July 06, 2020

Kentucky Personal Injury Lawyer

Have you been dealing with a catastrophic injury caused by another person? Are you considering your legal options? If so, a personal injury lawyer in Kentucky may be able to help.

Accidents happen, but when they do, the person or persons who are responsible for causing them shouldn’t get away with it, leaving you to pick up the pieces after their mistakes. We understand that the thought of filing a lawsuit can be intimidating. You may even be reluctant to sue in the first place. 

Fortunately, when you work with a regarded Kentucky personal injury lawyer at Wilt & Thompson, PLLC, you’ll have a team of lawyers making your interests top priority. If we take on your case, you can be sure we’ll do everything possible to get full repayment of your losses. We want you to be able to put this traumatic experience behind you.

When to Pursue a Personal Injury Claim in Kentucky

Many injury victims don’t file a lawsuit after they’ve been injured because they don’t know if they have a case. They don’t want to waste their time further by going to court, only to lose. If this sounds like what you’re going through, you are likely wondering how to know when you should pursue a claim in Kentucky. 

The good news is that the ability to file an injury claim is actually fairly simple. Ask yourself, “Could someone else be to blame for my injuries?” If the answer is yes, then you should consider consulting with a Kentucky injury lawyer about the details of your case. 

Our firm proudly represents individuals in Kentucky who have endured serious injuries in incidents including:

  • Birth injuries
  • Nursing home abuse
  • Medical malpractice
  • Car accidents
  • Slip-and-falls
  • Dog bites
  • Work injuries
  • Premises liability cases
  • Defective products
  • Commercial trucking accidents

These are just a few of the ways Kentucky residents have suffered at someone else’s hands. Have you been in any of these accidents or injured in some other way? Still aren’t sure whether you should sue for your losses? Reach out to our office for more info.

Understanding Liability in Personal Injury Claims

Liability refers to the individual or entity that is to blame for the cause of the injuries you sustained. The fault can be direct or indirect. Your Kentucky injury claim can only be successful in court if your lawyer is able to establish that the party named in your claim is at fault, based on evidence. 

The type of incident you were in will largely determine who this party is. For example, if you believe you may be a victim of medical malpractice, the following parties could be to blame:

  • Surgeons
  • Physicians
  • Nurses
  • Nurses aides
  • Obstetricians
  • Gynecologists
  • Midwives
  • The doctor’s office
  • The hospital

Another example could be if you were injured in a car accident. In these cases, it’s common for the Kentucky Transportation Cabinet, the driver of the vehicle that hit you, the automakers of the involved vehicles, or maintenance technicians to be to blame. 

As can be seen, establishing fault in a personal injury claim can be a challenge. That’s why your lawyer will need to carefully review the details of your case and investigate so the right liable party is uncovered in Kentucky.

Recovering Damages After a Personal Injury in Kentucky

In addition to bringing the liable party to justice for their actions, the goal of any personal injury claim is to recover compensation for your losses. More commonly known as “damages,” these losses are broken up into two categories: economic and non-economic damages.

Economic damages consist of your financial losses. Anything that cost you money is going to fall into this category. Your medical expenses, loss of income, any property damage, and the damage to your future earning capacity are all considered to be economic damages.

Then you have non-economic damages. These consist of losses related to your lifestyle and emotional state. A few commonly sought non-economic damages include:

  • Diminished quality of life
  • Pain and suffering
  • Mental anguish
  • Loss of companionship and love
  • Loss of household services
  • Inconvenience
  • Scarring or disfigurement

The reason for the division of damages is because economic damages already have a set monetary value, whereas non-economic damages will need to be quantified. After assigning your non-economic damages a monetary value, this total will be combined with your economic losses to see how much your claim is worth. This is the amount you’ll be seeking when you file your personal injury claim in Kentucky. 

Kentucky Personal Injury FAQ

During this difficult time in your life, you probably have a million questions running through your mind. We can’t answer each one here. But we have answered some of our frequently asked civil claims questions below so you can better prepare yourself for what’s next. Any additional questions or concerns can be discussed in detail during your free consultation.

Will I have to go to court for a personal injury claim?

It’s difficult to say. We certainly aren’t afraid of bringing your case to court if we think it’s your best chance at being awarded max compensation. But if negotiations with the insurer can get you an injury settlement that meets your needs, it’s possible to avoid going to court. 

How long do I have to decide if I want to file an injury claim in Kentucky?

The Kentucky statute of limitations for personal injury claims is one of the shortest in the country. Injury survivors have just one year from the date of their injury to file a claim. 

The statute of limitations will begin either the day you are injured or the day on which you discover your injury. It will expire one year later. In cases where children or infants are injured, the time limit will not expire until one year after they reach the age of 18. This deadline is critical. Your case will be dismissed if you try to file your claim after the time limit expires. 

What if I’m partly at fault for my personal injury?

Kentucky is a comparative negligence state when it comes to shared fault. That means even if you are partly to blame for your accident, you can still file a claim against the party that’s primarily at fault. But be aware that any amount you are awarded will reflect a shared fault deduction. 

For example, if you were found to be 10 percent to blame for the cause of your injuries and a jury awarded you $100,000, you would actually receive $90,000 after your 10 percent comparative fault deduction. 

Meet with a Personal Injury Lawyer in Kentucky

Have you been seriously injured in an accident of any kind, including being a victim of medical malpractice? Learn more about how a qualified Kentucky personal injury lawyer at Wilt & Thompson, PLLC could help you get max compensation for your suffering. Come in for a free consultation. 

We provide complimentary claim reviews to injury survivors across Kentucky. Take advantage of this opportunity by filling out the quick contact form at the bottom of this page or calling our office at 502-253-9110.