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Does Your Kentucky Auto Insurance Policy Include Underinsured Motorist (UIM) Coverage?

By Whitfield Crosby & Flynn |

Every Kentucky driver must purchase and carry auto insurance. But what exactly does that insurance cover? By law, a Kentucky car insurance policy must provide a minimum amount of liability coverage and personal injury protection. The former protects you in the event you are sued for causing an accident, while the latter provides you… Read More »

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When Is a Kentucky Escalator Accident Lawsuit Heard in Federal Court?

By Whitfield Crosby & Flynn |

Using an escalator is not typically considered a risky or dangerous activity. Of course, like any mechanical device an escalator can fail due to improper design, construction, or maintenance. Such failures can cause serious injuries, even death, and when that happens the elevator manufacturer and other parties may be held civilly liable in a… Read More »

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Understanding “Proximate Cause” in a Kentucky Car Accident Lawsuit

By Whitfield Crosby & Flynn |

In any Kentucky personal injury lawsuit, the plaintiff has the burden of proving the defendant’s negligence. In turn, there are several elements of negligence. First, the plaintiff needs to establish the defendant owed them a duty of care under the law. Second, the plaintiff must show the defendant breached that duty. Third, the plaintiff… Read More »

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How “Misuse” May Be a Defense in an Indiana Product Liability Lawsuit

By Whitfield Crosby & Flynn |

Any company that manufactures and sells a consumer product has a legal duty to ensure that product is safe for its intended and ordinary use. If a product has a defect in its design or manufacture, or the instructions do not contain proper warnings about any known safety risks, the manufacturer may be held… Read More »

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How Do You Serve a Kentucky Truck Accident Lawsuit on a non-U.S. Driver?

By Whitfield Crosby & Flynn |

When you file any type of civil complaint, such as a personal injury lawsuit, in Kentucky, you must also complete service of process on the defendant. That is, you need to formally notify the person or persons you are suing about your lawsuit. Normally, when you sue a Kentucky resident, this is done by… Read More »

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Was a Mailbox Responsible for Causing a Kentucky Single-Car Accident?

By Whitfield Crosby & Flynn |

Personal injury claims arising from car accidents require the plaintiff to prove the defendant’s negligence was the proximate cause of the crash. In most cases this is a fairly simple proposition. For instance, if a driver speeds through a red light and hits another car, it is easy to connect that driver’s reckless actions… Read More »

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What Is an Indiana Property Owner’s Obligation to Remove Snow From Its Parking Lot?

By Whitfield Crosby & Flynn |

A common problem faced by slip-and-fall accident victims is the need to prove that the property owner had “constructive knowledge” of whatever it was that caused the victim to fall in the first place. For example, let’s say you slip and fall on an icy sidewalk outside the supermarket. The supermarket owner is only… Read More »

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Is a Kentucky Fraternity Liable If Someone Dies from Binge Drinking?

By Whitfield Crosby & Flynn |

According to the Centers for Disease Control and Prevention, about 178,000 people die in the United States each year due to “excessive drinking.” About one-third of those deaths are from binge drinking. And not surprisingly, many of those binge drinking deaths involve college students, who often consume alcohol to excess at social gatherings like… Read More »

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How Do You Divide the Proceeds of a Kentucky Wrongful Death Settlement Among Multiple Claimants?

By Whitfield Crosby & Flynn |

A wrongful death lawsuit is a statutory personal injury claim brought by the personal representative of the victim’s estate to recover financial compensation on behalf of the surviving family members. Under Kentucky’s wrongful death law, if the victim left both a surviving spouse and children (or other descendants), the amount of any wrongful death… Read More »

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The Difference Between “Negligence” and “Gross Negligence” in Indiana Personal Injury Cases

By Whitfield Crosby & Flynn |

To win a personal injury case in Indiana, or any other state, you need to prove that the defendant was somehow “negligence.” Ordinary negligence means the defendant violated some duty of care owed to the plaintiff by law. A simple example would be a driver who runs a stop sign and causes an accident… Read More »

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