Social media has become so much a part of our lives. We use it to show everything from eating at a restaurant, doing a home project, or activities we’re participating in. In a Personal Injury Claim, social media can also be harmful. Social media posts can be used against you to weaken the credibility of your case, which directly affects the amount of money you receive.

Some things to think about when using Social Media:

1. Opposing counsel may find your posted picture while at a bar or an event shortly after the accident. This could demonstrate that you’re not suffering the emotional distress or trauma that you claim.

2. In a claim where you’re suing for loss of wages, if a defense attorney finds a home project that you shared on social media after an accident, this could provide evidence that your activity level is not as limited as you say it is.

3. Don’t post pictures of you participating in strenuous activities. This could help defense counsel to argue about the extent of damages that you have suffered due to your injury.

4. Limit your social media usage and take precautions while posting any status, picture or even commenting on a post.

5. Refrain from posting pictures which can weaken your argument, or perhaps don’t post any pictures at all until your case reaches the completion.

6. In car related accident claims, social media posts that imply that you are drunk or consuming alcohol could damage your case. Opposing counsel could use this to establish that this could have played a role in the accident. Conversely, your lawyer may also benefit from social media, finding that the defendant was driving under influence, which could strengthen your personal injury claim.

If you have questions about a personal injury claim, contact an experienced personal injury attorney. They can properly advise you on what to do (and what not to do), and get you the money you deserve!

Get The Law On Your Side

Call 502-589-0635

YOU don’t pay unless WE win
Let our experienced attorneys fight for you

Meidinger Tower

462 South 4th Street, Suite 1750

Louisville, KY 40202

The post Can Social Media Weaken My Personal Injury Claim? appeared first on Nutt Law Office.

Insurance companies are around to protect consumers or individuals from: medical malpractice, injuries, or recovering money after damages to property. Unfortunately however, after one of these life altering events occur these insurance companies aren’t always keen to pay up. Insurance companies are profit generating businesses, meaning at the end of the day they are trying to make the most money possible. Because of this, insurance companies have teams of individuals assigned to each claim-evaluating it’s merit and often times trying to deny coverage. Thats where personal injury lawyers step in. Insurance companies have teams of individuals working for them, why shouldn’t you have the same?

Involved In An Accident

If you have been involved in an accident it is almost always a good idea to get a personal injury lawyer involved. Even the most minor of accidents can lead to whiplash symptoms, expensive fixes in vehicles or injury to the driver. If your insurance company decides it isn’t going to cover these damages you may be on the hook for the bill.

Dealing With Insurance Companies

Personal Injury lawyers specialize in settling cases with insurance companies. Personal injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.

Find The Right Attorneys For You.

The attorneys at Nutt Law Office are dedicated to providing aggressive and proven representation to clients who have been injured due to someone else’s negligence or misconduct. Our firm specializes in all matters relating to personal injury, accidents, and more. We have been serving the community for over 50 years.



The post When To Hire A Personal Injury Attorney appeared first on Nutt Law Office.

The Stats

Alcohol-impaired crashes are those that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 percent or above, the legal definition of impaired driving. According to NHTSA 10,497 people died in alcohol-impaired crashes in 2016, up 1.7 percent from 10,320 in 2015. In 2016 alcohol-impaired crash fatalities accounted for 28 percent of all crash fatalities.
The Federal Bureau of Investigation estimates 1,017,808 drivers were arrested for driving under the influence of alcohol or narcotics in 2016. The arrest rate works out to one arrest for about every 215 licensed drivers in the United States.
Information Provided by:
https://www.iii.org/fact-statistic/facts-statistics-alcohol-impaired-driving

Steps To Take In Your Personal Injury Case

First Steps After an Accident or Injury
* Take Notes After an Accident or Injury
Writing down the details after an accident is more accurate than relying on your memory.
* Personal Injury Accidents: Preserve Evidence
The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened — and documenting your injuries.
* Getting Your Medical Records: Information on Rights, Procedures, and Denials
Your right to obtain medical records, and tips on how to get them.

Louisville DUI Personal Injury Attorneys

We’re taught from a young age that drinking and driving is bad, and for good reason. When someone gets behind the wheel after a few drinks, they are putting themselves and everyone they pass in danger. At Nutt Law Office, we’re serious about protecting the rights of anyone who has been injured because of a drunk driver in the Louisville area.

If you or a loved one has been injured in a DUI-related accident, you deserve to be compensated for your injuries and any damage to your property. The attorneys at Nutt Law Office work tirelessly to make sure our clients are taken care of emotionally and financially.
Discover what Nutt Law Office can accomplish on your behalf, and meet with our skilled personal injury attorneys for a free initial consultation. We’ll help you collect the necessary evidence to prove who was at fault for the accident and recover the compensation you need.

The post DUI Related Injuries & Attorneys appeared first on Nutt Law Office.

Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:
* Formal Lawsuit – Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the “plaintiff”) files a civil complaint against another person, business, corporation, or government agency (the “defendant”), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit”. Our discussion on negligence and proof is especially helpful.
* Informal Settlement – In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
https://injury.findlaw.com/accident-injury-law/personal-injury-law-the-basics.html

Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

How Long Do I Have To File A Lawsuit

Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. If you miss the statutory deadline for filing a case, your case is thrown out of court.

Settling A Case

Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You’ll actually sign a release absolving the other side of any further liability. To help you decide whether to accept the settlement offer, your lawyer will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not the lawyer’s.

Justice For Everyone.

Nutt Law Office is a locally owned and operated law firm serving the citizens of Louisville, Kentucky and the surrounding counties since 1979. Our experienced and accomplished attorneys specialize in representing people in automobile accidents, slip and fall injuries, workers compensation issues, medical malpractice, social security disability, as well as probate and estate matters. Nutt Law Office has the experience, expertise, and toughness required to fight insurance companies, government agencies, corporations, and other high powered legal teams. We take great pride in caring for our clients as if they are a part of our own family.

The post What is a Personal Injury Lawsuit? The Basics appeared first on Nutt Law Office.

Recklessness & Medical Malpractice

Although medical malpractice most commonly is associated with inattention or carelessness on the part of doctors and other health care professionals, the term also includes reckless or intentional misconduct, ranging from discharging a patient prematurely for financial reasons to performing surgery for which the patient has not consented to sexual assault on unconscious patients.

If the victims of such conduct or inaction are able to prove that the provider’s wrongdoing caused their injuries, they will be entitled to a money award to compensate them for what they have lost as a result. Many attorneys will accept such cases on a “contingency fee basis,” that is, taking fees only out of the money they win for you.

This area of law is complex and difficult for injured patients because of numerous technical advantages held by the providers (and their insurance companies). It is therefore particularly important in medical malpractice cases to find an excellent attorney to represent you. It is also important to do so promptly because there are severe (and often arbitrary) time limits on when

Information provided by: https://bestlawfirms.usnews.com/medical-malpractice-law-plaintiffs/overview

To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both mens rea and actus reus. A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.
Criminal law recognizes recklessness as the second of the four main classes of mental state constituting mens rea elements to establish liability, namely:
* Intention: intending the action; foreseeing the result; desiring the result.
* Recklessness: intending the action; foreseeing the result; NOT desiring the result but continuing anyway, with “reckless disregard”.
* Carelessness: intending the action but failing to take care; carelessly failing to foresee the result; NOT desiring the result.
* Innocence: being without blame (and possibly not even an actor in the acts reus).
Intention and recklessness both provide sufficient mens rea for a criminal conviction. Recklessness shows less culpability than intention, but more culpability than criminal negligence. Carelessness is not normally criminal, except in specific offences as “driving without due care and attention”. Innocence will lead to liability only for crimes of strict liability.
The tests for any mens rea element relies on an assessment of whether the accused had foresight of the prohibited consequences and desired to cause those consequences to occur. The three types of test are:
1. subjective where the court attempts to establish what the accused was actually thinking at the time the actus reus was caused;
2. objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements, (although R v Gemmell and Richards deprecated this in the UK); or
3. hybrid, i.e. the test is both subjective and objective.

Information provide by:  https://en.wikipedia.org/wiki/Recklessness_(law) 

What Damages Can You Recover?

If you establish that your early discharge amounts to medical malpractice, you may be able to recover the following as damages:
* Medical Bills – This will be limited to those bills which would not have been incurred were it not for your early discharge.

* Lost Earnings – If you missed work due to your early discharge, you may recover the amount of income you lost during that time.
* Lost Ability to Earn an Income – If you cannot engage in certain work activities because of the harm caused by your early discharge, you may be able to receive compensation for this measurable monetary loss.
* Pain and Suffering – There is no hard and fast rule for determining what this amount will be, but it will be based in part on the severity and permanency of the harm you suffered as a result of your early discharge.

Personal Injury Lawyers You Can Trust

If you or a loved one has been injured due to the negligence of a medical professional, you may have a case to file a claim for medical malpractice. At Nutt Law Office, we’re dedicated to collecting the facts of your case, as well as any physical evidence of negligence to make sure you receive the compensation you deserve.
When you contact Nutt Law Office, we’ll provide you with a free initial consultation to discuss your case. We never collect a fee unless we successfully resolve your case!

The post Recklessness In Medical Malpractice appeared first on Nutt Law Office.

The stats

The National Fire Protection Association (NFPA) says people report more fires on the Fourth of July than on any other day in the year. From 2009 to 2013, fireworks started about 18,500 blazes.
Children are particularly at risk. Those between five to nine years old are the most likely to be hurt by fireworks. Kids 10 to 19 followed as the second most vulnerable group. In 2014 alone, firecrackers and similar explosives injured nearly 10,500 youths.
You may believe “kiddie” fireworks like sparklers or pop-pops aren’t dangerous. But even they can cause fires or serious injuries. In fact, sparklers caused more than one-quarter of fireworks-related damage in 2014. That makes a lot of sense after you hear sparklers burn at 1,200 degrees Fahrenheit.

Your Legal Rights Regarding a Firework Injury

Provided by: Find Law

Whether a spectator at a fireworks show gone wrong or the user of a malfunctioning firework, victims may be able to recover damages for their injuries. Depending on the circumstances of the firework injury, a number of legal theories may apply.
Injured spectators may be able to hold the person or company setting off the fireworks liable through negligence. Even the person or entity that organized the show – including cities that hire fireworks companies – may be liable for failing to properly supervise such the activity. Even though a city’s liability may be limited by state law, entities hiring fireworks companies still have a duty to protect bystanders from injuries. Cities can fail in fulfilling this duty and open themselves up to liability by allowing the use of illegal fireworks or by failing to obtain the proper permits.
When fireworks malfunction and cause injury, victims may be able to recover damages from the manufacturer, the importer of foreign-made fireworks, or the local retail seller. Because all of these entities have a duty to sell products that function properly, they may be liable for any injuries caused by a defective firework. However, the vast majority of fireworks are produced in China, so suing the local fireworks stand operator is often the only way for victims to recover damages. Even individuals who misuse fireworks may still be able to recover damages for their injuries if they can prove that a defect, rather than their negligent conduct, caused the injury.
If you have suffered a firework injury, it may be in your best interests to contact a personal injury lawyer to learn more about your legal options. A product liability attorney will be able to evaluate your claim and help you determine a course of action.

Personal Injury Lawyers

The attorneys at Nutt Law Office are dedicated to providing aggressive and proven representation to clients who have been injured due to someone else’s negligence or misconduct. Our firm specializes in all matters relating to personal injury, including: Slip and fall accidents, Medical malpractice, Nursing home abuse, Dog bites and animal attacks, Wrongful death, Automobile accident, Pedestrian accidents, TARC bus accidents, and DUI accidents.

If you or a loved one has been involved in an accident and suffered injuries or damages because of it, contact the skilled Louisville personal injury attorneys at Nutt Law Office. We offer a free initial consultation to discuss your case!

The post Firework Personal Injury Lawyer appeared first on Nutt Law Office.

Regardless of your stance on coal one thing is for certain: without the proper protective measures taken, it’s extraction and processing can be extremely dangerous of the individual worker (like many manufacturing industries). Nutt Law Office exist to help the people of Kentucky, because of this we want to highlight one common problem that arrises in many coal workers and what measures there are to protect them:

Coalworker’s pneumoconiosis

Coal workers’ pneumoconiosis (CWP), also known as black lung disease or black lung, is caused by long-term exposure to coal dust. It is common in coal miners and others who work with coal. It is similar to both silicosis from inhaling silica dust and to the long-term effects of tobacco smoking. Inhaled coal dust progressively builds up in the lungs and cannot be removed by the body; this leads to inflammation, fibrosis, and in worse cases, necrosis.

Coal workers’ pneumoconiosis, severe state, develops after the initial, milder form of the disease known as anthracosis (anthrac — coal, carbon). This is often asymptomatic and is found to at least some extent in all urban dwellers due to air pollution. Prolonged exposure to large amounts of coal dust can result in more serious forms of the disease, simple coal workers’ pneumoconiosis and complicated coal workers’ pneumoconiosis (or progressive massive fibrosis, or PMF). More commonly, workers exposed to coal dust develop industrial bronchitis, clinically defined as chronic bronchitis (i.e. productive cough for 3 months per year for at least 2 years) associated with workplace dust exposure. The incidence of industrial bronchitis varies with age, job, exposure, and smoking. In nonsmokers (who are less prone to develop bronchitis than smokers), studies of coal miners have shown a 16% to 17% incidence of industrial bronchitis.
In 2013 CWP resulted in 25,000 deaths down from 29,000 deaths in 1990.

Division of Coal Mine Workers’ Compensation (DCMWC)

About the Black Lung Program
The Division of Coal Mine Workers’ Compensation, or Federal Black Lung Program, administers claims filed under the Black Lung Benefits Act. The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, and to survivors of coal miners whose deaths are attributable to the disease. The Act also provides eligible miners with medical coverage for the treatment of lung diseases related to pneumoconiosis. – https://www.dol.gov/owcp/dcmwc/

Louisville Workers’ Compensation Attorneys

ADVOCATING FOR YOU AFTER YOUR WORKPLACE INJURY.

Injuries or illnesses that stem from your job can be the most frustrating and difficult to deal with. When it comes to work-related injuries, there are a number of different factors that can contribute, including repetitive motions, exposure to toxic chemicals, faulty equipment and much more. Many times, these injuries make it difficult to continue working and can bury you in medical bills and other related expenses.
At Nutt Law Office, we have years of experience handling cases related to workers’ compensation throughout Louisville, Kentucky, and surrounding areas. Our team of skilled personal injury attorneys can efficiently meet your needs by helping you:
•Get the medical treatment you need.
•Get your late or denied benefit checks.
•Untangle the confusion created by insurance companies.
Whether you were injured in a work-related accident or are suffering from a chronic injury or illness, our well-versed Louisville attorneys will help you recover maximum compensation for your injuries.
Contact Nutt Law Office today to schedule your free initial consultation!

The post Coal Workers Compensation appeared first on Nutt Law Office.

Millions of Americans suffer from chronic illnesses or conditions, which may last for several years or even the span of their lifetimes. Chronic conditions often result in ongoing medical expenses and lost time from work. Fortunately, workers’ compensation provides benefits to employees who have developed these conditions as a result of their work-related activities.

Chronic Conditions Covered by Workers’ Comp

Workers’ comp benefits are available only for work-related injuries. Most people think of one-time accidents, such as a slip and fall or machinery accident, when they think of work-related accidents. However, workers’ comp also covers injuries or illnesses that develop slowly over time, such as repetitive motion injuries or occupational illnesses. Repetitive motion injuries occur when a worker repeats the same task at work over an extended period of time. Occupational illnesses are caused by ongoing exposures to harmful substances at the workplace. Although less common, workers’ comp may also cover medical conditions caused by stressful working conditions, such as heart disease or digestive problems.
Workers’ comp typically covers a wide range of chronic conditions resulting from work-related tasks or exposures. Some common conditions include:
* carpal tunnel syndrome (caused by typing)
* chronic back pain (caused by repeated bending movements)
* bursitis of the shoulder (due to repeated lifting movements above the head)
* asthma (from exposure to dusts or chemicals at the workplace)
* black lung (from exposure to coal dust), and
* mesothelioma (a cancer caused by exposure to asbestos).
As long as the chronic condition is related to work, you will be eligible for workers’ comp benefits. In many cases, your doctor will be able to establish that the injury is work-related. For example, if you type for eight hours a day, it is reasonable to conclude that your carpal tunnel was caused by work. In some cases, though, it may be more difficult to establish that your chronic condition is work-related. For example, a worker who develops lung cancer, tennis elbow, or arthritis may have to jump through extra hoops to show that these conditions were caused by work (as opposed to other events, such as smoking, playing tennis, or aging).

Workers’ comp may still cover an injury that is aggravated by work events, even if you have a preexisting condition that contributed to it. For example, suppose you have a history of back pain from a car accident that happened while you were on vacation years ago. If your back condition is aggravated because you are required to do heavy lifting at work, workers’ comp may compensate you for the worsening of your condition. However, this can be a complex area of workers’ comp law, and the specifics vary from state to state. If you had a preexisting health condition before your work injury, you should consult with a workers’ comp lawyer who is well-versed in these issues.
Proving that your chronic condition is work-related can get complicated, especially if you have a preexisting condition or if your condition can be blamed on your recreational activities.

What to Do If You Have a Chronic Condition

Take the following steps if you think you have suffered a work-related chronic injury or illness.
* Seek medical attention. First and foremost, you should take care of yourself by getting proper medical attention. If you need emergency treatment, you can go to a doctor or hospital of your choosing. However, for all non-emergency treatment, you will have to follow your state’s rules for selecting a medical provider. The laws on choosing a treating doctor vary widely from state to state. (To find out more, see Medical Issues FAQs.)
* Report your injury. You should report your injury to your supervisor as soon as you realize that your condition was caused by your work. Each state has different time limits for doing so, which typically range from 30 to 90 days. However, the time limits could be as short as a few days. For example, in Alabama, you must give written notice within five days of the injury.
* File a workers’ comp claim. Once you report your work-related injury, your employer should give you the necessary forms to file a workers’ comp claim. While each state has its own deadlines for filing a claim, the time frame is typically a year or two from the time it became clear that the condition was related to work. In Georgia, for example, a worker must file within one year of this date (if no benefits were paid out on the claim) or within two years of the last benefit payment (if the insurance company paid some benefits on the claim). You should consult with a lawyer about the deadlines in your state.
* Consider hiring an attorney. Proving that your chronic condition is work-related can get complicated, especially if you have a preexisting condition or if your condition can be blamed on your recreational activities. An experienced attorney can evaluate your case, deal with the insurance company on your behalf, and make sure that you get all the benefits to which you’re entitled.Questions for Your Attorney
* Will I have trouble showing that my chronic condition is work-related?
* How can I get a second opinion from another doctor?
* Do you have experience representing workers with repetitive motion injuries or occupational diseases?

Information provided by: https://www.lawyers.com/legal-info/workers-compensation/a-chronic-illness-may-mean-long-term-workers-comp.html

The post Who Qualifies For Workers Compensation? appeared first on Nutt Law Office.

The post Wrongful Termination Law appeared first on Nutt Law Office.

The post Workplace Injury Lawsuit Statistics appeared first on Nutt Law Office.