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Monticello Kentucky Personal Injury Blog

Working with your insurer to resolve bad faith practices

Even though you have responsibly paid your insurance premiums on a regular basis, you may still have difficulty receiving a claim payout. Known as insurance bad faith, it is not legal for insurance companies to respond to claimants in such a manner. However, that does not stop insurers from mistreating their clientele.

In our blog and on our website, we have discussed insurance bad faith in detail. To refresh your memory, two examples of such practices include an outright denial of your valid claim and excessive claim processing delays. Kentucky law offers victims of insurance bad faith the opportunity to take legal action against insurers, but you can also attempt to resolve the issue on your own. Use the following steps as a guideline if this solution sounds appealing.

  • Go over the complete contract between you and your insurer to look for claim violations.
  • Make a log detailing all elements of your original insurance claim such as photos, estimates and correspondence between you and the insurer.
  • If denied, request for someone with authority to review both your original claim and your denial.
  • If all of your efforts at resolution fail, send your insurer a written demand that they pay your claim and be sure to acquire proof of mailing.

Recognizing the signs of PTSD after a car crash

People often associate post-traumatic stress disorder (PTSD) with soldiers who've been in combat zones and people who have witnessed mass shootings like the ones we've seen all too often in recent years. However, victims of car crashes can also be left with PTSD -- sometimes long after their physical injuries have healed.

Car crashes can be traumatic events. Like any trauma, they can lead to PTSD. Some people are more likely to develop PTSD than others. That's why it's essential that victims of "single-incident" traumas are properly screened for PTSD and, if necessary, get treatment.

Did the recent federal shutdown put car owners at risk?

While the federal government is once again open, at least for the time being, the five-week shutdown had some serious impacts that could last far into the future. Besides the drastic effect that the shutdown had on the lives of federal workers and contractors, it also impacted the important regulatory work of federal agencies responsible for ensuring the safety of our food and other products.

Take the National Highway Traffic Safety Administration (NHTSA), which is an arm of the U.S. Department of Transportation (DOT). That department was one of a dozen that received no money during the 35-day shutdown. NHTSA investigates safety complaints about vehicles and enforces recalls by automakers. However, there were no automotive recalls last month while NHTSA's 300-plus employees were furloughed.

Why magnets in toys can be so dangerous to children

Many toys designed for children of all ages contain magnets. While all of us played with magnets and toys containing magnets as kids, the ones in some toys today are high-powered and can be extremely dangerous, and even fatal, if they're swallowed.

These high-powered magnet sets contain as many as 100 or more tiny, powerful magnetic balls or cubes. They were banned after they injured thousands of people, many of whom were children. The ban significantly reduced the number of injuries. However, that ban was overturned over two years ago.

Is drowsy driving as dangerous as drunk driving?

According to the National Sleep Foundation, 24 hours without sleep is like having a blood alcohol content (BAC) of .10, well above the legal limit. You may think you can drive late into the night, but this research shows otherwise.

While many drivers admit to driving sleepy, some have no choice. Truck drivers often feel that they must go without sleep to make a delivery on time, or a family emergency compels you to drive across the state. Drowsy drivers can create dangerous driving conditions everywhere.

Cellphones aren't the only dangerous distractions for drivers

When most people hear the term "distracted driving," they think of people talking or texting on their cellphone. Certainly, cellphone use is a particularly dangerous distraction. Here in Kentucky, unless you're under 18 or driving a school bus, it's not illegal to talk on a handheld phone while driving. It is illegal for any driver to use it to text, however.

Just because something is legal, that doesn't mean it's safe. There are many other ways that drivers can become distracted that aren't illegal but can be extremely dangerous. Let's look at a few.

Kentucky drivers: Beware dump trucks, cement mixers

When we hear that there's been a serious truck accident in Kentucky – or anywhere, really – what's the first thing we usually think of? A tractor-trailer was involved.

But the truth is, there are lots of types of trucks involved in accidents. Two types that contribute to a steady stream of truck crashes around the United States are ready-mix concrete delivery trucks and dump trucks.

Toy safety tips for holiday shopping

Whether you're toy shopping for your own kids this holiday season or for the children of family or friends, safety should be one of your primary concerns. Many people assume that if a toy is on the shelves or available through a reputable online retailer, it must be safe. However, sometimes hazards aren't discovered until after a toy or other product has been on the market for some time. Unfortunately, these discoveries are often made because a child is injured.

It's important to remember also that while a toy may be safe for kids in grade school, in the hands of a baby or toddler, it could be dangerous. That's why it's essential to pay attention to the age recommendations made by the manufacturers.

Kentucky's highest court opens door for malpractice lawsuits

In 2017, the legislature of Kentucky approved The Medical Review Panel Act. This required every potential medical malpractice case to be passed through a review panel before it could be heard in court. Three physicians would vote whether the case really involved substandard care. While not binding, their opinions — which could be used in court — could have a chilling effect on any case.

The measure was part of an effort to cut down on what officials claimed were too many frivolous malpractice cases. In effect, however, it created a barrier to the courts for a select class of litigants. Hundreds of medical malpractice suits simply ground to a halt, their progress toward the court delayed at the bottleneck the panel created.

Former Kentucky nurse faces medical malpractice lawsuit

A former Owensboro nurse is facing a medical malpractice suit. She is accused of providing incorrect treatment to a man who later died of a heart attack in November 2016. His widow named the nurse as the defendant in a lawsuit.

The nurse is accused of treating her patients with testosterone, even when there was no evidence that the treatment was needed. At the time she treated the woman's husband, his testosterone level was 600 nanograms per deciliter (ng/dl) – right in the middle of the recommended range of 300 ng/dl. Testosterone treatment is recommended when the levels fall below 300 ng/dl, according to the woman's attorney.

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