About Law Help Louisville

Call 502-771-0588 for a Free Consultation

Call 502-771-0588 for a Free Consultation

Law Help Louisville is a website designed to provide up to date legal information for residents of the City of Louisville. This website is privately operated and affiliated with the law firm of Coleman, Roles, & Associates.

Located in the heart of Old Louisville, Coleman, Roles, & Associates can assist you in servicing your legal needs. If you have any questions or would like more information about a particular problem, feel free to email lawhelplouisville@gmail.com or call 502-771-0588. This website provides legal information generally, but does not provide specific legal advice, nor does it create an attorney-client relationship with Coleman, Roles, & Associates. If you would like hire Coleman, Roles, & Associates, please ask to schedule a free 1 hour consultation.

Car Accidents

Have You Been In A Car Accident? What you need to know

If you are injured in a car crash, chances are the insurance adjuster will attempt to settle the claim before you hire a lawyer. Did you know that an insurance settlement is likely to be much higher if a lawyer is involved? In fact, the Insurance Research Council found that on average, after payments of attorney fees and costs, an injured person receives 3.28 times more than a person who does not have a lawyer (Insurance Research Council 1999 study).  So if you have been injured in a car accident, stop reading and call an attorney immediately.

What happens next?

If you decide to hire an attorney, after consultation with you, an attorney may pursue various options to help you get the outcome you deserve. This includes filing a lawsuit on your behalf. This lawsuit can be settled prior to trial or litigated before a jury.  The choice is ultimately left up to the client.  If the decision is to settle the case, there are many factors that can affect the value of a case, and more importantly, how much money you will receive.  The settlement value of a case is a prediction of what a jury will decide your claim is worth.  Different juries, however, may arrive at different verdicts under the same set of circumstances.

It is important to know your rights and make the best decision for you, whether that means going to trial or reaching a settlement.  Many car accident attorneys operate on a contingency basis which means the attorney only gets paid if the client gets paid through settlement or trial.  If you have any questions, or require further information, don’t hesitate to contact us.

Kentucky’s No Fault Insurance Law

Even if an accident was your fault, by statute Kentucky has what is called “no fault” insurance requirements. Essentially, this means an insurance company is generally required to pay $10,000 in medical bills no matter who is to blame for the accident.  This is called Personal Injury Protection.  (for more information click here.) If your auto insurance company is refusing to pay your bills, you should seek counsel immediately.

Aaron Kemper, 502-771-0588

Do Not Negotiate Alone, Call an Attorney, 502-771-0588

If you, or someone you care about, has been injured in a car accident, contact legal counsel as soon as possible.  In Kentucky, there is a two year statute of limitations from the time of the car accident in which a complaint can be filed.  Do not hesitate to email any questions or request a free consultation at 502-771-0588.

Slip and Fall

In order to successfully bring a slip and fall claim in Kentucky, a victim must be able to prove the following four (4) elements against the owner of the property where the accident occurred.  Each element is described in detail below:

1)      That the owner owed a duty to the victim;

2)      That the owner breached that duty;

3)      That an injury followed; and

4)      That the owner’s breach of duty caused the injury.

Duty

The scope of a landowner’s duty depends on the victim’s purpose for being on the property.  The following legal terms describe the different duties depending upon the relationship between owner and victim.

Invitee
(Business Owner/Landlord)
This is the gold standard of duties and includes business owners, landlords, or other owners who invite someone on their property for their own economic benefit.  These owners owe the highest duty of care to customers and tenants (known as “invitees”).  This includes

a.)    A duty to warn invitees of the danger on their property;

b.)    Regularly inspect the property in order to identify dangers; and

c.)    To take reasonably prudent steps to repair any potentially dangerous condition.

slip and fall

Licensee
Owners owe a lesser duty to a “licensee,” who is someone such as a social guest that was invited to the property for some reason other than the owner’s economic benefit. The owner has a duty to warn these guests about dangers which the owner knew or should know about, but which the guest is unlikely to be able to see or avoid. NOTE:  In some states like Indiana, social guests are considered Invitees.

Trespasser
Property owners owe very limited duties to “trespassers.”  An owner, however, may NOT set a trap for the purpose of injuring trespassers.  When an owner knows that children are likely to trespass, owners potentially have a greater duty to protect these children from known dangers on the property.

Breach of Duty

In order to prove that the landowner breached their duty, the victim must prove that the owner could reasonably forsee that the victim would be injured by the danger and in the case of invitees, that the owner negligently failed to cure the danger.

 Injury

The accident victim must have evidence of a real injury as a result of the fall, usually one that a physician confirms.

Causation
The victim also must prove that a dangerous condition on the property directly caused the fall and resulting injury. For example, if an owner failed to remove a foreign substance from its store, but there is no proof that the victim actually slipped over the foreign substance, the owner can argue t
hat he or she is not responsible

 

If you, or someone you care about, has been injured as a result of a slip and fall accident, it is important that you contact legal counsel as soon as possible.  In Kentucky, there is a one year statute of limitations from the time of the accident for filing a slip and fall complaint.   Feel free to email or call 502-771-0588 for a free consultation regarding a potential slip and fall.