When an unexpected accident causes you injury, it’s likely you’re dealing with mounting medical bills and lost wages from time off work. In the event someone else’s negligence contributed to your accident, you have the right to file a claim against them in an effort to seek compensation for your losses. In Kentucky, a Louisville personal injury lawyer can represent you and guide you through the claims process.
At Thomas Law Offices, our personal injury attorneys provide clients with the best legal representation available. We understand how life-changing a serious injury can be, and we are here to help. Dealing with insurance companies and understanding applicable laws when you’re coping with physical, emotional, and financial injuries can seem daunting, if not impossible. Fortunately, the attorneys at Thomas Law Offices have the legal experience and resources to fight for injury victims in Louisville, Kentucky.
Personal Injury Cases We Handle
Regardless of the type of accident that caused your injuries, your Kentucky personal injury lawyers will work to prove that careless or negligent actions resulted in your damages. If you were injured in an accident and suffered losses, whether they be economic or noneconomic, you have grounds to file a claim if you believe someone else’s actions or inactions contributed to the incident.
Some of the most common personal injury cases the Louisville personal injury attorneys at Thomas Law Offices handle include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bus Accidents
- Bike Accidents
- Pedestrian Accidents
- Nursing Home Abuse
- Medical Malpractice Cases
- Birth Injury
- Brain Injury
- Burn Injury
- Spinal Cord Injury
- Product Liability
- Premises Liability
- Slip and Fall Accidents
- Dog Bites
- Construction Accidents
- Social Security Disability
- Workers’ Compensation
- Sexual Assault
- Wrongful Death
- Negligent Security
If you don’t see your accident type listed above, that doesn’t mean you don’t have a claim. If you are interested in learning about your legal rights and whether you’re eligible for compensation, a Louisville personal injury attorney can evaluate your situation and explain the best options for recovery. Our experienced legal team will meet with you for a free case evaluation to discuss how we can help you recover maximum compensation.
Why Choose the Personal Injury Attorneys of Thomas Law Offices?
It is our mission to protect victims who sustained injuries due to the careless or negligent actions of another party. We practice law because we know we can make a difference in the lives of injured victims facing steep losses through no fault of their own. When medical bills and lost income make day-to-day living an extreme challenge, we offer the legal representation needed to get your life back.
As your Louisville personal injury attorneys, we offer you:
- Deep knowledge of personal injury law and Kentucky legislation as it applies to your case
- Extensive experience in numerous types of complex personal injury cases
- Strong emotional support and expert legal guidance
- A willingness to go the extra mile to make your claim stronger and your outcome more favorable
- Personal attention to the individual needs of you and your family
- An ability to handle insurance companies on your behalf
- Expert negotiation skills that can win you the highest settlement
- A free consultation to discuss your situation at no cost to you
- Clear communication through every step of the legal process
What Do Personal Injury Lawyers Do?
Louisville personal injury cases can be highly complex and nearly impossible for an injury victim to handle without the help of a personal injury attorney. Personal injury law exists to make sure that victims aren’t left to suffer the financial consequences of another party’s wrongdoing.
If, for example, medical malpractice leaves you with physical impairment and ongoing medical expenses, an injury attorney can help you hold the negligent medical professional liable. By filing a claim against the at-fault party, you can obtain the financial compensation you need to cover your losses. At the same time, you can help ensure that the same negligence doesn’t injure another person.
Your Louisville personal injury attorney will help you by:
- Analyzing the causes of your accident and determining liability
- Obtaining evidence to support your case, including police reports, photos, medical records, eyewitness accounts, and expert witness testimonies
- Properly filing required forms and documents within all mandatory deadlines
- Communicating and negotiating with insurance carriers to obtain maximum compensation
- Representing you in court if your case needs to go to trial
What Are the Most Common Injuries in a Personal Injury Case?
Personal injuries can take on many forms. Depending on the type of accident you suffered, you may have temporary injuries or permanent disability. In some cases, such as birth injuries, one act of negligence can completely change a person’s future.
Clients often come to us after they have suffered one or more of the following serious injuries:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis or loss of mobility
- Internal organ damage
- Broken bones
- Severe lacerations
- Amputation or loss of limb
- Disfigurement and scarring
- Permanent physical or cognitive impairment
- Post-traumatic stress disorder (PTSD) and other psychological trauma
Understanding How a Louisville Personal Injury Claim Works
Not every personal injury victim knows what to expect when they begin to seek recovery in a personal injury case. While no two Louisville personal injury cases are alike, there is a standard process you can be prepared to work through with the help of your personal injury attorney.
After an accident, injured victims can expect to follow these steps:
Seek Medical Treatment
Seeking medical attention as soon as possible is critical. Even if you don’t feel pain right away, you could have hidden injuries. This first step is important to your health, but it is also a key component of your personal injury case. Your medical records will prove the severity of your injuries and demonstrate the direct link between the accident and injuries.
Contact a Personal Injury Lawyer
After you’ve seen a doctor, it’s time to schedule a consultation with a personal injury lawyer. The sooner you do so, the better your chances will be of recovering full and fair compensation.
Your personal injury attorney will begin investigating your accident to determine liability. Personal injury victims may think they know the full cause of their injuries and who is liable, but there may be other issues at play. For example, an injured party may believe a doctor acted negligently when, in fact, defective medical devices were a factor. It takes an experienced legal team to uncover the way faulty medical devices contributed to the injury incident.
Insurance carriers will demand compelling evidence that your injuries occurred as you say they did. Any seemingly insignificant detail may be scrutinized in an attempt to undervalue or deny your claim. Your Louisville personal injury attorney may use the following types of evidence to build your claim:
- Photos of the accident scene
- Surveillance video or dashcam footage
- Police reports
- Eyewitness accounts
- Expert witness testimony
- Proof of the injuries you sustained
There are many ways a person’s life is impacted by a serious injury, and your amount of compensation should accurately reflect that. Some insurance carriers only look at the immediate cost of the injury (such as your trip to the emergency room), but at our law firm, we know the cost of negligence lasts much longer. When we calculate compensation, we give your claim maximum value. This may include compensation for:
- Medical bills now and in the future
- Rehabilitation and therapy costs
- Prescription medications
- Lost income
- Loss of future income after diminished earning capacity
Obtain a Settlement or Verdict
In most situations, a personal injury case will be able to settle out of court. But if a settlement can’t be reached, it may be best to take your case to trial. The Louisville personal injury lawyers from Thomas Law Offices have years of experience litigating in Kentucky courts. We are prepared to advocate for you before a judge and jury if that is the best way to ensure maximum compensation for your losses.
How To Prove Negligence in a Personal Injury Case
For your case to be successful, you and your law firm will need to prove that negligence occurred. The concept of negligence involves four elements: duty of care, breach, causation, and damages.
Duty of Care
Duty of care refers to the care one person owes another in given circumstances. For example, drivers owe others on the road a duty of care to abide by traffic laws and operate their vehicles safely. Doctors similarly owe each patient a standard of care that must be met.
Breach of Duty
This means that a person or other entity failed to uphold the duty of care they owed you. In the example of a car accident, the other driver may have breached a duty of care by texting and driving. In the example of medical malpractice, a nurse may have breached a duty of care by failing to check your medical chart before administering medication.
Proving causation involves connecting your injuries to the accident. You’ll have to prove to the insurance company that you’re seeking compensation for new injuries—not a preexisting condition. Your lawyer will use your medical records to prove your injuries were a direct result of someone else’s negligence.
Damages refers to the losses you incurred because of the accident. Your lawyer will need to prove that your injury directly resulted in damages, such as medical costs or loss of income. Your compensation will be dependent on the extent of your losses.
During your initial free case evaluation at our law firm, we will discuss how we can prove each of these elements, as well as the compensation to which you are entitled. We take most cases on a contingency fee basis, so you don’t have to worry about any fees unless you win.
What Compensation Are Injury Victims Entitled To Receive?
There are three types of damages your Louisville personal injury attorneys may advise you to seek: economic damages, noneconomic damages, and punitive damages.
This refers to the calculable expenses associated with your accident. An injury victim may have economic damages such as medical expenses, property damage, transportation and childcare costs, and lost wages and benefits. The attorneys at our law firm are careful to calculate every expense you incurred due to someone else’s careless or negligent actions.
These are the losses without a definitive number attached. As such, noneconomic damages are more difficult to calculate. For example, while the cost of repairing your vehicle after a car accident is clear, the amount you lost through pain and suffering is less tangible. It’s important to work with a legal team experienced in this area of the law. It may be the case that you are eligible to pursue noneconomic damages such as:
- Pain and suffering
- Emotional and mental anguish
- Loss of enjoyment of life
- Disability or disfigurement
- Loss of companionship or loss of consortium (in wrongful death cases)
These damages are meant to punish gross or willful negligence. Punitive damages are relatively rare in injury claims but may apply if particularly egregious actions led to your injuries. If drunk driving caused your car accident, for example, your attorney may recommend you pursue punitive damages in addition to compensatory damages.
Personal Injury Laws in Kentucky
Your claim will be subject to state and federal laws, so your attorney will need to know which laws apply to your case. In Louisville, KY, plaintiffs need to consider the comparative fault rule and the statute of limitations that applies.
Our state follows pure comparative negligence laws. Under this rule, Kentucky recognizes that multiple parties can be at fault for an accident. If the injury victim filing the claim is found partially responsible for what happened, their compensation can be reduced by their percentage of fault.
Statutes of Limitations
Your injury claim must be filed within a specific time limit—referred to as a statute of limitations. In Kentucky, most personal injury claims are subject to a one-year deadline. In most cases, the timer starts on the date of the accident. However, in some cases, the date may start when the full extent of the injuries is discovered. Your lawyer will be able to determine just how long you have to file your claim. If you fail to meet the deadline, the court will likely dismiss your claim, and you’ll be ineligible for compensation.
Tips To Maximize Your Personal Injury Compensation
There are a few steps to take to avoid putting your personal injury claim in jeopardy. The Louisville personal injury attorneys from Thomas Law Offices offer the following tips to maximize your chances of a successful case outcome:
Document Your Injuries and Medical Care
While we mentioned the importance of medical attention above, we’ll stress it again here. Make sure you see a doctor after your accident. This is the only way your injuries will be officially documented. If you don’t see a doctor, you won’t have proof of injury.
Take Photos of the Accident Scene
If possible, preserve evidence from your accident. The best way to do this is by taking photographs or videos—especially after an auto accident or slip and fall incident. Write down what you remember and record anything you think is important. Your lawyer will be able to use this information to support your claim.
Be Careful When Speaking With Insurance Adjusters
Insurance carriers are notorious for sending adjusters to question accident victims immediately after the injury. Be careful that an off-handed remark isn’t used against you. Even saying “I’m fine” after an accident may be used as proof that you’re not seriously injured. Be honest but brief in your answers, and avoid offering too much information. Remember that it’s always better to say you’d like to speak to your lawyer if something feels off.
Avoid Social Media
It’s best to stay off social media. While we understand you want to let everyone you care about know you are okay, posting anything online could risk your chances of a successful claim if insurance companies think your injuries aren’t as severe as you reported.
The Benefits of Working With a Personal Injury Attorney
Depending on the circumstances, you may think about handling your legal matters on your own. It’s important to understand why working with an attorney is so beneficial—especially when you need the compensation to fully recover from your physical injuries and financial losses.
The Resources You Need To Make Your Claim Successful
Your personal injury lawyer will thoroughly investigate your claim and collect the evidence needed to prove negligence. Much of this evidence may be very difficult to obtain on your own. Your case may also benefit from an expert medical witness who can speak to the extent and impact of your injury. Your attorney will know who to get in touch with to ensure your injuries are well explained.
Protection From Insurance Adjuster Tactics
If you’re dealing with an insurer, it’s likely the adjuster assigned to your case will try to reduce the amount of compensation you’re owed. Remember that the adjuster’s job is to protect their company’s bottom line—not ensure you receive fair compensation. Our qualified legal representatives will make sure an insurance company doesn’t cheat you out of what you are legally owed.
Contact a Louisville Personal Injury Lawyer Who Cares
It only takes seconds for a person’s life to be completely upended because of someone else’s negligence. We work hard to bring justice to tragic situations like these. It’s our goal to make sure you are compensated for what was taken from you.
Contact us today to schedule a free consultation with an experienced and compassionate personal injury attorney. Your case will be treated with the dignity and care it deserves.
Thomas Law Offices – Louisville Office Address
9418 Norton Commons Blvd
Louisville, KY, 40059
Local: (877) 256-4296