Accidents happen constantly, and while not all of them cause serious injuries, a shocking percentage do. Far too often, the injuries that send people to the hospital are the result of someone else’s negligent, reckless, or wrongful action.
If you suffered a serious injury because of someone else’s action, you deserve the chance to fight for the compensation you need to cover your medical bills, lost wages, and any other damages you may have incurred because of your accident.
At Thomas Law Offices, we are committed to providing our clients with the experienced and knowledgeable legal representation they require in their time of need. Contact our firm today to schedule a free case evaluation and discuss your next steps with our Lexington personal injury lawyer.
Most Common Causes of Personal Injury Lawsuits
According to the National Center for Health Statistics, approximately 25.5 million people visited the emergency room for unintentional injuries in 2021.
Over the years, our firm has handled various personal injury lawsuits. The ones we see most frequently include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Brain injuries
- Sexual assault
- Product liability
- Premises liability
- Spinal cord injuries
- Slip and fall accidents
- Negligent security
- Wrongful death
While these cases are the most common, our Lexington personal injury attorneys are equipped to manage any case where someone else’s actions caused your injuries. Even if you don’t see your specific case on this list, don’t hesitate to reach out to our firm. We will provide you with the legal guidance you can trust and will fight to ensure that you see justice.
What Types of Compensation Can I Get in Kentucky?
Each personal injury case is unique, so it’s impossible to say for sure how much or what kinds of compensation you may be eligible for before thoroughly investigating your situation. This is heavily dependent on what type of accident caused your injuries, what parties were involved, the severity of your injuries, and countless more factors. However, there are three key types of compensation potentially available for you and your legal team to fight for:
Economic Damages
This type of compensation covers all of the tangible impacts on your financial well-being, which include:
- Medical bills
- Rehabilitation
- Lost wages
- Loss of employment
- Lost earning capacity
- Property damage
- Domestic services
This is not an exhaustive list of all the potential economic damages — your attorney will work closely with you to create a detailed list of every financial implication of your injury and fight to ensure you receive the compensation you need.
Non-Economic Damages
This type of compensation covers the intangible impacts of your injury that do not have a set monetary value. This can include:
- Mental anguish
- Psychological distress (such as PTSD)
- Physical pain and suffering
- Disfigurement
- Loss of society and companionship
- Loss of consortium
- Loss of enjoyment of life
Calculating these types of damages can be extremely difficult, but an experienced Lexington personal injury lawyer understands how to navigate this process to put you in the best position to fight for the maximum compensation possible. Because this type of compensation can be extremely subjective, you need to make sure you can trust your legal representation to create a comprehensive argument for the non-economic damages you may have suffered in your accident.
Punitive Damages
This type of compensation is significantly less common than the other two forms and is typically not something that can be expected in most lawsuits. This type of compensation is implemented to punish the at-fault party for egregious or repeated dangerous actions as a financial deterrent to discourage engaging in similar behavior in the future. Punitive damages, if awarded, will be in addition to any economic or non-economic damages.
Proving Fault in a Personal Injury Case
Determining liability is one of, if not the most important part of any personal injury lawsuit. The amount you can recover is determined by the percentage you are at fault. Kentucky law allows an injured person to seek damages for their injuries, even if they are found to be partially at fault for the accident. However, the amount they can recover is reduced by the percentage they are found to be at fault. For example, if someone is awarded $100,000 in damages and is found to be 20% responsible for the accident, they will receive $80,000.
Proving fault is a vital part of any personal injury case, and our Lexington personal injury lawyer is well-versed in handling this part of the case. We will work closely with you to ensure you are well-informed of the process throughout your lawsuit. In most cases, the process follows a similar pattern:
Identify All Potentially Liable Parties
In some personal injury cases, multiple parties can be held liable. Kentucky law does not restrict the number of parties that can be named in a lawsuit, and if proven to be at fault for your accident, it can potentially increase the amount you could recover. This can include the employer of the person who caused the accident, medical professionals involved in your care, property managers of a dangerous workspace, and more. Your attorney will work closely with you to understand the relevant factors and identify who can be held liable for your injuries.
Establish a Duty of Care
In any personal injury case, proving that the at-fault party or parties had a duty of care is a vital step. Duty of care is the legal obligation to act in a way that will not cause foreseeable harm to others and must be proven to hold that person liable. This includes demonstrating:
- That the defendant owed you a duty of care.
- That the defendant failed to uphold their duty of care.
- That you suffered injuries as a direct result of that failure.
- That you suffered as a direct result of your injuries.
Proving this is vital to ensure you are in the best position to fight for the maximum compensation possible. Our firm is committed to thoroughly investigating and identifying all parties at fault for your injuries — we understand the physical, emotional, and financial toll our clients can feel, and we will work tirelessly to ensure you receive the justice you deserve.
Personal Injury Lawsuit FAQs
Do I Need a Personal Injury Attorney?
Although it is possible to file an injury claim without the guidance of a personal injury attorney, doing so is inadvisable. It’s impossible to replace the knowledge and experience of a law firm, and doing so can seriously limit how much you will be able to recover if you can recover anything. We recommend that you reach out to our firm if:
- You have particularly severe injuries
- You suffered significant financial losses
- Liability is in question
- There is more than one at-fault party
- The insurance company is not taking you seriously
- Your claim involves a government entity
Can I Still Collect Compensation if I Was Partially at Fault for My Accident?
Kentucky is among only 13 states with pure comparative negligence rules regarding personal injuries. This rule allows you to pursue compensation for your damages even if you were partially at fault for the accident and your injuries. Anyone who is not 100% at fault for an accident may seek compensation.
If you are found to be partially at fault, your overall settlement will be reduced by your percentage of fault. This means that if you were 10% at fault, your award would be reduced by 10%.
How Long Do I Have to File a Personal Injury Case?
Kentucky state law applies a statute of limitations to most personal injury claims. Depending on the specifics of your case, you will either have one year or two years to file. In any case, it’s important to reach out to a law firm as quickly as possible to ensure that you do not lose the chance to seek the damages you are owed.
How Long Do Personal Injury Cases Last?
The length of each personal injury case can vary, with some only taking a few months to close while others can take years. Several factors will have an impact on the timeframe of your specific case, including how much evidence is immediately available and whether the at-fault party admits responsibility for their actions. It’s impossible to gauge exactly how long a case will take, but our team is committed to providing you with the hands-on representation you need throughout the entire process.
What if I Was in a Hit-and-Run Accident?
It is entirely possible to recover compensation for a hit-and-run accident. Kentucky is a no-fault state for auto accidents, meaning victims typically file a claim with their insurer regardless of fault. A claim is only filed against the other driver’s insurer if the cost of medical treatment and other damages exceed the victim’s own policy limits.
When a driver flees the scene of an accident, Personal Injury Protection (PIP) insurance should cover the following damages:
- Bills for medical treatment
- Lost wages
- Expenses of daily life
- Funeral and burial expenses
Unfortunately, it’s extremely common for your own insurance provider to act in favor of their own bottom line rather than provide you with the complete coverage you deserve. If your insurer is denying your claim or trying to limit your settlement, reach out to our law office today.
What if More than One Person Caused My Injuries?
It is not uncommon for a claim seeking compensation for a serious personal injury like a birth injury to involve more than one liable party. As your legal team, we will work to identify all possible liable parties in your case.
How Much Is My Case Worth?
The truth is, there is no one-size-fits-all answer to this question. Your settlement amount varies depending on the circumstances of your case. However, there are a few factors that influence settlements:
- Severity of injuries
- Amount of medical expenses
- Your lost wages
- Established liability
- The at-fault party’s insurance coverage
While each case differs, personal injury settlements can range from modest amounts in minor cases to major payouts in more serious accident claims. Also, some subjective factors, such as pain and suffering, can affect the settlement. These non-economic damages are harder to quantify but can increase the total compensation you could recover if the injuries caused a major disruption in your quality of life.
While no exact figure can be provided for the “average” personal injury settlement, knowing these factors that influence your compensation can provide a better sense of what to expect. A consultation with our firm can help you clarify your possible settlement amounts.
Work With a Lexington Personal Injury Lawyer You Can Trust
If you or someone you love were seriously injured because of someone else’s negligent, reckless, or wrongful actions, you deserve the chance to fight for the compensation you are owed. Our Lexington personal injury lawyer has the experience and knowledge you can count on in your time of need. We are committed to fighting for your rights in the courtroom and at the negotiation table. Contact us through our secure and confidential online contact form to schedule a free case evaluation.
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