Let Over 59 Years of Combined Medical & Legal Experience Fight for you!

Picture of Tamara Todd Cotton and Stephanie Wolfinbarger
  • Former Registered Nurse
  • Our Medical Training is a Plus for Your Case
  • Millions of Dollars Recovered for Our Clients
  • We Fight to Win
  • Se Habla Español
  • You Pay Nothing Until We Win For You

Recognitions

About Us

Tamara Todd Cotton

Tamara Todd Cotton

  • Former Registered Nurse
  • Practicing Injury & Disability Law Since 1980
  • Super Lawyer 2008-2024
  • Retired Colonel – US Army Nurse Corp Reserve & National Guard Brigade Chief Nurse
  • Past President- The American Association Of Nurse Attorneys
  • Past Elected Officer – Kentucky Workers Association
  • Selected, The Best Lawyers In America 1997-2024
Stephanie Wolfinbarger

Stephanie N. Wolfinbarger

  • Began Practicing Injury & Disability Law in 2008
  • Officer,  Kentucky Workers Association
  • Member Kentucky Bar Association
  • Member Kentucky Justice Association
  • Member Women Lawyers Association Of Jefferson County
  • Super Lawyer 2023-2024
  • Selected, The Best Lawyers In America 2023-2024
  • Past President, Statewide Political Organization

We are experienced litigators. We have successfully represented thousands of clients in workers’ compensation, social security disability and personal injury cases. In 2023 our firm litigated and settled more than 125 workers’ compensation cases and recovered over $11 million in income benefits for our clients.

Cotton Wolfinbarger & Associates Conference Room
Large Picture of Tamara Todd Cotton and Stephanie Wolfinbarger

About Us

Tamara

Throughout her over 30-year legal career, Tamara Todd Cotton has advocated for people who have been injured or disabled at work and in non-work settings. In 1996, Tamara began her own law firm. Tamara has successfully represented thousands in Workers’ Compensation, Social Security Disability, Motor Vehicle Accidents, Personal Injury, Medical Negligence, and Product and Premises Liability cases.

Tamara’s experience as both a healthcare professional (Registered Nurse) and an attorney gives her a unique understanding of the anatomy and mechanics of the human body and the nature of injuries and illnesses in relation to the legal issues that arise from such injuries and illnesses.

Stephanie

Stephanie Wolfinbarger has represented thousands of clients in workers’ compensation claims and successfully resolved claims by settlement or by opinions from Administrative Law Judges. In addition, Stephanie has successfully represented our clients in Social Security Disability claims for both injury and non-injury disabling conditions. Stephanie has an extensive understanding of the medical aspects of our client’s claims having represented our clients and worked with Tamara and our client’s health care providers. She works closely with Tamara and our associate attorney to provide a full professional team to handle each aspect of our clients’ cases.

Our Firm

Our attorneys are further complimented by a highly skilled and motivated office staff who are experienced in the administration of injury and disability claims.

Our firm’s philosophy in serving clients is they deserve the best, most caring, compassionate, honest, and aggressive representation possible by attorneys who have the medical knowledge and legal understanding to maximize our clients’ recovery. In short, we strive to treat our clients as if they were members of our family.

Our firm’s focus continues to be representation of injured and disabled workers to obtain the medical and disability benefits injured workers are entitled to recover under the workers’ compensation law. We represent clients before the Social Security Administrative Law Judge to a final decision and we introduce the medical evidence to establish our client’s medical conditions. We have experience representing clients with catastrophic injuries, including severe brain injuries and spinal cord injuries. We have experience representing individuals with a multitude of medical conditions such as diabetes, heart disease (coronary artery disease, arrythmias, congestive heart failure, cardiopathy and others), kidney disease (chronic kidney disease, renal failure, and others), cancer (brain, lung, leukemia, lymphoma, and others), respiratory diseases (COPD – chronic obstructive pulmonary disease, asthma, pulmonary fibrosis, pulmonary hypertension, pulmonary embolism, and others), seizure disorders (grand mal, petit mall, and others),, Parkinson’s disease, multiple sclerosis and many other non-injury related conditions.

Contact Us For A Free Consultation | 502-569-2711

If you have suffered an injury either at work or in a non-work environment, we encourage you to phone our office to discuss your right to compensation for your injuries. We welcome clients whose first language is not English. Se habla español.

Our Team

Tamara Todd Cotton

Tamara Todd Cotton

Tamara Todd Cotton, a native of Richmond, Kentucky, started her academic studies at The University of Kentucky and graduated from Spalding College in Louisville.

Tamara became a Registered Nurse in 1972 and worked as a nurse in a Surgical Intensive Care Unit, on Medical and Surgical Units and in Subspecialty Clinics including Neurosurgery, Neurology, Cardiac, Pulmonary and others.
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Stephanie Wolfinbarger

Stephanie N. Wolfinbarger

Stephanie N. Wolfinbarger, a native of Irvine, Kentucky, earned a Bachelor’s Degree from the University of Kentucky in 2003. After working in Washington, DC for a year, she returned to the University of Kentucky College of Law where she earned her Juris Doctorate. Stephanie was admitted to practice law in Kentucky and practiced in Lexington before moving to Louisville and joining the firm in 2008. In 2013 Stephanie became a partner in the firm.
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Danielle Yancy

Danielle N. Yancey

Danielle N. Yancey, a native of Louisville, Kentucky, earned a Bachelor’s Degree from Eastern Kentucky University in 2017. Ms. Yancey continued her education at the University of Louisville Brandeis School of Law where she earned her Juris Doctor degree in 2020. Ms. Yancey was admitted to practice law in Kentucky and was an Assistant County Attorney at the Jefferson County Attorney’s Office prior to joining Cotton Wolfinbarger & Associates in 2021. 
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Ortensia Mondragon Ortiz

Ortensia Mondragon Ortiz

Senior Legal Assistant

Ortensia Mondragon Ortiz, a native of Illinois, began working for the firm in 2016 as a file clerk and has been promoted to Senior Legal Assistant.
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Emily M Gilles

Emily M. Gilles

Office Manager

Emily M. Gilles, a native of Southern Indiana, has been with the firm for 20 years. In 2008 Emily was promoted to Office Manager and currently serves in that capacity.
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Ashley Roberts

Ashley Roberts

Senior Legal Assistant

Ashley Roberts, a native of Southern Indiana, began working for the firm in 2009 as a legal assistant and was promoted to Assistant Office Manager in 2012 serving in that capacity for four years.
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Cotton Wolfinbarger & Associates

We Are Workers’ Compensation Lawyers Serving The Louisville Area And Throughout Kentucky

502-569-2711

Tamara Todd Cotton

Tamara Todd Cotton

Tamara Todd Cotton, a native of Richmond, Kentucky, started her academic studies at The University of Kentucky and graduated from Spalding College in Louisville.

Tamara became a Registered Nurse in 1972 and worked as a nurse in a Surgical Intensive Care Unit, on Medical and Surgical Units and in Subspecialty Clinics including Neurosurgery, Neurology, Cardiac, Pulmonary and others. Tamara joined the US Army Reserve, Army Nurse Corp in 1973 and served 20 years in the Reserve and National Guard, earning the rank of Colonel. Tamara served in the position of Chief Nurse of the 112th Medical Brigade for the Mid-West region of the Army National Guard. Tamara was awarded the Army Meritorious Service Award in 1993.

Tamara graduated from the University of Louisville School of Law with a Juris Doctorate in 1980 and was admitted to practice law in Kentucky in 1980. Tamara began her practice with a Louisville law firm, became a partner and continued as a partner until she started her own firm in 1996. Tamara has provided medical-legal education and volunteered in the community. For years, she spoke to patients and families of patients who suffered severe brain and neurological injuries and illnesses at Frazier Rehab Institute. She has presented extensively on medical-legal issues to hundreds of health care professionals in Kentucky, Indiana, regionally and nationally. She has presented on legal issues to labor leaders and members as well as management on issues involving Worker’s Compensation.

Tamara is a member of the Kentucky Bar Association, Louisville Bar Association, the Kentucky Justice Association and was an Officer and is currently a member of the Kentucky Workers’ Association. Tamara is a past-president of the American Association of Nurse Attorneys. She attained recognition as an Advocate by the National College of Advocacy, Association of Trial Lawyers of America. Tamara has been featured multiple times in Louisville Magazine as one of the Best Lawyers in Louisville, as chosen by her peers, in the practice of Workers’ Compensation claims. Tamara was also selected by her peers as a “Super Lawyer” in Workers’ Compensation in Kentucky consecutively from 2008 to the present.

Tamara and the Firm were selected in Best Lawyers in Worker’s Compensation by the US News and World Report for America. She has also been selected in The Best Lawyers in America from 1997 to the present. Tamara is married to Dr. William A. Kraft.​

Stephanie Wolfinbarger

Stephanie N. Wolfinbarger

Stephanie N. Wolfinbarger, a native of Irvine, Kentucky, earned a Bachelor’s Degree from the University of Kentucky in 2003. After working in Washington, DC for a year, she returned to the University of Kentucky College of Law where she earned her Juris Doctorate. Stephanie was admitted to practice law in Kentucky and practiced in Lexington before moving to Louisville and joining the firm in 2008. In 2013 Stephanie became a partner in the firm.

Stephanie focuses on political engagement to improve the rights of Kentuckians. She serves on the executive board of the Kentucky Workers’ Association, an organization dedicated to advocating for injured workers. Stephanie is also a board member and past president of a statewide political organization. Stephanie has presented at conferences locally and nationally regarding Workers’ Compensation issues.

Stephanie was selected by her peers as a “Super Lawyer” in Workers’ Compensation in Kentucky. She has also been recognized by her peers to be in The Best Lawyers in America for her work on behalf of Workers’ Compensation claimants. Stephanie is a member of the Kentucky Bar Association, Louisville Bar Association, the Kentucky Justice Association, and Women Lawyers Association of Jefferson County.

Stephanie and the Firm were selected in The Top Tier in Best Lawyers in Worker’s Compensation by the US News and World Report for America.

Danielle Yancy

Danielle N. Yancey

Danielle N. Yancey, a native of Louisville, Kentucky, earned a Bachelor’s Degree from Eastern Kentucky University in 2017. Ms. Yancey continued her education at the University of Louisville Brandeis School of Law where she earned her Juris Doctor degree in 2020. Ms. Yancey was admitted to practice law in Kentucky and was an Assistant County Attorney at the Jefferson County Attorney’s Office prior to joining Cotton Wolfinbarger & Associates in 2021. Ms. Yancey represents injured workers in Workers’ Compensation claims. Ms. Yancey is a member of the Kentucky Bar Association and Kentucky Workers Association.

Emily M Gilles

Emily M. Gilles

Office Manager

Emily M. Gilles, a native of Southern Indiana, has been with the firm for 20 years. In 2008 Emily was promoted to Office Manager and currently serves in that capacity. Emily has extensive knowledge of the Workers’ Compensation and Social Security Disability systems. Emily supervises the firm’s nine legal assistants who work with the attorneys on the Workers’ Compensation, Social Security Disability and Personal Injury claims. Emily resides in Henryville, Indiana with her husband, son and daughter.

Ortensia Mondragon Ortiz

Ortensia Mondragon Ortiz

Senior Legal Assistant

Ortensia Mondragon Ortiz, a native of Illinois, began working for the firm in 2016 as a file clerk and has been promoted to Senior Legal Assistant. Ortensia has a thorough understanding of the workers’ compensation system and process. Ortensia is bilingual and is excellent in translating the medical and legal terminology necessary to effectively represent our clients. She resides in Louisville, Kentucky with her son.

Ashley Roberts

Ashley Roberts

Senior Legal Assistant

Ashley Roberts, a native of Southern Indiana, began working for the firm in 2009 as a legal assistant and was promoted to Assistant Office Manager in 2012 serving in that capacity for four years. In 2022 Ashley returned to the office as a Senior Legal Assistant. Ashley graduated from Floyd Central High School in 2006 and went on to get an Associate’s Degree in Business Administration from Vincennes University in 2009. Ashley has worked on all stages of workers’ compensation files and also assists the attorneys with the personal injury files. Ashley resides in Borden, Indiana with her fiancé and two daughters.

Contact Us For A Free Consultation | 502-569-2711

If you have suffered an injury either at work or in a non-work environment, we encourage you to phone our office to discuss your right to compensation for your injuries. We welcome clients whose first language is not English. Se habla español.

Practice Areas

Injured and disabled people face difficult medical and financial conditions during a stressful time working with insurance companies and health care providers.

The lawyers and staff at Cotton Wolfinbarger and Associates PLLC use our medical background and legal experience to understand and litigate your claim with and for you to obtain the best results.

We serve clients throughout Kentucky, including Louisville and surrounding counties and southern Indiana.

Cotton Wolfinbarger and Associates PLLC is here to represent you in your case. To discuss your circumstances in detail at no cost with an experienced Injury and Disability lawyer, contact this office by phone or email.

Louisville Personal Injury Attorneys

The attorneys at Cotton Wolfinbarger & Associates, PLLC, are dedicated to achieving the best results possible for injured clients in Kentucky and southern Indiana.*

We Are Louisville Workers’ Compensation Lawyers

We Serve Clients Throughout Kentucky, Including Shelbyville, Elizabethtown And Bardstown

Physical work-related injuries and psychological injuries (if due to a work-related physical injury) qualify an injured worker for benefits under the Kentucky Workers’ Compensation Act. Cumulative trauma injuries, which develop due to repetitive work and/or strenuous physical work, may also qualify.

Eligible injuries include, but are not limited to:

    • Physical injuries, including back injuries, neck injuries, traumatic brain injuries (TBI), bone fractures, joint injuries, rotator cuff tears, amputations, crush injuries, explosion injuries and burns.
    • Psychological conditions such as depression, anxiety and post-traumatic stress disorder.
    • Carpal tunnel syndrome caused by repetitive work, such as computer work or production work.
    • Back injuries caused by repetitive, heavy, forceful work.
    • Aggravation of pre-existing arthritis causing the arthritis to become painful.

We represent injured workers in their workers’ compensation claims to help them obtain the workers’ compensation benefits they are entitled to, including income benefits while off work, medical treatment, and benefits for any permanent injury and impairment, as well as vocational retraining.

Workers’
Compensation

Brain Injuries and Spinal Cord Injuries

Social Security
Disability

Medical and Dental Malpractice

Personal
Injury

Wrongful Death

Car, Truck, Motorcycle, ATV, Bicycle & Pedestrian Injuries

Defective Products Product
Liability Cases

Workers’ Compensation

Our firm has successfully won Workers’ Compensation cases decided by the Kentucky Supreme Court, changing the law in favor of Kentucky’s injured workers.

Injured and disabled people face difficult medical and financial conditions during a stressful time working with insurance companies and health care providers after a work related injury.

We have the medical background and experience to understand and prove our clients’ injuries.

The lawyers and staff at Cotton Wolfinbarger and Associates PLLC work with, and for, our clients to help them through this stressful time to obtain the benefits they are entitled to receive under the workers’ compensation law.

There are many work related injuries and medical conditions including:

  • Physical injuries including:
    • Back and neck injuries (herniated and bulging discs, aggravated arthritis, compression fractures, spinal cord injuries, paralysis)
    • Brain injuries (concussions – mild and severe brain injury)
    • Orthopedic fractures (bone fractures, joint fractures, vertebral fractures, skull fractures)
    • Joint injuries (tears of tendons and ligaments (hips, knees, shoulders, elbows, and hands), rotator cuff and labral tears (shoulders), labral tears (hips), meniscus and anterior cruciate ligaments tears) (knees)
    • Amputations (arms, legs, fingers, hands, feet, toes)
    • Crush injuries (hands, feet, chest/abdomen, head, arms, legs)
    • Burns (explosions, chemicals)
  • Psychological conditions due to a physical work-related injury are covered by workers’ compensation including:
    • Depression
    • Anxiety
    • Post-Traumatic Stress Disorder (nightmares, flashbacks, difficulty sleeping)
  • Injuries caused by repetitive work are called cumulative trauma injuries and are covered by workers’ compensation including:
    • Carpal Tunnel Syndrome (hands/wrists)
    • Tarsal Tunnel Syndrome (feet)
    • Cubital Tunnel Syndrome (elbows/forearms)
  • Wear and tear injuries caused by repetitively performing heavy work are covered by workers’ compensation including:
    • Back injuries
    • Neck injuries
    • Knee injuries
    • Shoulder injuries
  • Pre-existing conditions aggravated by a specific injury or repetitive/cumulative work are covered by workers’ compensation:
    • Aggravated degenerative conditions and aggravated arthritis (neck, back, shoulders, knees, hips, hands)
    • Aggravated degenerative discs, bulging discs and osteoarthritis
  • Occupational Disease conditions caused by exposure in the workplace are covered by workers’ compensation including:
    • Asthma and other respiratory conditions (dust, mold, chemicals, fumes, smoke exposure)
    • Skin disease (exposure to chemicals)
    • Hearing loss (noise exposure)

There is a two year statute of limitations in a workers’ compensation case in which to file an Application for Resolution of Injury Claim (Form 101) with the Department of Workers’ Claims. The two years expires two years after the date of injury or the last date temporary total disability (income) benefits were paid, whichever date is the latest date.

In a cumulative trauma workers’ compensation claim the statute of limitations is two years after a physician advises the employee they have a work related condition.

Failure to file a Form 101 within the statute of limitations will forever bar you from recovering benefits, both medical and indemnity (income), as a result of your work related injury.

There is a three year statute of limitations in a workers’ compensation case in which to file an Application for Resolution of Occupational Disease Claim (Form 102) with the Department of Workers’ Claims. The three years expires three years after the last injurious exposure.

Failure to file a Form 102 within three years of the last injurious exposure will forever bar you from recovering benefits, both medical and indemnity (income), as a result of your work related occupational disease.

We help injured workers obtain medical treatment, income benefits while off work and benefits for permanent injury and impairment as result of work-related injuries or conditions, future medical treatment and vocational rehabilitation when indicated.

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Social Security Disability

There are two types of federal Social Security Disability benefits.

To qualify for Title II Social Security Disability benefits, an individual must have paid sufficient current quarters into Social Security, must have a medical condition preventing gainful employment and must not earn above the allowable income amount.

Supplemental Security Income applies when a disabled individual has not paid sufficient quarters into Social Security to qualify for Social Security Title II Disability benefits.

Numerous medical conditions may entitle you to Social Security Disability benefits and including but not limited to:

    • Osteoarthritis
    • Rheumatoid arthritis
    • Mental conditions
    • Heart conditions
    • Chronic fatigue syndrome (CFS)
    • Fibromyalgia
    • Crohn’s disease
    • Degenerative disk disease
    • Hepatitis
    • Lupus
    • Multiple sclerosis
    • Reflex sympathetic dystrophy

The criteria to qualify for Social Security Disability change as an individual ages.

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Personal Injury

  • Slip and fall cases may occur when an individual falls as a result of an uncorrected hazardous condition that the responsible party knew, or should have known, existed. Hazardous conditions may include liquids, objects and snow and/or ice that was not removed or improperly or incompletely removed and include walkways, aisles, sidewalks, construction sites, stairs (which also include handrails). Improper lighting may also be an issue.
  • Dog bite cases may occur when an owner is on notice a dog has a propensity to be dangerous or harm others and does not properly restrain the dog resulting in an injury to another individual.
  • Drug and pharmaceutical injury cases may occur when medication is improperly dispensed as the wrong drug or dosage, or the wrong instructions accompanying the dispensed medication causing injury.
  • Restaurant and bar liability/Dram Shop cases may occur when a bar or restaurant knows an individual is intoxicated and incapable of driving and fails to take action to stop serving the individual alcohol and the individual leaves the premises and harms another person due to intoxication.

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Car, Truck, Motorcycle, ATV, Bicycle & Pedestrian Injuries

Car wrecks, truck wrecks, motorcycle wrecks, ATV wrecks, bicycle wrecks and pedestrian-vehicle collisions can cause serious injury and, in some cases, death.

We thoroughly investigate how and why our clients were injured as well as the extent of our client’s injuries to prove their damages.

Presenting an injury case requires you establish liability as well as the nature and extent of injuries and damages. Damages include past lost wages, future loss of power to labor and earn money, past medical expenses, future medical expenses, as well as pain and suffering.

Car, truck, and motorcycle wrecks can be caused by many factors, such as:

    • Failure to follow speed limit
    • Failure to yield right of way
    • Failure to follow road signs
    • Failure to merge properly
    • Failure to maintain control of the vehicle (involving speed, rain, snowy surfaces, icy surfaces)
    • Failure to observe the road and traffic
    • Distracted drivers
    • Texting drivers
    • Alcohol, medication, and controlled substance influenced drivers
    • Failure to maintain proper distance (following vehicle too closely)
    • Failure to maintain vehicle in safe operating conditions

Bicycle and ATV injuries occur when the operator of an ATV or bicycle negligently operates the ATV or bicycle and causes injury to a passenger or pedestrian. Bicycle and ATV injuries may also occur as a result of a negligent design or construction of the bicycle or ATV and could be pursued as a products liability case. Injury may also occur due to negligent repair or maintenance of the bicycle or ATV.

Pedestrian injuries occur when an individual is struck by a moving motor vehicle. The no fault insurance for the vehicle is responsible for the no fault coverage up to $10,000 for lost earnings (maximum $200 a week) and medical expenses. Higher amounts may apply if there is additional coverage. If the collision was the result of negligence by the operator of the vehicle, a personal injury case may be pursued for injury and damages.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

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Brain Injuries and Spinal Cord Injuries

Brain and Spinal Cord injuries may occur as a result of another person’s negligence, a defective product, a slip and fall, etc.

We work to obtain the information concerning the cause of our client’s injury and when appropriate, consult with proper experts to establish liability.

We have the medical background and experience to understand and successfully prove our clients’ injuries from brain injuries and spinal cord injuries.

We work for all of our clients, regardless of their injury, to understand…

    • The nature and extent of our clients’ injuries
    • The effect of the injuries on our clients’ lives
    • The medical needs of our injured clients
    • The psychological effects of our clients’ physical injuries
    • The medical expenses, past and future, for treatment of our clients’ injuries
    • The loss of power to labor and earn money (i.e. wages or salary)
    • The mental and physical pain and suffering our clients experience in civil (non-work related) cases

Brain Injuries:

Newborn brain injuries may occur during labor and delivery due to decreased oxygen or trauma.

Acquired Brain Injuries there are two types:

  1. Traumatic Brain Injuries may occur as a result of multiple causes, including:
      • Workplace Injuries
      • Falls
      • Assaults
      • Motor Vehicle Accidents
      • Sports/Recreation Injuries
      • Adult and Child Abuse (including Shaken Baby Syndrome)
      • Gunshot Wounds
      • Domestic Violence
      • Electric Shock
  2. Non-Traumatic Brain Injuries may also occur as a result of multiple causes including:
    • Stroke (Hemorrhagic-bleeding or ischemic blockage of an artery or vein)
    • Infectious Disease
    • Meningitis
    • Encephalitis
    • Seizure
    • Tumors
    • Metabolic Disorders
    • Neurotoxic Poisoning (carbon monoxide, lead exposure)
    • Lack of Oxygen (drowning, choking, hypoxic/anoxic injury)
    • Drug Overdose
    • Aneurysm

Spinal Cord Injuries:

Complete or Incomplete (some feeling or function below the site of the injury)

Tetraplegia (involves four extremities), Paraplegia (involves lower extremities), Monoplegia (involves one extremity) or Hemiplegia (involves one side of the body).

Causes include:

    • Workplace Accidents
    • Motor Vehicle Accidents
    • Falls
    • Gunshot Wounds
    • Sports Injuries
    • Surgery or delivery trauma

There is a one year statute of limitation in a Personal Injury, Products Liability or Medical Malpractice, Brain Injury or Spinal Cord Injury case unless the individual is incapable of making decisions necessary to pursue the case at the time. A next of kin such as a surviving spouse, etc. or Power of Attorney if applicable may pursue the case on behalf of the individual.

Early investigation of the circumstances to obtain the facts and evidence is important.

A loss of consortium statute of limitation is also one year.

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Medical and Dental Malpractice

(Hospitals, Nursing Homes, Rehabilitation Facilities, Doctors, Nurses, Dentists, Therapists)

Healthcare providers have a duty to provide care within the standard of care recognized by the members of the healthcare provider’s peers. Health care providers include hospitals, nursing homes, rehabilitation facilities, doctors, nurses, physical therapists, occupational therapists and any other medical provider. Injuries caused by any healthcare provider’s failure to follow the standard of care of the provider is medical negligence. The failure can be a result of doing something that should not have been done or by failing to take action that should have been taken.

We have the medical background to review medical records to investigate the malpractice and our clients’ injuries.

Medical and Dental Negligence/Malpractice may involve any of the following:

    • Failure to obtain a complete history from the patient.
    • Failure to order appropriate tests such as MRIs, x-rays, CT scans, and/or laboratory tests.
    • Failure to properly interpret x-rays, MRIs, CT scans, or other tests or laboratory findings.
    • Failure to monitor based on MRIs, x-rays, CT scans or other tests or laboratory findings.
    • Failure to protect a patient from falls or other harm.
    • Failure to diagnose and treat within the standard of care.
    • Failure to provide appropriate follow up such as post-surgery care.
    • Failure to refer to appropriate specialist when indicated.
    • Anesthesia errors, prescription errors, pharmacy errors, surgical errors and emergency room errors.
    • Failure to follow procedures during treatment, surgery, delivery and birth.

There is a one-year statute of limitations in a Medical Negligence case in which to file a lawsuit. This means there is one year from the date the individual knew or had reason to believe there was malpractice in which to file a lawsuit. Failure to file a lawsuit within the one-year statute of limitations will forever bar recovering damages (money) as a result of injury. The statute of limitations may be extended by continued treatment with the health care provider who was negligent.

Proof in a Medical Negligence/Malpractice case requires evidence of the breach of the “standard of care” as well as evidence of damages. Damages include loss of power to labor and earn money, past medical expenses, future medical expenses and pain and suffering.

Malpractice cases must be investigated and experts consulted to review the facts and medical records to determine whether there was a breach of the standard of care by a healthcare provider which caused the patient injury.

Due to the necessity to consult with a medical expert and obtain an opinion there was a breach of the standard of care by a healthcare provider it is necessary you consult with an attorney as soon as possible to allow time to obtain the medical records and have the records reviewed by an appropriate medical expert.

We work with our clients to prove the negligence/liability of the provider and to prove the full extent of our client’s injuries, including lost wages, medical expenses and their pain and suffering.

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Wrongful Death

The premature or unnecessary death known as wrongful death is caused by the negligence of another person or company.

Wrongful death may result from many causes, including the following:

    • Car wrecks
    • Truck wrecks
    • Medical negligence
    • Faulty products, such as machinery, medication, household products/chemicals, yard products/chemicals (Product Liability)
    • Faulty vehicle design or faulty maintenance of equipment
    • Faulty machine or tool design, guards, including failure to have proper guards
    • Faulty construction or maintenance of buildings
    • Improper use or installation of materials or equipment in buildings, machinery, equipment, tools, etc.
    • Work injuries may cause death due to explosions, machinery malfunctions, lack of guards for machinery, and faulty design of machinery.

We investigate why and how our client’s injury and death occurred. Experts are consulted to determine the cause of the death. A wrongful death case must be filed by the appointed Administrator of the estate of the deceased individual.

There is a one-year statute of limitations in a wrongful death case in which to file a lawsuit. This means there is one year from the date an Administrator of the deceased individual’s estate is appointed in which to file a lawsuit. An Administrator of the estate must be appointed and a lawsuit filed within two years of the date of death. Failure to have an Administrator appointed and file a lawsuit within the two year statute of limitations will forever bar the estate from recovering damages as a result of the deceased individual’s wrongful death.

There is a one year statute of limitations for a loss of consortium claim for a surviving spouse or dependent children.

Wrongful death cases take time to investigate the occurrence, obtain and preserve the physical evidence of the cause of death and consult with proper experts. Contacting an attorney as soon as possible is necessary to present the best thorough case.

We work with our clients to investigate and pursue wrongful death cases with qualified experts. 

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Defective Products – Product Liability Cases

We are exposed to many products in our work and non-work lives that may cause injury or death.

Defective products cause injury and financial losses.

Product liability cases may involve household chemicals, manufacturing chemicals, drugs, machines, cars, trucks, tools (saws, ladders, electric knives), surgical implants (mesh, artificial joints), medical equipment, and yard chemicals to name but a few. Liability may be based on:

    • Faulty design
    • Faulty construction
    • Faulty maintenance
    • Faulty inspection

We have the medical background and experience to understand and prove our clients’ injuries.

There is a one year statute of limitations in a products liability case in which to file a lawsuit.  This means you have one year from the date you were injured or discovered you were injured as a result of a defective product to file a lawsuit.  Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering monetary damages as a result of your injury.

If you believe you were injured as a result of a defective product, we recommend you retain the product and take pictures of any circumstances surrounding the product and your injury.

We work for our clients to investigate Product Liability cases with qualified experts

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FAQ/About the Law

Work Injuries

Social Security Disability

Motor Vehicle Accident

Drug & Pharmaceutical Injuries

Car, Truck, & Motorcycle Injuries

Bicycle & ATV Injuries

Brain Injuries and Spinal Cord Injuries

Pedestrian Injuries

Medical and Dental Malpractice

Dog Bites

Wrongful Death

Defective Products

Restaurant & Bar Liability

Slip & Falls

Work Injuries

If you are injured at Work…

Should I report my injury to my employer?

Yes, report all of your injuries to a supervisor/team leader and/or human resources.

Can I see a doctor of my choice?

Yes, you may see the doctor of your choice, however, your choices may be limited if your employer is under a managed care plan.

When am I required to report a work-related injury to my employer?

You are required to report an injury as soon as practicable which may vary depending on the circumstances.

Is arthritis covered by workers’ compensation?

Arthritis may be covered by workers’ compensation when there is aggravation of a pre-existing arthritic or other degenerative conditions causing it to become symptomatic.

How long do I have to file a workers’ compensation injury claim?

You must file a claim within two years of the date of injury or the date you were last paid workers’ compensation weekly benefits in order to protect your rights to future benefits.

How long do I have to file a workers’ compensation occupational disability claim?

You must file a claim within three years after your last exposure to the injuring substance.

How long do I have to file a cumulative trauma injury claim?

You must file a claim within two years after the date a physician tells you that you have a work related injury (condition).

What do I have to give my employer regarding my restrictions?

Always keep your employer informed and up to date on your work status and physical restrictions from your doctor. Keep a copy of all work notes.

Can I be reimbursed my travel expenses?

Yes, you must submit a request for mileage reimbursement to the Workers’ Compensation carrier within 60 days of travel on a Form 114. Reimbursement expenses for medical expenses must be submitted within 45 days.

Can I be reimbursed my out-of-pocket expenses for medical treatment?

Yes, you must submit your requests for reimbursement of out-of-pocket medical expenses on a Form 114.

Who pays my medical expenses for treatment of my work-related injury?

The employer/workers’ compensation carrier is responsible to pay for all reasonable and necessary medical expenses for treatment of the effects of your work-related injury.

What should I tell my healthcare providers about my medical expenses?

Tell all healthcare providers to bill your employer/workers’ compensation carrier.

Am I entitled to compensation for my work-related injury if I am off work?

Yes, you are entitled to temporary total disability benefits if you are off work as a result of a work-related injury or you have restrictions your employer will not accommodate and you are not at maximum medical improvement.

How long do I have to wait to receive workers’ compensation income benefits?

You are entitled to temporary total disability benefits beginning the eighth consecutive day off work and when off 15 consecutive days you are entitled to temporary total disability from the first day off.

Can I have a claim for cumulative trauma caused by the repetitive or heavy nature of my work?

Yes, you may file a claim for cumulative trauma injury to your neck, back, hands/wrists, shoulders, elbows, hips, knees and feet.

Social Security Disability

If you are applying for Social Security Disability…

What is Title II Social Security Disability?

Title II Social Security Disability benefits are disability benefits for people who have paid sufficient quarters into Social Security and become disabled before their date last insured and are found disabled.

What is Supplemental Security Income (SSI) Disability?

Supplemental Security Income benefits are disability benefits for people who have not paid sufficient quarters into Social Security to qualify for Title II Social Security Disability and are found disabled.

How are benefits in Title II Social Security Disability calculated?

Title II benefits are calculated by the Social Security Administration based on what you have paid into Social Security.

How are benefits in Supplemental Security Income calculated?

Supplemental Security Income benefits are paid at a set rate.

How do I apply for Social Security Disability?

You may apply in person at a local Social Security office  online and by telephone.

How much time do I have to appeal a Social Security denial?

You have 60 days to appeal a Social Security denial.

Will the Social Security Administration send me to a physician?

The Social Security Administration may send you to be evaluated, and you must attend the evaluation.

How do I prove I am disabled?

You must have medical evidence to establish you have a medical condition that prevents substantial, gainful employment.

Can I work and apply for Title II Social Security Disability?

You can earn a limited amount per month.

Can I work and apply for Supplemental Security Income benefits?

Any amount you earn will reduce Supplemental Security Income benefits.

We work to obtain our clients’ medical records to present as evidence and to prepare our clients for testimony at a hearing before the Administrative Law Judge.

Car, Truck, & Motorcycle Injuries

Car wrecks, truck wrecks and motorcycle wrecks can cause serious injury and, in some cases, death.

We thoroughly investigate how and why our clients were injured as well as the extent of our client’s injuries to prove their damages.

Presenting a case requires you establish liability as well as the nature and extent of injuries and damages. Damages include past lost wages, future loss of power to labor and earn money, past medical expenses, future medical expenses, as well as pain and suffering.

Accidents can be caused by many factors, such as:

    • Failure to follow speed limit
    • Failure to yield right of way
    • Failure to follow road signs
    • Failure to merge properly
    • Failure to maintain control of the vehicle (involving speed, rain, snowy surfaces, icy surfaces)
    • Failure to observe the road traffic
    • Distracted drivers
    • Texting drivers
    • Alcohol, medication, and controlled substance influenced drivers
    • Failure to maintain proper distance (following vehicle too closely)
    • Failure to maintain vehicle in safe operating condition

Kentucky No-Fault law requires at least $10,000 in No-Fault (PIP) benefits from the insurer for the vehicle you are in at the time of the motor vehicle accident for wage loss and medical expenses.

Underinsured Motorist Coverage (UIM) provides coverage when the person causing the accident does not have adequate insurance coverage for your injuries and losses. We recommend you consult your insurance agent to see if you have UIM Coverage and the amount of your Coverage.

Uninsured Motorist Coverage (UM) provides coverage for you when the person causing the accident does not have insurance. We recommend you consult with your insurance company to see if you have uninsured coverage and the amount of your coverage.

Drug & Pharmaceutical Injuries

Drug and pharmaceutical Injuries may occur when medication is improperly dispensed as the wrong drug or dosage or the wrong instructions accompanying the dispensed medication causes injury.

If you are injured as a result of a Drug and Pharmaceutical incident…

1. Keep all medicine bottles of any misfilled, misprescribed, or other incidents involving drugs and pharmaceuticals.

2. Report any misfilled medications to the pharmacy.

3. See your doctor regarding any adverse effects as soon as possible.

Damages in a drug and pharmaceutical case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the drug and pharmaceutical injuries.

There is a one- year statute of limitations in a drug and pharmaceutical case in which to file a lawsuit. This means you have one year from the date the medication was prescribed or dispensed to file a lawsuit. Failure to file a lawsuit within the one- year statute of limitations will forever bar you from recovering damages (money) as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Motor Vehicle Accident

If you are injured in a Motor Vehicle Accident…

Should I call the police when I am in a motor vehicle accident.

Yes, report the accident to the police at the time of the motor vehicle accident.

When should I see a doctor for my injury?

See a doctor for your symptoms as soon as possible and give a complete report of all your symptoms.

Why should I take pictures?

Pictures are the best way to show the scene, damaged vehicles or other property damage and your injuries.

Should I keep a record of my symptoms and treatment?

Yes, keep a diary of your symptoms, doctors’ visits, and days off work as you may not remember later.

Should I keep all medical bills?

Yes, keep documentation of all medical bills to make sure all are properly paid.

What is No-Fault / PIP benefits?

Kentucky No-Fault law requires at least $10,000 in No-Fault (PIP) benefits from the insurer for the vehicle you are in at the time of the motor vehicle accident for wage loss and medical expenses.

What is Underinsured Coverage?

Underinsured Motorist Coverage (uninsured coverage) is to protect you from losses when the person causing the accident does not have adequate insurance coverage for your injuries and losses. We recommend you consult your insurance agent to see if you have underinsured coverage.

What is Uninsured Insurance Coverage?

Uninsured Coverage is to protect you from losses when the person causing the accident does not have insurance. We recommend you consult your insurance agent to see if you have uninsured coverage.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Bicycle & ATV Injuries

Bicycle and ATV injuries may occur when another driver negligently operates a motor vehicle or when the operator of an ATV is negligent and their operation of the vehicle causes injury to a passenger or others. Bicycle injuries may occur when bicycles and ATVs are negligently operated causing injury to pedestrians or others. Bicycle and ATV injuries may also occur as a result of a negligent design or construction of the bicycle or ATV and can be pursued as a products liability case. Negligent repair of the vehicles would be pursued as a personal injury case.

If you are injured as a result of a Bicycle or ATV incident…

1. Obtain names and contact information for any witnesses to the incident or witnesses after the incident.

2. Take pictures to show the area where the incident occurred and what caused the incident.

3. Keep the bicycle or ATV involved in the accident in an unaltered state.

4. Take pictures of your injuries, such as cuts, bruises, abrasions, etc.

5. See a doctor as soon as possible and report your injuries, how they occurred, and any symptoms you are having.

6. If you are restricted from work or given work restrictions, obtain a work statement and retain a copy for your records.

7. Do not give a recorded statement – if you complete an accident report, retain a copy.

8. If negligent repairs caused the injury, keep the bill for any repairs.

9. Take pictures of the bicycle or ATV.

Damages in a bicycle or ATV accident case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the bicycle or ATV accident injuries.

There is a one year statute of limitations in a bicycle or ATV case in which to file a lawsuit. This means you have one year from the date of injury in which to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering damages (money) as a result of your injury.

If the accident involves a motor vehicle the statute of limitations is two years from the date of accident.

There is a one year statute of limitations in a products liability case in which to file a lawsuit. This means you have one year from the date you were injured or discovered you were injured as a result of a defective product to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering monetary damages as a result of your injury.  With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Restaurant & Bar Liability

Restaurant and bar liability/Dram Shop injury may occur when a bar or restaurant knows an individual is intoxicated and continues to sell alcohol to the individual and/or take action to intervene to prevent the individual from harming others.

If you are injured in a Restaurant/Bar Owner’s Liability or Dram Shop Law incident…

    1. Obtain names and contact information for any witnesses at the restaurant/bar or at the accident/injury scene.
    2. Take pictures to show the restaurant/bar scene and the accident/injury site.
    3. Take pictures of your injuries, such as cuts, bruises, abrasions, etc.
    4. See a doctor as soon as possible and report your injuries, how they occurred, and any symptoms you are having.
    5. If you are restricted from work or given work restrictions, obtain a work statement and retain a copy for your records.
    6. Do not give a recorded statement – if you complete an accident report, retain a copy.
    7. Call police for any accidents.
    8. If a vehicle accident, obtain vehicle identifying information.
    9. If a vehicle accident and the vehicle tries to leave the scene, try to obtain the license plate number and the color, make, and model of the vehicle as well as any other identifying information on the vehicle such as business names.

Damages in a restaurant/bar owner’s liability case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the restaurant or bar owner’s liability or as a result of a Dram Shop Law violation.

There is a one year statute of limitation in a restaurant/bar liability/Dram Shop case in which to file a lawsuit. This means you have one year from the date the restaurant or bar failed to act when an individual appeared intoxicated or chemically/drug impaired. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering damages (money) as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Pedestrian Injuries

Pedestrian injuries may occur when an individual is struck by a moving motor vehicle. The no fault insurance for the vehicle is responsible for the no fault coverage up to $10,000 for lost earnings (maximum $200 a week) and medical expenses. Higher amounts may apply if there is additional coverage. If the collision was the result of negligence by the operator of the vehicle, a personal injury case may be pursued for your damages.

If you are injured as a result of a Pedestrian incident…

    1. Obtain names and contact information for any witnesses to the pedestrian incident or witnesses after the incident.
    2. Take pictures to show the area where the incident occurred.
    3. Take pictures of your injuries, such as cuts, bruises, abrasions, etc.
    4. See a doctor as soon as possible and report your injuries, how they occurred, and any symptoms you are having.
    5. If you are restricted from work or given work restrictions, obtain a work statement and retain a copy for your records.
    6. Do not give a recorded statement – if you complete an accident report, retain a copy.
    7. Obtain a police report.
    8. If the driver of the vehicle attempts to leave the scene, try to obtain the license plate number and the color, make, and model of the vehicle as well as any other identifying information on the vehicle such as business names.

Damages in a pedestrian injury case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the pedestrian injuries.

There is a one year statute of limitations in a pedestrian injury case in which to file a lawsuit. This means you have one year from the date of injury in which to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering damages (money) as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Dog Bites

Dog bite injury may occur when an owner is on notice a dog has a propensity to be dangerous or harm others and does not properly restrain the dog resulting in an injury to another individual.

If you are injured as a result of a dog bite incident…

  • Obtain the name and address of the owner of the dog.
  • Obtain names and contact information for any witnesses to the incident and your injuries.
  • Obtain names and contact information for any individual with information regarding the dog and prior incidents of attacks and/or biting.
  • Take pictures of the area where bitten and the dog if possible.
  • Obtain medical treatment as soon as possible and report the history of what happened and all injuries.
  • Follow up with any treatment recommendations.
  • Take pictures of your injuries.
  • Keep a copy of all medical bills.

Damages in a dog bite case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the dog bite.

There is a one year statute of limitations in a dog bite case in which to file a lawsuit. This means you have one year from the date of injury in which to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering damages (money) as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Defective Products

Product liability cases may occur due to a defective product including improper design, construction, composition, guarding and warning.

If you are injured as a result of a Products Liability incident…

  • Keep the defective product involved in the accident in an unaltered state and maintain the custody of the product.
  • Keep purchase information (receipts) if available.
  • Keep any paperwork that came with the product, such as any warranty information.
  • Obtain names and contact information for any witnesses to the incident or witnesses after the incident.
  • Take pictures of the product and manufacturer information and the area where the incident occurred and what caused the incident.
  • Take pictures of your injuries, such as cuts, bruises, abrasions, etc.
  • See a doctor as soon as possible and report your injuries, how they occurred, and any symptoms you are having.
  • If you are restricted from work or given work restrictions, obtain a work statement and retain a copy for your records.
  • Do not give a recorded statement – if you complete an accident report, retain a copy.
  • If negligent repairs caused the injury, keep the bill for any repairs.

There is a one- year statute of limitations in a product liability case in which to file a lawsuit. This means you have one year from the date you were injured or discovered you were injured as a result of a defective product to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering monetary damages as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

Slip and Fall

Slip and fall injury may occur when an individual slips and falls as a result of the failure to remove or adequately remove liquids or other material from a floor or stairs. Snow and ice, or improperly removed snow and ice, faulty construction or maintenance of sidewalks, stairs and other areas where someone would be expected to walk and may cause injury, may be the basis for a case. Further, inadequate hand rails or lighting and other hazardous situations resulting in a slip and fall may establish liability.

If you are injured in a Slip and Fall incident…

1. Should I report the slip and fall to the individual at the location where I fell?

Yes, and try to obtain the name and position of the manager and/or person you notified.

2. Obtain names and contact information for any witnesses to the fall or witnesses after the fall.

3. Take pictures to show the area where you fell and what caused you to fall.

4. Take pictures of your injuries, such as cuts, bruises, abrasions, etc.

5. See a doctor as soon as possible and report your injuries, how they occurred, and any symptoms you are having.

6. If you are restricted from work or given work restrictions, obtain a work statement and retain a copy for your records.

7. Do not give a recorded statement – if you complete an accident report, retain a copy.

Damages in a slip and fall case may include lost wages, medical expenses, and pain and suffering. You must prove the damages occurred as a result of the slip and fall.

There is a one year statute of limitations in a slip and fall case in which to file a lawsuit. This means you have one year from the date of injury in which to file a lawsuit. Failure to file a lawsuit within the one year statute of limitations will forever bar you from recovering damages (money) as a result of your injury. With minors, the statute of limitations begins to run with the minor’s eighteenth birthday.

We work with our clients to obtain the evidence to establish liability and to establish our client’s injury.

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We Help Injured/Disabled People In Workers’ Compensation, Social Security Disability And Personal Injury Cases

We Serve Clients Throughout Kentucky, Including Louisville and Surrounding Counties

640 South Fourth Street Louisville KY

Office Location – Louisville, KY

Our office is on the 4th floor, (suite 400), of the Bisig Impact Centre, which is located on Fourth Street, on the same block as the Brown Hotel and the Louisville Palace in Downtown Louisville.

Cotton Wolfinbarger & Associates, PLLC

640 South Fourth Street, Suite 400
Louisville, Kentucky 40202
Phone: (502) 569-2711
Fax: (502) 569-2710

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