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, we strive to provide our clients with the best legal representation possible. We understand that you are going through trying times, and we want to help you in whatever way we can. Dealing with insurance companies and understanding applicable laws when you’re dealing with physical and emotional injuries and financial constraints can seem daunting, if not impossible. Fortunately, the attorneys at Thomas Law Offices have the legal experiences and resources available to build a strong claim no matter what area of litigation your personal injury claim falls under.
Personal Injury Cases We Handle
All personal injury claims, regardless of the accident type, focus on the concepts of liability and damages. If you were injured in an accident and suffered losses, whether they be economic or non-economic, you have grounds to file a claim if you believe someone else’s actions or inactions contributed to what you were put through. Some of the most common personal injury claims clients come to us while involve the following:
- Car Accidents. Drivers owe each other a duty of care when they are on the road. This means abiding by all traffic laws and operating vehicles safely. When a driver is distracted, breaks a law, or falls asleep behind the wheel, any injured parties can take legal action to seek compensation for their losses.
- Truck Accidents. Truck drivers are tasked with delivering goods and services across the country. When a tractor-trailer is in an accident with a passenger vehicle, those in the car are at severe risk of injuries—some of which could be fatal.
- Motorcycle Accidents. Other drivers aren’t always on the lookout for motorcyclists. When a motorcycle is hit by the car, the operator is likely to be thrown from the vehicle and seriously injured.
- Nursing Home Abuse. We expect nursing home staff to take care of our loved ones. When a long-term care facility abuses or neglects a resident, that facility can be held accountable for its actions.
- Medical Malpractice. Doctors are supposed to provide patients with a certain level of care. When they don’t, and a patient is harmed, it’s possible malpractice was at play. It can be challenged to prove medical malpractice, so it’s crucial to work with an experienced attorney.
- Birth Injury. The laboring and birthing process is taxing. The last thing a mother needs to worry about is her child being injured while delivering her child. When a birth injury occurs, the doctor or hospital can be held accountable.
- Brain Injury. Brain injury severity varies greatly, but the worse a brain injury, the more intensely a person’s day-to-day life will be affected. Head trauma can occur in just about every type of accident.
- Spinal Cord Injury. Spinal cord injuries often require months or even years of therapy to recover as fully as possible. If a person is paralyzed to any degree, they may be unable to return to their previous way of life.
- Product Liability. Manufacturers, distributors, and sellers are responsible for ensuring the products they release to market are safe for consumers. If a product has injured you, you can take legal action.
- Premises Liability. If a property owner fails to monitor and maintain their home or business and you’re injured, you may be able to hold them accountable for your losses.
- Slip and Fall. As a type of premises liability claims, slip and fall accidents can happen just about anywhere, but they are more common in the winter months and in locations like grocery stores where liquids and foods are more likely to spill.
- Construction Accident. While all jobs present their own challenges, construction is one of the most dangerous fields to work in. Workers are at risk of falls, crush injuries, and accidents involving heavy machinery.
- Social Security Disability. If you’ve been injured and are looking to collect compensation from the government, you have to apply for Social Security disability. The process is complex, which is why it’s important to have an attorney by your side.
- Sexual Assault. If you’ve been sexually assaulted, you have the right to hold your attacker accountable. Thomas Law Offices can help.
- Wrongful Death. If you’ve lost a loved one as a result of one of the accidents or situations described above, you have the right to pursue a claim on their behalf to hold the negligent party responsible for their actions, as well as seek compensation for your family.
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 your situation warrants filing for compensation, a Louisville personal injury attorney can evaluate your situation and explain the best options for your recovery.
Personal Injury Laws in Kentucky
Every personal injury claim comes with its own unique challenges when it comes to proving fault and obtaining compensation. Because of that, you’ll want a lawyer by your side who understands how to build a strong case based on the circumstances surrounding your accident.
Your claim will be subjected to state and federal laws, so your attorney will need to know which laws apply to your case, which could complicate your case, and how to file your claim correctly. In Kentucky, you’ll mostly need to worry about the comparative fault rule and the statute of limitations that apply to your claim.
Part of building a strong claim revolves around understanding the laws that can help you prove fault. Personal injury laws are established at the state level. One of the most common laws that impact personal injury claims is Kentucky’s comparative fault rule. Under this rule, multiple parties can be at fault for the accident. If the victim filing the claim is found partially responsible for what happened, their compensation can be reduced by their percentage of fault.
Statutes of Limitations
In addition to the laws we just discussed, it’s important to understand that your claim has to be filed within a specific time limit—referred to as a statute of limitations. Statutes of limitations exist to maintain the integrity of evidence and protect potential defendants from having claims filed against them years or decades after the accident or incident. 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, there are cases where the date starts 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. In the event you fail to meet the deadline and still attempt to file your claim, the court will likely dismiss it, and you’ll have rendered yourself ineligible for compensation.
With a comprehensive understanding of the laws that impact your claim, you’ll be on the path to receiving the compensation you need to restore order in your everyday life. Now, let’s take a look at what you can expect from the claims process.
Understanding How the Claims Process Works
While there is a standard order of affairs when filing a personal injury claim, the process doesn’t always go the way accident victims expect. Because of that, it’s important to understand the basic process and what all is involved, so you’re prepared no matter what happens.
- Seek medical treatment. After an accident, it’s imperative to seek medical attention as soon as possible. Even if you don’t feel hurt, you could have internal injuries. It’s also important to see a doctor so your injuries can be documents and eventually totaled.
- Get in touch with an attorney. 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 recovery full and fair compensation.
- Investigate your claim. Once you have an injury attorney by your side, they can investigate your accident and start building a claim on your behalf.
- Make a demand. Once you know what you’ve lost, why your accident happened, and what your claim should be valued at, your lawyer can begin negotiations with the opposing party. While more personal injury claims resolve through negotiations, there is a chance you could need to file a lawsuit in court.
Through those steps outlined above, the goal is to establish and prove negligence. Let’s take a look at what the legal concept of negligence is.
The concept of negligence involves four elements: duty of care, breach, causation, and damages. Through the presentation of evidence, your personal injury attorney will need to show how the opposing party was negligent in relation to those elements.
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. In the event a driver breaks the law while behind the wheel and causes an accident, they would be breaching their duty.
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. When you seek medical attention for your injuries, you’ll have an official record of what you were treated for. Your lawyer will be able to use those records, in correlation with their investigation, to prove your injuries were a direct result of someone else’s negligence.
Damages refer to the losses you incurred because of the accident. What you’re entitled to will be based on financial losses, additional suffering, and whether or not you’re deemed at fault for a portion of what happened.
As mentioned, the compensation available to you after an accident is based on the suffering you wrongfully endured. The easiest losses to calculate are those that are based on real numbers. This includes medical bills, lost wages, and property damage. Your attorney will also take potential future medical expenses or lost wages into consideration.
The non-economic losses are harder to calculate, as they’re based on more subjective losses like pain and suffering and loss of enjoyment of life. In the event you were seriously or permanently injured in your accident, it’s likely your non-economic losses will be valued higher.
No matter what you’ve lost as a result of your personal injury, we’ll be sure to calculate the full amount of your damages and fight for your right to that compensation amount. While most claims settle through negotiations, it’s possible you could need to file a lawsuit to receive the money you’re owed. If it comes to taking your case to court, a Thomas Law Offices lawyer will be by your side the entire time.
Tips to Maximize Your Personal Injury Compensation
When you decide to file a personal injury claim, you’re going to want to do whatever necessary to maximize your potential monetary award. This is the only way to ensure you recover as fully as possible.
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.
If possible, preserve evidence from your accident. You may be able to do this by taking photographs or videos—especially in the event of an auto accident and falls. Write down what you remember happened and record anything else you think is important. Your lawyer will be able to use your information to cross-check their investigation.
Also, remember to stay off social media. While we understand you want to let everyone you care about know you are okay, posting anything online could jeopardize your chances of a successful claim if insurance companies think your injuries aren’t as severe as you reported.
Louisville: Welcome to Bourbon City
If you live in or around Louisville, you know that our city is one of the most unique destinations in the world. Established in 1778, Louisville is the largest metropolitan area in Kentucky. The city combines heritage, innovation, authenticity, friendliness, and originality in a way that stands out from the rest of our state and the South.
Whether you’re looking to try new Southern cuisine, an award-winning distillery, or one-of-a-kind attractions like the Louisville Slugger Museum & Factory, there’s always something to do in the area—no matter the time of year.
As with anywhere, however, accidents do happen in Louisville. If you find yourself dealing with the aftermath of a car accident, slip and fall, etc., the Louisville attorneys from Thomas Law Offices are prepared to help you seek the compensation you deserve.
The Benefits of Working with an Attorney
Depending on the circumstances of your accident, you may think about handling your legal matters on your own. It’s important to understand why working with an attorney is so important—especially when you need the compensation to recover as fully as possible from your physical injuries and financial losses.
When you first contact a personal injury lawyer, they will thoroughly investigate your claim and collect the evidence needed to prove negligence. Depending on the situation, your case may 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.
If you’re dealing with an insurance company, 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 the full award you deserve. Fortunately, when you work with a legal representative, they’ll be able to handle the conversations and paperwork for you so that nothing will jeopardize your right to fair monetary recovery.
No matter the type of accident or incident you were involved in, remember that hiring a legal representative improves your chances of a successful outcome and holding the negligent party accountable for their action.
Contact Thomas Law Offices in Louisville
It only takes mere seconds for a person’s life to be completely upended because of someone else’s negligent decision. If you find yourself dealing with the consequences of an accident that wasn’t your fault, it’s important to understand your legal rights and options.
When you seek guidance and representation from a Louisville personal injury lawyer, you can rest assured that you have the best chances of receiving full and fair compensation for the situation you were wrongly put through.
Every personal injury claim is different. Oftentimes, there’s no way to tell just how complex a claim will be to prove until we start collecting evidence and reconstructing your accident. Because of that, the sooner you get in touch with an attorney, the better your chances are receiving the compensation you need.
To get started, schedule a case evaluation with our Louisville attorneys today. We’ll review your case, determine if there are grounds for a personal injury claim, and provide you with honest legal advice on how best to proceed to protect your future. Contact us today for more information.
Thomas Law Offices – Louisville Office Address
9418 Norton Commons Blvd
Louisville, KY, 40059
Local: (877) 256-4296