Filing a complaint, going through the discovery process, and ending the case in a settlement or trial before a judge or jury are vital parts of what happens in a personal injury lawsuit in Kentucky. Most personal injury cases are resolved outside the courtroom through settlements. However, you may have to file a lawsuit to give yourself the best chance of receiving maximum compensation through a settlement or court verdict.
Contact the Kentucky personal injury attorneys at Young, Reverman & Bolotin with your questions and concerns. Call 513-400-0000.
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Personal Injury Laws in Kentucky
Kentucky laws affect what happens in a personal injury lawsuit. These include:
Statute of Limitations
The statute of limitations puts a deadline on the time you have to file a lawsuit in court. Kentucky has one of the shortest statutes of limitations for personal injury claims. For most personal injury cases, the statute of limitations is one year from the date of the injury. There’s an exception for some lawsuits. If you’ve suffered severe car accident injuries that meet the state’s no-fault tort threshold, or you or the other driver has opted out of the state’s no-fault insurance system, you must file a lawsuit within two years of the date of your injury or when you received your last personal injury protection (PIP) benefits, whichever’s later.
Pure Comparative Fault
Kentucky follows a pure comparative fault system. Under this system, you’re allowed to collect damages even if you’re partially at fault for your injuries. Your compensation will be reduced by your percentage of fault. You can’t recover any damages if you’re found to be 100% to blame for your injuries. Suppose you sustained injuries after a slip and fall in a grocery store. You’re found to be 25% at fault for the resulting injuries, since you were engrossed in your phone and weren’t paying attention while walking. You’ll only receive 75% of the awarded compensation.
Damage Caps
Kentucky caps personal injury damages in claims against the Commonwealth or its employees at $250,000 for a single claim and $400,000 for multiple claims arising from a single incident.
Animal Attacks
Kentucky follows strict liability laws in cases involving animal attacks. Under strict liability, an animal owner is responsible for any injury caused by his or her pet, even if the owner was not negligent or the animal had no prior history of aggressive behavior.
What Are the Steps in a Personal Injury Lawsuit?
Personal injury lawsuits in Kentucky involve key steps:
Consulting a Lawyer
If you sustain injuries due to another party’s negligence, start with a free consultation with a personal injury lawyer. The free consultation allows you to discuss the details of your case with a legal professional. The lawyer will review your case and determine whether you have a viable personal injury case.
If you agree to work with the lawyer, he or she will investigate the available insurance policy that may provide coverage for your damages, gather evidence to strengthen your case, and calculate your damages to determine the value of your personal injury claim. A lawyer will then send a demand letter to the at-fault party’s insurance provider. The insurance company will likely respond by offering a lower settlement. Back-and-forth negotiations will continue until a settlement that’s acceptable to both parties is reached.
If the insurer denies the claim or fails to present a fair settlement offer in a timely manner, filing a lawsuit may be your best option to protect your rights to receive compensation after a personal injury accident.
Filing a Complaint
Your lawyer will help you select the right court with which to file your personal injury lawsuit. If your damages are $5,000 or less, you’ll file your personal injury lawsuit in the District Court. If your damages are more than $5,000, you’ll file in the Circuit Court. Kentucky has 59 Judicial Districts and 57 Judicial Circuits. Besides the amount of damages you’re seeking, other factors that determine where you should file your lawsuit include where your injury occurred and where the defendant lives.
Once you and your personal injury attorney establish the appropriate court, your attorney will prepare and file a complaint. Filing a complaint starts a personal injury lawsuit. The complaint outlines your legal claim and the compensation you’re seeking. Having an attorney prepare the complaint is crucial, since errors like failing to name the right parties as defendants could lead to the court dismissing your complaint.
Once the complaint has been filed with the appropriate court, it will have to be served on the defendants. The defendants will have to file an answer to the complaint within a specific timeframe, typically 30 days after receiving the papers requiring them to respond.
Discovery
During discovery, parties in the lawsuit gather and exchange information about the case. It can include interrogatories, requests for production of documents, and depositions. The defense may request you to have a medical examination by their own doctors. The facts gathered through discovery allow each party to see the information the other side has and asses the strengths of its case. Many cases settle after this phase.
Mediation
During mediation, a skilled, neutral third party reviews the case and helps both parties negotiate a settlement. If successful, the case settles before reaching the trial phase. Mediation happens after discovery in many personal injury cases.
Pre-Trial Motions
Before trial, either party can file legal motions requesting rulings on certain aspects of your case. Some motions can end the case if granted. For example, the defense can file a motion to dismiss the case if you didn’t properly serve the complaint or summons. You can file a motion for judgment by default if the defendant fails to file an answer with the court.
Trial
If a mutually agreeable settlement still hasn’t been reached after the discovery process and before the trial date, the personal injury lawsuit will move to trial.
When a Personal Injury Claim Goes to Court
The court trial is a small portion of the personal injury lawsuit process. Most personal injury claims end before reaching this stage. Therefore, your case will most likely settle without requiring a trial. Nevertheless, it’s important to understand all phases of a lawsuit, including the trial process, and prepare your case meticulously as though it were to reach trial. The more thorough your preparations, the better your chances of success.
So, what happens when a personal injury claim goes to court? A court trial has several stages, including:
Jury Selection
A jury will have to be examined and selected before your case is heard.
Opening Statements
After jury selection, your attorney and the defendant’s attorney will get to present opening statements to the jury. The statements will outline the evidence and witnesses to be presented during the trial.
Presentation of Evidence Through Witness Testimony and Cross-Examination
At this stage, lawyers of both sides will present their evidence. Your lawyer may include evidence like photos, videos, and your medical records. He or she may also use experts and witnesses to strengthen your case. Witnesses will be cross-examined by the opposing party.
Closing Arguments
All the parties involved will offer closing arguments that summarize the evidence presented and are intended to persuade the jury to decide the case in their favor.
Jury Instructions
The judge will instruct the jury on the issues to decide and the legal standards to apply. The jury will then deliberate over the case.
Presentation of Verdict
After the jury reaches a decision, they’ll hand the verdict to the judge, who will read it. If the jury rules in your favor, the verdict will include the appropriate amount of compensation you should receive from the defendant. If the individual or business that owes you is financially stable, you’ll likely collect the judgment without issues. If the defendant isn’t financially stable, you may have to utilize other legal avenues to collect the judgment, such as wage garnishment or seizure of income and assets. Any party can object to the verdict and appeal.
A personal injury trial can be a nerve-racking experience. An experienced personal injury attorney will guide you on how to testify before the court, settle your nerves, dress appropriately, and conduct yourself to make a good impression. The preparation can have an impact on your confidence and the case’s outcome.
The personal injury lawyers at Young, Reverman & Bolotin have over 200 years of combined experience helping clients in Indiana, Kentucky, and Ohio win their personal injury cases and get the compensation they need. We’re not afraid to go head-to-head with the largest companies and take your case to trial to ensure you receive fair compensation. Contact us today for a free consultation.
