Bixler W. Howland, P.S.C.

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Louisville Personal Injury Law Blog

Pursuing an insurer for bad faith after denying a claim

Probably one of the most stressful things an injured person has to do after getting hurt in a car accident or other incident is file a claim with the insurance companies of the parties responsible for the injuries.

These companies are usually not eager to pay money, as they make a profit by not doing so. As a result, it can be very tempting even for their most well-intentioned employees to deny responsibility for their insured's actions even when an injured person presents a legitimate claim.

Representing clients in informed consent cases

A previous post on this blog reminded Louisville residents who are contemplating going under the knife or having another medical procedure of their rights and options.

Of course, under Kentucky law, they can expect that their doctor will be reasonably careful and adhere to the established standard of care. If they do not do so, then the patient has the right to pursue compensation for any injuries that result.

Administration continues to scale back nursing home rules

To follow up on this blog's previous post, the Center for Medicare & Medicaid Services, or CMS, recently confirmed that the new Administration is taking a more laissez-faire approach to enforcing federal nursing home regulations, at least when it comes to violations that the Administration considers minor or isolated.

Specifically, new internal guidance about how CMS imposes fines on nursing homes which accept Medicare or Medicaid patients but don't follow the programs rules that are meant to assure patients get good care mean nursing homes will either not get fined, or will pay less, when they are caught violating regulations.

These 5 causes of truck accidents are reason for concern

As you make your way down the highway or through the tight roads of a crowded city, it's safe to assume that you will find yourself in close proximity to a variety of commercial vehicles.

Due to the size difference alone, you never want to find yourself in an accident with a truck. Even a minor fender bender can result in serious injury or even death.

The meaning and importance of informed consent

Most Louisville residents recognize that when a doctor makes mistakes his or her diagnosis or treatment, or one's surgeon does something wrong in the operating room, then that doctor has an obligation to make the patient whole again.

While a doctor obviously cannot undo what has already been done, he or she can ensure, usually through his or her medical malpractice insurance carrier, that the patient gets paid for the patient's additional medical bills and lost wages, as well as for pain and suffering.

Pursuing compensation for accident victims

Many personal injury attorneys in the Louisville area will no doubt brag about how they are not afraid to take a case to trial and fight for their clients so that these car accident victims get all of the compensation to which they are entitled.

Our law office also takes pride in its willingness to go to trial and its abilities to win once there. We believe our track record at trial and other hotly contested proceedings proves that when another driver is at fault for our client's injuries, we will aggressively seek out compensation from that person or, more properly, that person's insurance company.

New federal safety rules in limbo for 18 months

The Center for Medicare & Medicaid Services (CMS), which administers or helps administer two major federally funded health programs, recently declared a grace period on certain new rules, which would have applied to many Kentucky nursing homes. The previous Administration pushed forward these new rules in an effort to improve nursing home safety.

The new rules, which were the first update in a long time, were scheduled to take effect at the end of November, meaning that at that point, nursing homes which participate in Medicare, the federal program which provides care for seniors would have had to follow them or face the possibility of fines, having a claim automatically denied or, in the worst cases, losing their right to get payment from Medicare at all.

The negligence per se doctrine and its importance

Louisville, Kentucky, residents who have been seriously injured in car accidents probably have little time to think about the nitty gritty details of the law and legal principles. They just want someone to hold the negligent driver who caused the accident accountable and to get compensation for the medical bills, lost wages and other losses which they did nothing or very little to deserve.

However, these doctrines are oftentimes the key to helping an injured person legally prove that another driver is in fact at fault for an accident and to do so with relative ease. This helps tremendously in a personal injury case because it increases the likelihood that someone who got hurt in a Kentucky accident will get the compensation they need and deserve.

Steps to safely share the road with commercial trucks

Most people take great care when driving in close proximity to large trucks, and with good reason. Although commercial trucks, such as eighteen-wheelers and semi-trucks keep stores and manufacturing facilities stocked with goods and supplies, they also pose a risk to people on the road. Huge and heavy, with limits to their ability to quickly stop or otherwise maneuver to avoid a crash, commercial trucks can cause significant damage when handled irresponsibly.

Chances are that you won't be able to avoid commercial trucks, no matter how little you drive. These vehicles are regular sights all over freeways and interstates, as well as country roads and city surface streets. Thankfully, there are certain steps you can take to reduce the risk posed by these massive vehicles when you're driving.

Representing families after a fatal workplace accident

A previous post on this blog discussed how the families of Louisville residents who tragically get killed in a work-related accident can recover compensation.

For one, in the vast majority of cases, workers' compensation benefits are available to a family after the death of a worker. Our law office can help a family with questions about these benefits; however, as the previous post warned, worker's compensation benefits will not pay for all of the financial losses a family faces after the death of a loved one.

Bixler W. Howland, P.S.C. | 401 W. Main Street, Suite 1807 | Louisville, KY 40202 | Phone: 800-357-6724 | Map & Directions