Personal Injury
If you are injured by the negligence, carelessness, or recklessness of another person or entity, there is a good chance you have a personal injury claim. At Hayden Sweat & Associates, we represent individuals who have been seriously injured through no fault of their own. Selecting the right personal injury lawyer is critical to success and ensuring you are fairly compensated for your injuries.
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PREMISES LIABILITY/SLIP & FALL
Premises liability entails any situation where you can hold a third party liable for an injury that occurred on their property. The most common premises liability claim is a “slip and fall.” This is a negligence claim based on the allegation that the property owner failed to maintain his or her property in a safe condition, and that failure to maintain the property resulted in injury to a person. Under Kentucky law, the possessor of land has a duty to an invitee to maintain his property in a reasonable and safe condition and to use reasonable care to discover unsafe conditions. When the possessor of land breaches this duty and it results in injury, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
These falls can take place on a business premises, parking lot, hotel, apartment complex, or in someone’s home. Unfortunately, injuries sustained from slip and falls can be very serious. There is a wide range of injuries that can be sustained from these falls such as soft tissue injuries, chipped teeth, lacerations, broken bones, traumatic brain injuries, and even paralysis.
If you are injured in a fall, it is important to document the scene of the accident (take pictures, notes, etc.), report the fall, and seek medical treatment.
Remember, you only have a certain amount of time to settle your premises liability claim or file a lawsuit or your claim can be forever barred. Generally, the statute of limitation for a slip and fall claim is one year from the date of the incident. If you were injured in a slip and fall accident, call Hayden Sweat for a free consultation.
DOG BITES
While a dog may be considered “man’s best friend,” the reality is that dogs are not always friendly. People commonly suffer serious injuries from dog bites resulting in costly medical bills and significant pain and suffering. Dog bites often result in financial hardship for the injured victim and his or her entire family.
Kentucky law is designed to hold the owner of the dog accountable for injuries caused by the dog. There may be recovery from the homeowner’s insurance policy or the renter’s insurance policy.
PRODUCTS LIABILITY
Every year, thousands of people in Kentucky are injured by defective products. If you have been seriously injured by a defective or dangerous product, you may have a products liability claim against the manufacturer, designer, or supplier of that product. Products may be considered defective or unreasonably dangerous if they contain a design defect, manufacturing flaw, or if there is an inadequate warning.
It is imperative to preserve evidence of the defective product. Whether that be a defective seatbelt, faulty tire, medication with dangerous side effects, an improper label, toys or tools that come apart/break while in use, or a defective power tool, preserving the product can be critical to a successful products liability claim.
We have a right to expect that the products we purchase or use are safe. If you or a loved one have been seriously injured by a defective product, you may be entitled to compensation for your medical bills, past and future loss of income, and your pain and suffering. Call Hayden Sweat for a free consultation.
WRONGFUL DEATH
A wrongful death case exists when a person dies as a result of the negligence or recklessness of another person or entity. In such cases, the law provides for the ability of their family members to file a lawsuit on the decedent’s behalf. Wrongful death cases can arise in Kentucky in any number of circumstances, including death from an automobile accident, tractor-trailer crash, medical malpractice, or a defective product.
In Kentucky, wrongful death actions are controlled by state statute (KRS 411.130). In order to pursue a wrongful death action, an estate must first be opened and a representative of the estate appointed. Generally, an estate is opened in the district court where the loved one resided. Pursuant to KRS 411.130, Kentucky law only allows certain family members to recover for the wrongful death of a loved one.
Those family members can recover medical bills, funeral bills, loss of earning capacity, and the pain and suffering endured by the decedent. There are other potential damages that may be recovered in a wrongful death action, and you should consult with an attorney if your loved one has died as the result of another’s negligence. If a loved one has passed away due to the negligence of another person or entity, know that you are not alone. Hayden Sweat understands that no amount of money can bring your loved one back. However, monetary compensation will allow the family members to continue life with less financial worries, as well as achieve justice against the party responsible for the wrongful death. Contact Hayden Sweat for a free consultation