Have you been dealing with a catastrophic injury caused by the negligence of another? 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, and you may be reluctant to sue in the first place.
Fortunately, when you work with a regarded Kentucky personal injury lawyer at Wilt & Klausing, PLLC, you’ll have a team of attorneys making your best interests our top priority. If we take on your case, you can be sure that we will do everything possible to obtain full repayment of your losses so you can put this traumatizing experience behind you.
When to Pursue a Civil Claim in Kentucky
Many injury victims refrain from filing 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 attorney about the details of your case.
Our firm proudly represents individuals in Kentucky who have endured serious injuries in a number of different types of incidents, including:
- Birth injuries
- Nursing home abuse
- Medical malpractice
- Motor vehicle accidents
- Slip-and-falls
- Dog bites
- Work injuries
- Premises liability
- Defective products
- Commercial trucking accidents
These are just a few of the most common ways Kentucky residents have suffered at the hands of another. If you’ve been involved in any of the previously mentioned accidents or if you were injured in another way but still aren’t sure whether you should seek compensation for your losses, reach out to our office for more information.
Understanding Liability in Personal Injuries
Liability refers to the individual or entity that is to blame for the cause of the injuries you sustained, whether that be directly or indirectly. 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 a preponderance of the evidence.
The type of incident you were involved 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, depending on how your injuries came to be. For this reason, your lawyer will need to carefully review the details of your case and investigate so the right liable party is uncovered in Kentucky.
Damages You May Be Entitled to Recover after an Injury
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 applicable property damage, and the damage to your future earning capacity are all considered to be economic damages.
Then you have non-economic damages. These will consist of the losses that have nothing to do with money and everything to do with your lifestyle and emotional state. A few of the most 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 determine 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. While we can’t answer each one here, we have addressed some of our most frequently asked civil claims questions below so you can better prepare yourself for what’s next. Any additional questions or concerns you have can be discussed in detail during your free consultation.
Will I have to go to court?
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 maximum compensation. However, if negotiations with the insurance company can provide you with an injury settlement that adequately meets your needs, then it may be possible to avoid having to go to court.
How long do I have to decide if I want to file a claim in Kentucky?
The Kentucky statute of limitations for personal injury claims is one of the shortest in the country, giving injury survivors 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 in which you discover your injury, and it will expire one year later. In cases where children or infants are injured, the statute of limitations will not expire until one year after they reach the age of 18. This deadline is critical, as your case will be dismissed if you attempt to file your claim once the statute of limitations has expired.
What happens if I’m partially at fault?
Kentucky is a comparative negligence state when it comes to shared fault, so even if you are partially to blame for your accident, you can still file a claim against the party that is primarily at fault. Be aware, however, 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 Attorney in Kentucky
If you have been seriously injured in an accident of any kind, including being a victim of medical malpractice, and are interested in learning more about how a qualified Kentucky personal injury lawyer at Wilt & Klausing, PLLC could help you obtain maximum compensation for your suffering, come in for a free consultation.
We provide complimentary claim reviews to injury survivors across Kentucky. You can take advantage of this opportunity by filling out the quick contact form at the bottom of this page or giving our office a call at 502-253-9110.