Practice Areas

For most personal injury cases, there is NO FEE unless we receive a recovery through settlement or a Plaintiff's verdict.
(ALTHOUGH COURT COSTS AND CASE EXPENSES MAY BE FRONTED, THEY WILL BE THE RESPONSIBILITY OF THE CLIENT)
Auto, Semi, Motorcycle & Other Vehicle Accidents
Automobile, motorcycle and other vehicle accidents are stressfull and concerning. Inuries sustained in a car wreck can affect you both physically and mentally. The worry of what to do when your income is reduced or medical treatment is denied adds to that stress. Mr. Goff has stood by victims of auto and other motor vehicle accidents and automobile negligence for more than 20 years and will stand by you through this difficult time. If you or a loved one has suffered a medical loss, physical or mental injury, catastrophic injury, or lost a family member in a car wreck that was the fault of another, contact the Law Office of Milton S. Goff. Mr. Goff has handled thousands of claims in the both Kentucky and Ohio. He will personally work on your case with the focus on going to court. WHAT TO DO AFTER A MOTOR VEHICLE ACCIDENT
1. If in an automobile accident, Call 911.
2. Do not move your vehicle until the police arrive unless it is in harms way.
3. If you are injured, remain in your vehicle until the ambulance arrives. Leave your vehicle only if it is in a dangerous position or area.
4. If you are able, obtain the name, address, and telephone number of the driver of the vehicle that hit you. Also obtain the name, address, and phone number of any witness and the driver's insurance company.
5. If possible, attempt to photograph the accident scene prior to the vehicles being moved. If you cannot photograph the scene as soon as possible photograph the damage to your vehicle or the vehicle you were in.
6. Ask for the name of the responding police officer and the police agency he or she works for.
7. If you are injured, or think you might be injured, seek medical attention as soon as possible. An ambulance will be called if you are hurt.
8. Obtain a copy of the police report from the police department that responded to the accident scene. If the police department took pictures and conducted an accident reconstruction, request a copy of the reconstruction report and the pictures.
9. Notify your own insurance company regardless of whether you were at fault. Kentucky is a No-fault state which means it will pay for your medical bills regardless of who is at fault. Kentucky requires a minimum of $10,000 in medical coverage to be provided for the driver and all passengers in the automobile. This is commonly referred to as PIP coverage.
10. Many insurance companies will send adjusters to the hospital or to your home soon after the accident to attempt settling with you for your injuries. Do not settle or sign any document provided by the insurance company without seeking the assistance of an attorney.


Medical Malpractice
Medical malpractice occurs when a physician, hospital, or other medical professional has failed to provide medical care that meets the minimum required standard of care. You as a patient have the right to expect adequate service from your health care professional. The consequences of medical malpractice can be devastating.
According to a Harvard Medical Study, nearly 100,000 people die each year due to medical negligence and malpractice and many more are injured. When medical malpractice occurs, the patient often sustains injuries that are permanent and deadly. Medical malpractice often occurs in specialized fields of medicine such as obstetrics-gynecology, neurosurgery, emergency medicine and orthopedics but may happen in any area of medicine.
Additionally, injuries sustained by a patient in a hospital due to poor care rendered by the hospital staff is a medical negligence claim and must meet the requirements necessary to file a medical negligence claim. Medical malpractice cases are very difficult and expensive. If you or a loved one believes you have suffered from medical malpractice, you should contact an attorney as soon as possible because the attorney, in most cases will need to review all of the patients medical records and consult with a physician to see if the medical professional you believe committed malpractice did in fact fall below the standard of care. This process can take several weeks.
If malpractice has occurred, you may recover damages for loss of your earning capacity, pain and suffering, emotional distress, medical expenses, lost wages, and in some cases, punitive damages.
Medical malpractice cases, like all other personal injury claims, are subject to a Statute of Limitations. This limits the time a person has to file a complaint and varies depending on the type of case. In Kentucky, the time limit to file a medical malpractice lawsuit is usually one year from the date of the injury, though this time limit can vary depending on the specific circumstances of your case.
In Ohio, a medical malpractice action must be commenced within one year after the alleged malpractice occurred. A cause of action for medical malpractice accrues when the claimant discovers or in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. If a medical malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. This is commonly referred to as a 180 day letter. Please be aware that this letter must be prepared correctly or there is a risk that the case will be dismissed.
Unfair Claims Settlement Practices
In today's society we insure many things: our homes, automobiles, lives, personal assets, and careers to name a few. It is not uncommon for families to have several different insurance policies with different insurance carriers. Some of these insurance policies are required by state law, such as automobile insurance. The purchase of these policies gives the policyholder peace of mind when it comes to financial protection of personal assets or their well-being. An insurance policy is a contract between the policyholder and the insurance company.
However, the terms of an insurance policy are generally not negotiated between the policyholder and the insurance company, and thus the bargaining power between the two is unequal. This unequal bargaining power makes the peace of mind that the policyholder has bought and paid for illusory. The unequal bargaining power is one reason why the terms of the insurance policy are construed against the writer of the policy, which is the insurance company.
The public policy of Kentucky is to encourage the fair and reasonable valuation and settlement of insurance claims. If a policyholder pays an insurance premium for automobile, health, life, home owner's or any other kind of insurance, then he or she should expect the insurance company to process and handle their claim in a timely manner with no unexplained claim denials. Additionally if a person is injured by another person who has liability insurance to cover the damages caused, the injured person should expect the insurance company to handle their claim in a timely manner.
The Kentucky General Assembly has also recognized that an insurance company must bargain in good faith and process claims in a timely manner. That recognition has caused the Kentucky General Assembly to enact the Unfair Claims Settlement Practices Act, which provides relief for a policyholder or one who has a claim against another's policy and has had the claim delayed or denied for no apparent reason. This is also known as Statutory Bad Faith. Some claimants are not aware of the value of their claim and, because of the length of time it takes to handle a claim, they give up and settle it for less than it is worth. The time necessary to process a claim depends on the seriousness of the injuries sustained, the damages claimed, and the type of evidence necessary to support the claim.
Not all insurance companies delay the processing of insurance claims, and the majority of the time the claim is processed properly. The mere fact that an insurance company does not make an offer immediately is not a violation of Kentucky's Unfair Claims Settlement Practices Act nor is it Bad Faith. Please be aware that when you are injured, it could take several months to a year or longer before the claim is ready to be resolved even with the assistance of an attorney.
Dog and Animal Bites
Dogs are often referred to as man’s best friend. However, man's best friend can quickly turn. Vicious attacks by dogs or other dangerous animals can cause serious injury or even death, especially when the victim is a small child. Dog attacks as well as other animal attacks can cause serious lacerations, permanent scarring, rabies, and serious infections. If a dog you do not own bit or injured you or a family member, you may have a right to compensation for your hospital bills, lost wages, pain and suffering, scarring, and other damages. Most states have specific statutes relating to dog bites and vicious animals. Kentucky Dog Bites
Kentucky is a strict liability state. The law of this state is favorable for anyone who was injured in any way by a dog. The dog owner is strictly liable for all damage to a person, livestock and other property, including the victim's pet. Furthermore, any person may kill or seize any dog that is observed attacking a person, and a dog that is declared to be dangerous has to be kept securely away from people. However, "Strict Liability" means "almost strict liability." Kentucky applies principles of comparative negligence meaning if you contributed to causing the dog to bite, you may not completely recover for your injuries.
Ohio Dog Bites
Ohio Revised Code 955.28 relates to dog bites and is different than the common law. Under Ohio law, the owner, harborer, or keeper is almost always liable for injuries caused by their dog due to the theory of strict liability. When a person owns, keeps, harbors or cares for a dog, and the dog bites another person, they are liable for the injuries sustained from the dog bite. It does not matter if the owner or person in control knew the dog was outside, beyond its fence, or off its leash when it should have been inside or contained.
Under Kentucky and Ohio law, a person injured from a dog or other animal can recover their hospital and medical bills, lost wages, pain and suffering, scarring, punitive damages and other damages.
Milton S. Goff has represented many men, women, and children regarding injuries they sustained from dog bites. If you have been bitten by a dog, contact the Law Office of Milton S. Goff, III for a FREE Consultation.
Worker's Compensation
Workers' Compensation is a statutory insurance program for injured workers to collect benefits while they are unable to work or are permanently injured due to a work-related injury. This program has no bearing on fault, so if the injured worker was the cause of the injury, he or she can still collect benefits.
The damages available in a Workers' Compensation Claim are limited. Some of the damages are past, present and future medical expenses, lost wages, temporary disability payments and compensation for the workers' impairment to work in the future. Pain and suffering is not a recovery that can be collected in a worker's compensation claim.
The Workers' Compensation claim is the exclusive remedy against the employer. This means the injured worker cannot sue the employer in civil court for injuries sustained during the course of the employment. There are a few exceptions where the employer may be sued, but they are limited.
Despite this exclusive remedy, in most situations an injured worker may bring a civil lawsuit against another person or entity that caused the injuries while also proceeding with a Workers' Compensation claim. For example, if the worker was operating a motor vehicle and was struck from behind by another driver and injured, the injured worker may file a Workers' Compensation claim because the injuries were sustained during the course of the injured workers' employment. The injured worker is also permitted to file a claim with the other driver's insurance company and if it cannot be settled, a civil lawsuit against the other driver can be filed.
The Workers' Compensation insurance carrier will likely claim it is entitled to be reimbursed from any proceeds the injured worker recovers from the other driver or the other driver's insurance company. In certain situations this is correct. The rules regarding reimbursement are complicated and should be handled by an attorney.
Wrongful Death
A wrongful death is a death that has occurred through the wrongful act or negligence of another. A Wrongful Death lawsuit alleges that the individual died as a result of negligence or other liability, and that their surviving dependents or beneficiaries are entitled to collect damages as a result of the defendant's negligent or grossly negligent conduct. Often, family members of those who were victims of a wrongful death are unaware that the law allows for two types of compensation in a wrongful death claim. First is compensation by the probate estate for the decedent's conscious pain and suffering and medical expenses incurred prior to death. The second form of compensation for the loss the family has experianced due to the wrongful death and how it has effected their lives.
Both Kentucky and Ohio law allows a family to recover damages for the wrongful death of a family member. A Wrongful Death case can arise in many different situations: Automobile accidents and motorcycle accidents; medical malpractice; nursing home negligence; and defective products are but a few situations that may lead to a Wrongful Death claim. A defendant can only be held responsible for a wrongful death if the defendant's conduct actually caused the family member's death.
The Kentucky Supreme Court has ruled that a surviving spouse may collect spousal loss of consortium in Wrongful Death cases. This allows the spouses of those killed by the negligence of others to seek redress for the loss of companionship provided by a spouse that fell victim to a wrongful death. Under Ohio law, the following compensatory damages may be awarded in wrongful death cases:
Loss of support based on the earning capacity of the deceased, Loss of society (includes loss of companionship, consortium, care, assistance, protection, etc.), Loss of prospective inheritance, and mental anguish suffered by members of the grieving family,
Elevator Accidents
Elevator accidents are not common. When they do occur, the injuries are often severe. There are universal standards relating to elevator safety that most states have adopted and building owners and operators are required to follow. If an elevator is not in compliance with a safety rule and a person is injured in the elevator, the owner of the elevator may be negligent as a matter of law. Elevator litigation is complicated and detailed. If you are injured in an elevator accident, please contact the Law Office of Milton S. Goff for a FREE Consultation.
Catastrophic Injuries
Accidenents, no matter how serious can result in severe and life-changing injuries. Even in minor accidents, you can sustain a traumatic brain injury, spinal cord or spinal column injury that will keep you from performing your job or the evryday activities you enjoy. If you or a loved one sustained serious injuries in or due to a car accident, motorcycle wreck, semi truck crash, fall, a hospital or medical error, or any other type of injury that was the result of someone else's negligence or fault, you may have grounds upon which to file a personal injury lawsuit. Please contact the Law Office of Milton S. Goff for a FREE Consultation.
General Civil Litigation
In addition to the Tabs listed on this web site, the Law Office of Milton S. Goff practices in several other areas of the law. Probate, Wills, Contract Disputes, Construction Defects, and Divorces are just a few. If you have an issue that is in need of a consultation with an attorney, make an appointment with the Law Office of Milton S. Goff. Attempting to handle a legal issue without the assistance of an attorney can be devastating if not handled correctly.
The information contained in these web pages are for general informational purposes only and do not constitute legal advice or a contractual agreement to represent any potential client. The information represents the most current trends in the law and may change at any given period of time. To assure the most accurate information is obtained you should contact an attorney. For most personal injury cases, there is NO FEE unless we receive a recovery through settlement or a Plaintiff's verdict.
(ALTHOUGH COURT COSTS AND CASE EXPENSES MAY BE FRONTED, THEY WILL BE THE RESPONSIBILITY OF THE CLIENT)
Copyright by Milton S. Goff, III, © All rights reserved.
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Law Office of Milton S. Goff
7000 Houston Rd.
Building 100, Suite 3,
Florence, KY 41042
Top 100 Kentucky Civil Attorneys
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