists enjoy an immense amount of freedom on our state’s open highways and streets, but they do so with an understanding of the fact that riding a motorcycle alongside larger, heavier vehicles comes with a risk. Whenever a collision happens between a passenger car or truck and a motorcycle, the motorcyclist will generally always experience a more devastating impact. Motorcycle accidents can cause serious injuries or even death.

Keeping this risk in mind, it’s important for motorcyclists to always prioritize safety. By doing so, they have a greater chance of avoiding an accident and can protect themselves better if an accident should happen. Here are 5 motorcycle tips that can save your life:

  1. Drive Defensively

This tip often gets mentioned, but what does it mean, exactly? For motorcyclists, it means that you should stay visible to other drivers as often as possible. Essentially, always assume that the driver next to you isn’t going to check their blind spot for you. By thinking this way, you’ll naturally get into the habit of driving forward and avoiding potentially troublesome blind spots. It also doesn’t hurt to make eye contact whenever you can with drivers around you before making turns or lane changes.

Additionally, get into the habit of driving in lanes that give you an easy “out” if a larger vehicle suddenly swerves in your direction. If there are cars in the right-hand lane, for example, stay in the left-hand lane. This is also sometimes referred to as a “blocking position.” If you’re on a 3-lane highway, stay near one of the edges. Finally, avoid driving between cars to pass them whenever possible.

  1. Wear Protective Gear

Helmets are not universally required in the state of Kentucky, but choosing to wear one can save your life. A traumatic brain injury can cause serious, lifelong complications. Your brain is extremely sensitive. Don’t task an unneeded risk!

Likewise, other protective gear such as gloves, protective clothing and shoes, and eye protection can lessen the damage any type of accident causes. Protective clothing also, of course, protects riders from harsh weather conditions that may crop up at any time.

  1. Prepare for Any Weather Conditions

Speaking of protective gear, don’t ever leave home without the basics. If your motorcycle has an area for stowing gear, keep extra gloves, eye gear, and an extra jacket on-hand if possible. You never know when a sudden windstorm may hit.

If the weather ever gets too rough while you’re on the road, don’t hesitate to take a detour and find a cozy restaurant or hotel to settle down in while the storm passes. You never want to take chances in harsh weather conditions—especially during nighttime hours.

  1. Don’t Ride a Motorcycle You’re Not Familiar With

While it’s always tempting to take your friend’s new ride out for a spin, remember that it can be difficult to control a motorcycle you’re not familiar with if you happen to spin out of control or slip on a wet road. Every bike is different and takes some practice to master. Respect that fact and stick to your own ride whenever possible.

  1. Check Your Motorcycle

Before you go out for a ride, make sure to check that your motorcycle has fuel, brakes properly, and is in working order. Get into the habit of doing a quick check to ensure everything—from your turn signals to your headlights—is working properly. If anything seems sluggish or doesn’t work right, don’t take an unnecessary risk.

By remembering to follow these quick tips, you can keep yourself safe on Kentucky roads while ensuing everyone around you knows you’re there and keeps an eye out for your motorcycle. The first step to accident prevention is always awareness. Prevention saves lives.

If you’ve been an unfortunate victim of a motorcycle accident, don’t hesitate to give the Law Office of Todd W. Burris a call. Todd W. Burris, Lexington, KY motorcycle accident lawyer, can help you get the compensation you need and deserve to get back on the road again.

When’s the Best Time to File a Car Accident Lawsuit?

Published on Nov 1, 2016 at 5:02 pm in Car Accident.
When’s the Best Time to File a Car Accident Lawsuit?

If you’ve been injured in a Kentucky car accident and have started to research your legal options, you might already be aware that you have a strict time limit, often referred to as a statute of limitations, to file a lawsuit against the other driver during. Kentucky statutes of limitations can be quite complex. If you’re wondering how long you have to file, knowing the details of your statute is imperative.

Beyond the details of your statute, knowing when to file a lawsuit almost always comes down to the specific details of your case. If you’re considering suing the other driver after a serious car crash, for example, you may want to speak to a personal injury lawyer as soon as possible after the accident occurs. Once a lawyer agrees to take your case, you will be protected from any insurance adjusters who may try and hound you. This can give you peace of mind.

Two-Faced Insurance: Low Settlement Offers

Published on Oct 3, 2016 at 1:24 pm in Car Accident.
Two-Faced Insurance: Low Settlement Offers

Were you seriously injured in a car, commercial truck, motorcycle, or pedestrian accident? If so, you might be concerned about being able to afford your medical bills. If your injuries forced you to miss quite a bit of work, you might also be worried about how you will continue to provide for yourself and your loved ones. Recovering from an auto accident is one of the most stressful situations a family can endure.

If you’re in the process of attempting to settle an insurance claim regarding the accident, there’s a very real possibility that the settlement offers you receive will be too low and will not cover the costs of the care you need. This is an unfortunate reality that many accident victims face. Luckily, you do have options.

Why are Insurance Settlement Offers Often Low?

When you sign up for auto insurance, the agency you sign up with will tell you that you’ll be in good hands if an accident should occur—no matter the nature of the accident or how serious it is. They may even tell you that you’ll have no issues receiving the financial assistance you need to recover from any injuries. Unfortunately, this generally never happens.

Why is that the case? It all boils down to money. In a car accident between two drivers, the insurance agencies of both drivers have a say. The insurance adjuster of the other driver will do everything in their power to get their client more money. This means that the settlement claims they send will likely be unfair to you and your injuries. If the adjuster is feeling particularly greedy, the claim you receive may not even be enough to pay for your basic medical needs—let alone any time spent off work.

If this happens, your own insurance agency may not be able to increase your received settlement amount. You will be asked to settle unless you wish to hire an attorney and fight the claim. It’s an extremely frustrating situation to be in—especially when you’re still trying to recover from your injuries.

Taking Action into Your Own Hands

As mentioned above, if you find yourself in this unfortunate predicament, you do have legal options. If you feel the accident was fully or partially caused by driver negligence, carelessness, or recklessness, you have a legal right to hire a Lexington, KY car accident lawyer who can fight on your behalf and demand a fair settlement. An attorney can ensure that you receive the full settlement amount you deserve—including financial help for any time you had to take off from work. These costs are often referred to as compensatory damages.

If you choose to go the route of filing a personal injury lawsuit against the guilty party, you may additionally be rewarded punitive damages on top of the expected compensatory damages. This extra amount can be used to help your family recover from any emotional hardships endured, for example.

Todd W. Burris is a personal injury lawyer who’s experienced in helping clients obtain full compensation and will do everything he can to ensure you and your loved ones are able to regain the lives you had before the accident. Contact our Lexington office to learn more and receive a 100% free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.

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