What types of accidents require the services of personal injury attorney?
Car accidents are some of the leading causes of personal injury in the state of Kentucky. If you’ve been injured on the road, you’ll need the help of an accident attorney to help you deal with the insurance company. Other common causes of accidents that a lawyer in Kentucky can help with are:
- Slip and falls
- Pedestrian injuries
- Motorcycle and trucking accidents
What are the main benefits of working with an accident attorney?
An accident attorney will represent your best interests when it comes to dealing with the insurance companies. Insurance companies will try to bully you into accepting less than what your case is actually worth. An attorney will know how to talk to and negotiate with the insurance companies on your behalf. They will make sure that the insurance company will cover your medical bills so that you won’t go into debt.
Most cases can be settled out of court, but sometimes the injured party and the insurance company cannot reach an agreement. An experienced accident attorney will know how to present your case in front of a jury so you can be fairly compensated for your monetary losses and pain and suffering.
When should you contact an accident attorney?
In Kentucky, the statute of limitations for a personal injury claim is only one year. That means that you have only one full year to file a complaint after you’ve been injured in an accident. If you wait a year and one day, you can’t make a case. It’s crucial that as soon as you’ve been injured in an accident that you reach out to an attorney to represent your interests. They will be able to keep you from going into medical debt and recover your lost wages quicker than if you were to try and represent yourself.
If you’ve been injured in an accident in Kentucky, then you’ve come to the right place. When you use USAttorneys, we’ll be able to put you in touch with an accident attorney who is skilled at handling the specifics of your case. All of the law firms that are listed in our search engine are staffed with dedicated, caring accident attorneys in Kentucky who understand the nuances of Kentucky personal injury law. Don’t hesitate to use our services so you can get the compensation you deserve.
Can an accident victim benefit from legal counsel for any type of personal injury in Kentucky?
Recent Centers for Disease Control data reveals accidents as the 4th leading cause of death in Kentucky. When an accident victim is left with property damage and personal injury that leads to negative lifestyle changes and expensive medical bills, hiring legal counsel is the best course of action. An experienced attorney will know how to research federal and state laws that will support a claim for negligence. In many cases, insurance companies will try to get accident victims to sign settlement agreements early on so they can close out a claim before fault is concretely established. Consult with an attorney as soon as possible after an accident so they can do a review of your case, hire investigators to gather information from the accident scene, review all pertinent police reports, witness testimony and medical reports. This documentation will assist in the determination of fault.
Individuals have no way of preparing for accidental events that may lead to injury, long term disability, or wrongful death resulting from someone else’s negligent acts. Kentucky law provides for compensation after accidents, covering auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries. A victim can pursue legal action for economic and non-economic damages to cover unexpected losses.
Motor vehicle.
There were 664 fatal crashes in Kentucky in 2018, resulting in 724 deaths. Kentucky Revised Statutes sets the statute of limitations for most personal injury cases and car accident lawsuits at one year to file a case in court for damage claims. Kentucky is a “no fault” insurance state, so an accident victim may seek compensation from their own insurance to cover damages. Under the Kentucky pure comparative fault system, each driver is held responsible for damages sustained in the accident in proportion to that driver’s fault in causing the accident and an injured party is allowed to recover damages from the other driver if they meet certain criteria.
Negligent driver actions, including speeding, distracted driving, or drunk driving, carry criminal components that will have to be addressed first. When charges are upheld for the criminal proceeding, it may strengthen the civil action. A lawyer’s involvement may speed this process along due to the added complexities.
Personal injury.
In a Kentucky personal injury lawsuit, a victim can recover damages against any party who was at fault in causing injury, damage, or harm, but negligence will need to be proven. The statute of limitations is short in Kentucky, so a person must initiate legal action as soon as possible to recover damages.
Premises liability.
If an individual is injured as a result of poor conditions on someone’s property, improper maintenance and upkeep, or has some negative interaction with occupants and/or animals on the premises, a property owner’s responsibility to provide a duty of care will need to be proven, based on the reason the victim was visiting the property, and is generally covered under a homeowners’ insurance policy. For example, an invitee may be owed a duty of care, but a trespasser may not be owed that same duty.
Medical malpractice.
Kentucky does not place a cap on economic and non-economic damages recoverable in a medical malpractice action. Medical malpractice occurs when an individual is injured while under the care of a health care provider. The statute of limitations is one year from the date of injury, or knowledge of the date of injury, to file a medical malpractice suit, with some exceptions that an attorney can explain, specifically the “statute of repose” which says that any medical malpractice lawsuit “shall be commenced within five years from the date on which the alleged negligent act, or omission is said to have occurred.” Once five years passes after the alleged malpractice was committed, an individual’s right to file a medical malpractice lawsuit is lost in Kentucky, even if an individual is unaware of the harm.
Workers’ compensation.
Workplace injuries often result in serious economic hardship for a worker and their family because of a loss of income, unexpected medical bills, interruptions to daily routines, physical pain, and/or resultant disabilities. Worker’s compensation is in place to support injured workers and a skilled attorney may be of assistance in filing a claim with the Kentucky Department of Workers’ Claims. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself. Accurate records of injuries, medical treatment and worker’s salary will be necessary for this type of action.
Wrongful death.
A wrongful death legal action can be filed by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
** Punitive damages are not awarded in wrongful death actions in Kentucky.
What can a victim recover from property damage and accident injuries in Kentucky?
Compensatory damages are meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages for present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages for pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
Kentucky courts allow punitive damages when it is proven by clear and convincing evidence that an individual’s actions were found to be reckless, intentional, and harmful.
Legal action after an accident.
A Kentucky accident victim can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement.
