Schuler Law Office
What Is Negligence?
Determination of negligence in a personal injury lawsuit in Kentucky and Indiana
A finding of liability in a personal injury lawsuit is largely dependent upon a determination of negligence. When persons or companies undertake activities in a negligent manner and injury results, liability for those injuries is attributed to the negligent party. We all owe a standard duty of care to others as we go about our personal and business activities. The standard of care owed is that which is considered reasonable for the circumstances. For example, when driving a car, it is reasonable to do so while paying attention to driving rather than being distracted. Likewise, when a company manufactures a product, it is reasonable that they do so in a way that results in a safe product. Schuler Law Office helps people who get hurt in accidents that happen as the result of the negligent acts of others.
Upon determinations of liability and negligence, negotiations for settlement or preparation for trial begins. A reliable Kentucky lawyer can offer guidance on this process by not only filing for you, but also explaining every aspect of your case. Laws regarding personal injury payments change all the time. Not only are the laws changing, but a clear understanding of the interplay between state personal injury laws and other laws is important. One area of law that often intersects with personal injury law is that of Medicare reimbursement. Medicare claims arise in personal injury cases in which:
- Accident and injury occur
- During treatment, Medicare pays a portion of the charges for medical care
- Medicare advises of the amount it has paid and expects in reimbursement
- Negotiations or trial result in an award of compensation
- The Medicare lien is now more than initially reported
- The injured party now ends up with less than expected due to the discrepancy in Medicare’s reported amount due
The above scenario requires the use of a skilled personal injury lawyer to ensure you get the entire amount necessary to compensate for your injuries. To avoid this type of pitfall, new laws are being proposed. One such law would eliminate the possibility of Medicare liens being claimed in differing amounts. The proposed new law would require Medicare to state its amount due by a certain deadline. Thus, litigants can rely on the figures provided when evaluating their case. Navigation through this complex system is smoothened by use of a capable personal injury attorney.
Our office has experience in deciphering all claims made against your personal injury award and is adept at the fair distribution of sums received. We keep you informed during the case, so you are not surprised with the end result — but are instead satisfied with the final disposition of your case.
Injured persons need not attempt to decipher the complexities of personal injury law alone. We give solid advice and explain every nuance of your case thoroughly. Our goal is to get you fully and fairly compensated for your injuries while also making sure you are comfortable with the process. We keep you informed every step of the way, so you can rely on the options given.