- Wrongful DeathIn a wrongful death claim, the estate may recovery damages for lost wages, destruction of earning capacity, medical expenses, funeral expenses, and for the pain and suffering that the decent endured.
- Workers CompensationDue to the dangerous nature of working on construction projects and working in manufacturing facilities, injuries our inevitable. While injuries sustained by an employee in Kentucky in most instances will be covered under the Kentucky Worker's Compensation Act, the compensation an injured worker is entitled to receive is extremely limited. Complex immunity issues arise when work related claims are brought in state courts, outside of the Worker's Compensation Act. However, if you or your loved one's injuries resulted from the negligence of a third party contractor, product manufacturer, or some other entity, a cause of action for injuries can be pursued without waiving the injured worker's rights to worker's compensation benefits.
- Real Estate Litigation
- Premises LiabilityWhen an individual is killed as a result of negligent conduct of another individual or entity, that individual's estate has wrongful death claim against the negligent party. The wrongful death claim is prosecuted by the administrator or executor of the victim's estate. The beneficiaries of a wrongful death claim are determined by Kentucky law. Wrongful death claims can originate from the negligent operation of an automobile or 18 wheeler, nursing home abuse and neglect, a product liability or medical negligence claim, premises liability claim, or any other act or omission that would ordinarily give rise to a personal injury claim.
- Landlord-Tenant Disputes
- Property DamageIn Kentucky, product liability actions include any claims brought for or on account personal injury, death, or property damage caused by the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product. These cases are governed by the Kentucky Product Liability Act.
- Personal InjuryIn our community, car accidents are the most common cause of personal injury lawsuits. Technology, in many instances, has improved our ability to survive a car wreck, sometimes without significant injury. However, airbags, seat belts, and crash protection have their own limitations. While crash protection has improved over the years, the number of drivers who are severely distracted has multiplied by the thousands. Twenty years ago, you had to worry about someone looking down to adjust the radio or turn on their air conditioning. Now, drivers are distracted by phone calls, texting, facebook, twitter, and any one of the number of gizmos that can be found in newly manufactured vehicles. What's worse, an increasing number of individuals operate their vehicles while under the influence of alcohol, prescription medications, or illegal drugs. Even if another driver is trying to pay attention, accidents happen due to less intentional forms of negligence. No matter the cause, in a matter of seconds, your life and the life of your family can change forever.
- Medical MalpracticeA personal injury case is any case in which an individual is injured as the result of the negligent conduct of another person, company or entity. A wide variety of wrongful acts can create a cause of action for an individual to pursue a personal injury claim. A personal injury case is a civil, not a criminal case. Unfortunately, the only remedy available in a personal injury case is monetary damages or compensation for the injuries or death sustained by a person. Damages in a personal injury case are really a measurement of the harm or loss the victim, or their family, has sustained as a result of a wrongdoer’s negligent conduct. Personal injury cases come in all shapes and sizes, from minor injury to catastrophic injury and even death. Some examples include car wrecks, truck wrecks, and slip and trip and falls. Nursing home abuse and neglect and medical negligence (medical malpractice) are technically personal injury cases. Every individual is affected by injuries in a unique way. If you or your loved one has suffered an injury due to someone else's negligence, it is important that you contact a law firm who has experience litigating these claims.
- Auto Accidents
- Social Security DisabilityIn August of 2011, Andrew returned to Ashland and began practicing at Martin Wheeler & Vincent, PSC. Since joining the firm, Andrew has primarily concentrated his practice on the representation of persons injured by accidents. His practice is also heavily focused on insurance defense litigation, estates, Social Security Disability, landlord-tenant disputes and general civil matters. He routinely represents both individuals and corporations, large and small, in a wide variety of matters. Andrew has participated in numerous trials, including actions involving personal injuries, car wrecks, fall accidents, dram shop claims, nursing home neglect, contractual disputes, real estate matters, boundary issues, and adverse possession claims. He is admitted to practice in the Commonwealth of Kentucky, the U.S. District Court for the Eastern District of Kentucky, the U.S. Bankruptcy Court for the Eastern District of Kentucky, and the U.S. Sixth Circuit Court of Appeals.
- Bankruptcy