Car Wreck Lawyer Elizabethtown KY | Personal Injury Attorney
Attorney Tyler Fleck and his family are residents of Elizabethtown. Tyler attended the University of Kentucky for undergrad and the University of Louisville for Law School. His wife is from the Elizabethtown KY area and attended John Hardin for high school. The Fleck family is involved in the local business, legal and social communities and both Tyler and his wife work as attorneys. Tyler and his wife were married at St. James Church and had the reception at Fort Knox.
What is Personal Injury?
Many types of injuries fall under the umbrella term “personal injury.” You may have suffered an injury if you were harmed at work, in a traffic accident, using a defective product, or receiving improper healthcare. If this was due to negligence on the part of someone else, you may be able to make a personal injury claim to receive monetary compensation.
Compensation can include damages you’ve already incurred as well as future damages, such as medical expenses, loss of wages, lost earning capacity, and general damages. General damages covers compensation for your pain and suffering, disability, disfigurement, and loss of enjoyment in life.
Elizabethtown KY Has a High Rate of Accidents
While Elizabethtown has much to offer, the city has a high rate of car and truck accidents. According to the Kentucky Department of Transportation, Hardin County had over 6,600 motor vehicle accidents in the past two years. That is more than the state average of accidents per capita. It could be caused by the fact that I-65 and the Western Kentucky Parkway both pass through Elizabethtown. It could also be caused by heavy stop and go traffic on 31W (Dixie Highway.) Whatever the reason, please drive carefully when you are in town and pay attention to the road signs.
Did Faulty Maintenance Cause Your Injury in a Wreck in Kentucky?
If you’re injured in an accident, one reason might be poor maintenance, whether you were in a car, in a building, or walking on a sidewalk. There are people, governments, and businesses responsible for keeping things in good repair. If they don’t live up to that obligation, a lawsuit may provide compensation for your injuries.
Bad maintenance can injure or kill in many circumstances.
Family members of a Utah couple killed in a 2017 plane crash claim the Beech aircraft’s fueling mechanism was a cause of the accident, which killed four people, reports KSL.com. Perry and Sarah Huffaker’s next of kin sued Wisconsin-based Eagle Fuel Cells, claiming a fuel bladder was faulty. The couple, the pilot and his wife, were killed when the plane crashed onto a highway outside Salt Lake City shortly after take-off. The family is also suing 12 businesses they say were responsible for maintaining the aircraft.
A case involving a 2006 accident on the Son of Beast roller coaster at Kings Island in Ohio was based on claims the park failed to fix known dangers, reports the Springfield News-Sun. Rick Schmizze investigated the accident for the Ohio Department of Agriculture. He testified the amusement park owners knew in 2000 the coaster had problems. “They would fix them in a Band-Aid style and then wait and see what happened,” he testified. “They never really stopped and said ‘we’ve got a problem with this ride as a whole.’ ” The accident sent 27 people to the hospital.
A limousine crash that left 20 dead in 2018 is being blamed on poor brake maintenance, reports the Albany Times Union. A stretch Ford Excursion limousine had 18 people inside. It left Amsterdam, New York, on its way to Cooperstown when it left Route 7 in Schoharie. The limo didn’t stop at the end of the exit, hit a parked SUV, struck and killed two pedestrians, went into a ditch, and flipped over, killing all those inside. New York State Police stated faulty brakes were the cause. Imprints from the driver’s shoe were found on the brake pedal, showing he frantically tried to stop. Survivors’ families sued the limousine company for failing to maintain the vehicle. The company owner blames Mavis Discount Tire, which worked on the vehicle before the crash.
If you’re injured due to an car accident, you must contact an Kentucky lawyer as soon as possible. A car accident attorney can assist you. After we’re retained, we can investigate what happened. Only after we know the facts can we determine who should be held accountable and why. The longer the time from the accident to our involvement, it becomes more likely evidence could be lost, witnesses may be harder to find, or their memories may fade. Poor maintenance may have caused the accident that caused your injury, but we will need evidence to prove it.
Were you or a family member injured in an accident caused by another party? If so, call The Fleck Firm, a lawyer in Elizabethtown, for a free consultation at (270) 446-7000. We’ll talk about the accident, your injuries, the law, and your best options to proceed. Insurance companies have lawyers. You should have one too.
What Happens If You Go to Litigation?
If you’re unable to settle a case through a demand package, it will be necessary to file a lawsuit, which begins with the process of litigation. Your attorney will serve the at-fault party (or parties) with summons along with a complaint — a document that summarizes your claims. The at-fault party will then need to file a response.
After this comes the discovery phase. Your lawyer and a representative for the at-fault party will request documentation from each other through a formal procedure. The process may also involve questioning witnesses under oath.
Usually, litigation results in mediation, where the two sides attempt to settle the case. The majority of the time in personal injury lawsuits, it’s possible to resolve the case through mediation and there’s no need to go to trial.
Types of Personal Injuries
As we said up top, there are many different types of personal injuries. As all are quite distinct from one another, it’s useful to consider each in turn.
In addition to car accidents, traffic accidents can involve trucks, motorcycles, bikes, and even pedestrians. In the best case scenario, injuries are only minor. However, it’s also possible to suffer life-changing injuries, such as loss of limbs, head or spinal cord injuries, and brain damage. It is not uncommon for a traffic accident to lead to a death.
In many cases, it is unclear who was at fault until an investigation is complete. Whereas the negligent party is often a driver, other times the accident may be due to a defective vehicle, improper signage, or poor road conditions.
It’s common for personal injuries to happen in places like construction sites, factories, and warehouses. However, it’s also possible to suffer an injury in many other situations, such as when lifting a heavy object, through electrocution, or through an accident with a hand tool.
Injuries on worksites are often due to poor oversight, faulty equipment, or unsafe working conditions. Negligence may be attributed to an individual, your employer, or the manufacturer of some equipment or a vehicle.
If you suffer an injury while working, you may be eligible for workers’ compensation. Even if you work as a contractor, it may be possible for an attorney to argue this case, as your employer could have misclassified your work status.
After a dog attack or bite, you may suffer from both physical and psychological injuries. To receive compensation, you will need to establish the identity of the dog and make a record of your injuries. In most cases, the owner of the dog will be considered negligent. An exception is if it is determined that you were trespassing on the owner’s property.
There are new product recalls in the news almost every day. These range from vehicle parts and electronics to furniture and toys. If you suffer an injury as a result of a defective product, the process to receive compensation can be complex.
Your attorney will first need to identify all the parties who are potentially responsible, including the manufacturer who assembled the product, everyone who was involved in making the components, and the retailer of the final product.
The next step is determining where the error occurred. It could be during design, manufacturing, or labeling. Technical as well as medical experts may need to become involved at this point to effectively prove your claim. Together, they will determine if the product was directly responsible for your injuries, whether the injury was preventable, and whether you could have foreseen the potential for injury.
Slip and Fall
You may have a case for a slip and fall personal injury claim if the owner of the property where you had your accident failed to implement a safety hazard or failed to warn people of the risk. Such accidents fall under premises liability and apply to both private and public property.
Examples of slips and falls include:
- Slipping on wet floor.
- Tripping due to poor condition of flooring (such as broken tiles, torn carpeting, uneven sidewalks, and potholes).
- Falling because of inadequate lighting or broken stairs.
A medical malpractice case could be due to a failure to diagnose cancer, a birth injury, a defective medication, or an inappropriate prescription. In fact, any case where the healthcare provider failed to meet an applicable standard of care could mean you are entitled to financial compensation.
In Kentucky, there is a one-year statute of limitations for medical malpractice. For this reason, it is important to start your claim early if you suspect you may have suffered harm due to medical negligence. Although the courts can decide to extend documentable instances five years after suspected negligence or discovery, you cannot rely on this being the case for you.
Many of the above could lead to a wrongful death. In such cases, you will be seeking a personal injury claim on the behalf of someone else, which means the process will be slightly different. In Kentucky, the personal representative of the victim must file the lawsuit on behalf of all surviving family members. This representative is the executor of the deceased’s estate — often a spouse or another close relative.
Damages in a wrong death case may include funeral expenses, loss of income, and punitive damages to punish the at-fault party in the case of gross negligence or assault. There are also survival claims, which allow you to recover expenses incurred by medical treatment if the victim survived for some time immediately after the accident.
The amount awarded from a wrongful death claim is divided among close relatives. After accounting for expenditures for the funeral, medical bills, and legal costs, half of the sum goes to the spouse and the other half is split between the victim’s children. If the deceased has no spouse, the children receive the full amount. If there are no children, the victim’s spouse receives the full amount. If the deceased has neither a spouse nor children, the damages go to the parents. Finally, if the victim has none of the above, damages are distributed among other relatives in accordance with Kentucky estate laws.
If you have suffered an injury and believe someone else may have been at fault — or if a close relative has tragically suffered a wrongful death — it is always worthwhile talking with an experienced personal injury attorney. You could be entitled to a large sum. As most attorneys offer a free initial consultation, you’ll lose nothing to find out.
Contact Us Today
The Fleck Firm is here to help you. Our office is in the Cool Springs shopping center on Ring Road. We represent a large number of residents residing in Western and Central Kentucky and all across the bluegrass.
The law places limits on how long you have to file after you have been injured. The general idea behind filing a claim is to ensure that any injuries you have obtained are compensated adequately and fairly. The object of this process is to place you back in the position you were in had you not been involved in an accident.