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
According to the National Center for Health Statistics, 40 million people went to the emergency room in 2022. Many of those individuals may have suffered a personal injury, whether from a car crash, medical malpractice, or defective product.
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?
Injury cases can be highly complex and nearly impossible for an injury victim to handle without the help of an attorney. Personal injury lawyers 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
- Contact a personal injury lawyer
- Gather evidence
- Investigate liability
- Calculate compensation
- Obtain a settlement or verdict
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.
Causation
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
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.
Economic 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.
Noneconomic Damages
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)
Punitive Damages
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.
Comparative Fault
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
- Take photos of the accident scene
- Be careful when speaking with insurance adjusters
- Avoid social media
How Long Will It Take to Settle My Case?
Unfortunately, there is no set deadline to settle a case. Many times, the severity of injuries influences these cases. If you have severe injuries, that often requires longer recovery times, extensive medical documentation, and ongoing treatment. All those factors can prolong the legal process.
Additionally, case complexity also determines how long it takes to resolve a personal injury case. If multiple parties, disputed liability, or substantial damages exist, those cases need more time to reach a resolution.
The willingness of the involved parties to settle can also affect the duration of a personal injury case as well. If the insurance company and the other parties involved are cooperative and open to negotiation, then reaching a favorable conclusion can happen quickly. However, if there is resistance to reaching a resolution, the case may proceed to trial.
In short, simple cases can be resolved in a few months, but complicated claims may take a year or more to reach a conclusion.
Common Mistakes to Avoid in a Personal Injury Claim
Proceeding through a personal injury claim can be stressful and confusing. Even a few common mistakes could hurt your chances of getting the compensation you deserve.
First, you don’t wait too long to get medical care. Even if your injuries seem minor, seeing a doctor right away creates a medical record that connects your injuries to the accident. Insurance companies may question the seriousness of your injuries if you delay treatment.
While you are at the accident scene, you can still take steps to help with your claim. Snap photos of the scene, your injuries, and any property damage. If there were witnesses, get their contact information. This evidence can make a big difference when proving what happened.
Be cautious when speaking with insurance adjusters. They may seem friendly, but their job is to minimize payouts. Avoid giving recorded statements or discussing fault until you’ve spoken with your attorney.
Also, don’t rush to accept a settlement. Some injuries take time to fully heal. If you take an early offer, it might not cover future medical expenses or lost income. You may want to wait until you understand the full impact of your injuries.
If you don’t want to make these mistakes, it is time to reach out to an experienced Louisville personal injury lawyer.
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.
Access to 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.
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