Bowling Green Kentucky Legal Blog

What evidence do I need to include with my SSD application?

Since your injury, you have been unable to go back to your Kentucky workplace and resume your career, and now it appears that you never will. Bills do not stop coming in when income is lost, but it appears that your disability will be covered by Social Security disability insurance. 

You will need to prove that you have a disability in order to receive SSD benefits, and the Social Security Administration provides details about the evidentiary requirements

Infant killed, woman paralyzed after man plows into intersection

Whenever people get behind the wheel, they are relying on their own decisions and sense of responsibility to make choices that will get them safely from one destination in Kentucky to another. However, everyone, no matter how careful and attentive they are, are subject to the actions of others. In unfortunate circumstances, the irresponsible and blatant carelessness of others can create extreme danger and forever alter the lives of innocent people. 

This was exactly what happened in a deadly car accident that happened in Utah recently. A man driving well over the designated 50 mph speed limit, plowed into an intersection after ignoring a red light. He first hit a truck and severely injured its 34-year-old male driver. Then, he continued at a high rate of speed and slammed into a mini van carrying a young family. The parents and a 2-year-old child were critically injured and a 5-month-old baby was killed after suffering blunt force trauma to her head and neck. The man's passenger was thrown from the truck and is now paralyzed from the diaphragm down. 

Accidents with uninsured drivers can leave you with major losses

Getting into a motor vehicle collision or crash can have a dramatic impact on your life. In addition to the potential damages to your vehicle and derailing of your schedule, you could suffer serious injuries that leave you with medical bills. In some cases, you could end up so badly hurt that you may not be able to return to work for some time.

You might assume that if you pay your vehicle insurance policy on time, you will always have protection from financial losses in the event of a collision. However, that simply isn't the case. Your insurance policy protects you from liability if you cause damage to someone else's property or injure another person. If the other driver causes the crash, his or her insurance has to pay for the costs. If the individual is not insured, you could end unable to file an insurance claim.

Headphones and distracted driving

Drivers may become distracted while operating a vehicle in numerous ways, whether they are holding a conversation with one of their passengers and divert their attention from the road or they try to change the radio station or eat food. However, headphones can be especially concerning, since it can interfere with a driver’s ability to hear sounds such as honking horns or distract them in other ways.

From listening to music on headphones to holding a business conversation through earbuds, anything that interferes with a driver’s ability to pay attention to the road is potentially very dangerous. When using earbuds or headphones, drivers might become distracted mentally, whether they like a particular song or are deeply involved in an important conversation. Moreover, those who play music loud, for example, may be completely unable to hear their surroundings.

Understanding elder abuse and when to report problems

When families in Kentucky make the difficult decision to put their elderly loved on in a nursing home facility, they place a considerable amount of trust in the staff members to provide compassionate and loyal care. While many nursing homes make it their number one priority to create a comfortable and safe environment for their residents, there are others who are careless and neglect patients which result in unnecessary injuries. 

According to the National Council on Aging, nearly 5 million elderly people experience some type of abuse each year. Shockingly, many cases are not reported to authorities. Elder abuse can occur in a variety of ways including the following:

  • Confinement
  • Financial exploitation
  • Sexual, physical or emotional abuse
  • Deprivation
  • Neglect

When pediatricians may be liable for malpractice

Finding a pediatrician that parents in Kentucky like and trust may seem challenging, particularly since they are trusting this medical professional with their children's lives. There are numerous mistakes a physician can make that compromise someone's health and well-being, and when the patient is a child, his or her whole future may be in jeopardy.

According to FindLaw, there are four primary elements that must be present before parents have a legitimate malpractice case that they may take to court. These include the following:

  1. The pediatrician had a doctor-patient relationship, which created the duty of care that every physician has to diagnose health issues and treat them as any other doctor would. 
  2. The pediatrician failed to perform that duty through a breach of the standard of care.
  3. The injuries that the child suffered were directly caused by that breach of duty, and the doctor either knew or should have known that the injuries were likely because of the breach.
  4. The results of the injuries, including medical costs, pain and suffering or other damages may be covered through financial compensation.

Is it the nursing home's fault your loved one fell?

Before your grandmother moved to the Kentucky nursing home where she now lives, she fell in her home and broke her hip. With nursing home staff to assist her in her daily living activities and medical help nearby, you may feel that falling should be a thing of the past. If she does fall, should you investigate further or accept that with age comes increased risk?

According to Managed Health Care Connect, falls are much more common in nursing homes than they are for people living elsewhere in the community, with between 50 and 75 percent of residents suffering falls annually. So how should nursing homes address the problem? Experts believe the answer should be based on the individual.

How widespread is driver fatigue?

There are a number of potential problems that can cause a driver to become dangerous on the road. For example, intoxication and disregard for speed limits can lead to a fatal collision. However, other risks which may not be as obvious, such as distraction and fatigue, are also very problematic. Drivers may become fatigued for different reasons, whether they take prescription medication which makes them tired, they work excessively long hours, they do not get enough sleep at night, or they suffer from a sleep disorder. Unfortunately, driver fatigue is far too prevalent.

According to the Centers for Disease Control and Prevention, it is estimated that one out of every 25 adult drivers reported to falling asleep on the road in the last 30 days, according to information gathered from research. Even when a driver does not fall asleep, being excessively tired can also cause a motor vehicle accident in different ways, such as causing a driver to lose the ability to stay in their lane or slowing down their reaction time. The CDC points out that in 2013, an estimated 800 lives were claimed and 44,000 people suffered injuries due to drowsy driving.

How to make a car insurance claim after an accident

The way you handle a car insurance claim after an accident will have a lot to do with how the process moves forward. If you make all the right decisions, you put yourself in position to receive the compensation you deserve.

However, if you make any mistakes along the way, it could hold you back in more ways than one. Fortunately, once you know how to make a car insurance claim, everything will fall into place.

Truck accidents and slick roads

Whether a truck is traveling at high speeds or a trucker gets behind the wheel even though they are too fatigued or intoxicated to drive safely, large truck wrecks have many causes. That said, things can go wrong even when truck drivers and all other drivers around them are driving responsibly. For example, slick roads due to freezing rain or ice can lead to a collision when drivers lose control.

It is particularly important for truckers to be extra cautious when road conditions are poor or during inclement weather. Sadly, some are in a rush or do not take extra care during these times. Any type of motor vehicle crash can be devastating, whether motorcycles are involved or only one small vehicle is part of a wreck. However, those which involve a large truck can be particularly devastating due to the massive size of the truck and the extra time that may be necessary for a driver to slow down.

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