What is personal injury law? Personal injury law in Kentucky allows you to pursue compensation through the insurance or lawsuit process if you suffered harm due to another person’s negligence or wrongful action. Some personal injury cases covered by the law include car, truck, and motorcycle accidents, medical malpractice, slip and falls, product liability, wrongful death, and dog bites. Several laws and regulations have been put in place to govern these cases.
Do you need to file a personal injury claim in Kentucky? Personal injury lawyers at Young, Reverman & Bolotin Law Firm can help you. Call 513-400-0000 for a free consultation.
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Types of Personal Injury Cases in Kentucky
The most common types of personal injury cases in Kentucky include:
Car, Truck, and Motorcycle Accidents
Car, truck, and motorcycle accidents are common in all states, including Kentucky. Most of these accidents are caused by speeding, driving under the influence, distracted driving, vehicle defects, reckless driving, and poor weather conditions. Some of these accidents end up causing serious injuries or even fatalities. In fact, at least 744 people lost their lives in fatal traffic crashed in Kentucky in 2022.
Kentucky uses a no-fault insurance system that requires all drivers to own personal injury protection insurance that covers medical bills and lost wages regardless of who caused the accident. The insurance should be able to cover medical bills of at least $10,000. You have one year from the accident date to pursue compensation if you were injured in a traffic accident.
You can pursue compensation even if you partially contributed to the accident. The reason is that Kentucky follows a pure comparative negligence rule. So, if you and the other driver are partly to blame for the accident, the liability will be shared between both of you in percentages. The driver with the higher liability percentage will receive the least compensation.
Medical Malpractice
You can file a personal injury claim if you suffer harm due to medical negligence. Medical malpractice can happen if a medical practitioner fails to provide you with a treatment or care that meets the accepted standard of care. You must prove that there was a breach of duty and also show damages caused by the negligence for your medical malpractice claim to be successful.
Some of the most common medical malpractices include delayed diagnosis or misdiagnosis, medication and surgery errors, birth injuries, anesthesia errors, and failure to provide the appropriate treatment. You can also sue the hospital for negligence if it fails to provide adequate medical personnel or supervision.
You must produce a certificate of merit signed by a qualified medical expert when filing a medical malpractice claim. This certificate verifies that the accident occurred because of medical malpractice. You must also prove that your healthcare provider breached his or her duty of care. In other words, you must demonstrate that your provider didn’t do what a reasonably competent healthcare provider would have done in similar circumstances.
Be sure to hire an experienced personal injury lawyer who has handled cases similar to yours before starting the claim or lawsuit process. The lawyer will help you gather sufficient medical malpractice evidence, prepare convincing arguments, and skillfully represent you during the insurance settlement or trial process.
Slip and Fall Accidents
Kentucky property owners are legally responsible for ensuring their premises meet the right construction standards and are safe for users. The property owner’s negligence can cause users to get injured from trips, slips, and falls. The accident could stem from uneven surfaces, wet and slippery floors, loose carpeting and flooring, and poor lighting. Slips and falls can also arise from obstructions, such as items left in the walkway.
These accidents can cause severe injuries, such as broken bones, head injuries, sprain and strains, and back and spinal cord injuries. These injuries can take a toll on you physically, mentally, and financially.
You may have a legal right to file a claim after a slip and fall in a restaurant, workplace, mall, or any other property. You must, however, prove that the property owner was negligent to increase the odds of winning the claim. You must also prove that you were not trespassing, and you were there legally.
Wrongful Death
You can file a wrongful death claim if another person’s negligence caused your loved one’s death. Wrongful death claims often stem from car accidents, medical malpractice, criminal acts, defective products, and workplace accidents. Remember, only close family members, such as spouses, parents, or children, are entitled to compensation after a successful wrongful death claim or lawsuit.
Dog Bites
Kentucky law requires dog owners to take responsibility for their dogs and are held liable if their dogs cause injuries. You can file a dog bite claim after getting bitten by a dog, as long as you can prove that you were lawfully on the property.
Unlike other states that observe the one-bite rule, Kentucky follows a strict liability rule that makes dog owners liable even if their dog has never bitten anyone. Your claim must prove that the dog that bit you belongs to the defendant. You can prove ownership by providing the dog’s microchip information, registration number, and eyewitness testimony.
Key Laws and Regulations in Kentucky
Kentucky laws and regulations are instrumental in determining liability, deadlines for filing claims, and the type of compensation the victims receive. These laws include.
Comparative Fault Rule
This rule allows the victims to recover damages even if they partially contributed to the accident or injury. However, this rule requires the compensation to be reduced by the percentage of fault.
Statute of Limitations
This law sets the time limit within which an injured party can file a personal injury claim. For example, victims with general personal injury cases, such as dog bites, injuries from car accidents, slips and falls, and medical malpractice, must file a claim within one year from the date of the accident. You will lose your right to seek compensation if you fail to file a claim within the stipulated timeline.
No-Fault Insurance Cover Rule
The law requires all car owners to have a personal injury protection policy covering medical expenses and loss of wages. This cover allows drivers to seek compensation from their insurance providers, regardless of who caused the accident.
Dog Bite Liability Law
The law adopts a strict liability rule for all dog bites, including when the dog bites during delivery. Dog owners are held responsible for injuries caused by their dogs. They are liable even if they have no prior information about the dog’s aggressive nature. When filing a dog bite claim, you must prove that you were not trespassing and the dog was not provoked.
Workers’ Compensation Law
This law requires the employer to compensate the injured employee regardless of who was at fault. The employer must cover all medical bills and cover a specific percentage of the lost wages if the employee fails to work because of the injuries sustained at the workplace. If an employee dies because of the accident, their close relatives can claim death benefits, including funeral expenses and getting a portion of the deceased salary.
Property Liability Law
Property liability law governs premise injury claims. Some premise injury cases covered include negligent security claims, slip and fall accidents, and injuries from hazardous property conditions.
How a Personal Injury Attorney Can Help You After Your Accident
A personal injury attorney can help you navigate the legal process after suffering an injury in an accident caused by another party’s or entity’s negligence. Personal injury lawyers help their clients in the following ways:
Legal Advice and Case Evaluation
Your lawyer will help you review the incident to understand more about how the accident occurred. This includes reviewing documents, such as medical records, police reports, and witness accounts. After determining whether you have a valid reason to file a claim, the lawyer will explain your legal rights and what to expect from the case.
The lawyer provides you with this information so that you can decide if it’s worth pursuing the personal injury case or not. If you decide to seek compensation, your personal injury lawyer will ensure you have complied with the relevant legal requirements. These requirements include completing all the legal documents, filing them with the appropriate court, and serving the defendant on time.
Investigating the Case
Your lawyer will gather important information needed to file a compensation claim. The lawyer will take photographs of your injuries and the scene where the accident occurred. He or she will obtain witness statements and surveillance footage from the cameras near or at the accident scene. The lawyer will also check medical reports and consult with medical experts to determine the extent of the injuries and the expected future medical expenses.
Proving Liability
Most personal injury cases require experienced lawyers to determine the at-fault party. Your lawyer will work closely with the police and insurance company to determine whose fault caused the accident. If you contributed to the accident, your lawyer will develop a strategy to minimize your liability percentage.
Calculating the Value of the Claim
Determining the value of your claim can be pretty challenging, especially if you are not used to handling such cases. A lawyer will calculate and account for all monetary and non-monetary damages from the accident. This can be done by adding up medical expenses, the value of damaged property, lost income, and pain and suffering caused. Your lawyer will ensure your claim accounts for future lost wages and medical bills if the accident caused permanent injuries.
Your lawyer can also evaluate the facts of your case to determine if you are likely to receive punitive damages. You may be awarded punitive damages if the conduct of the other party or entity was egregiously negligent. Note, however, that the jury or judge is in charge of determining whether your case qualifies for punitive damages and, if so, how much. Punitive damages are awarded to punish the defendant and discourage others from similar conduct.
Proving the Full Extent of Harm
Besides submitting medical bills and wage/income statements, your lawyer will also demonstrate the full extent of your injury. This demonstration may include using medical expert testimony to paint a picture of how the injury has contributed to a decline in quality of life, emotional turmoil, and loss of companionship.
Handling the Insurance Company
Insurance companies are notorious for offering lowball settlements. You need a skilled lawyer to negotiate with the insurer and get decent compensation. Your lawyer will provide proof of the damages incurred and explain why you should get fair compensation. If the insurance adjusters insist on lowballing your claim, your lawyer can prepare the necessary paperwork and file a lawsuit.
Representing You in Court
Lawyers are trained to handle complex litigations and will represent you in court and ensure you get the most favorable outcome. Your lawyer will file a lawsuit if you fail to secure a fair settlement with the defendant or the insurance company.
The lawyer will prepare the required paperwork, present all the evidence, make legal arguments, and examine and cross-examine witnesses. If you win the case, your lawyer will follow up with the insurance company to ensure you receive all the settlement or compensation. The lawyer can also handle the appeal process if you feel that the judgment was unfair.
Peace of Mind and Emotional Support
Hiring a lawyer will give you peace of mind during a stressful time. Knowing that a knowledgeable and experienced person is handling your claim can reduce the stress and anxiety associated with personal injury cases. Your lawyer will also offer encouragement and guidance throughout the legal process.
Personal injury lawyers at Young, Reverman & Bolotin have helped clients recover millions of dollars in compensation. Contact us today to find out how our dedicated lawyers can help you receive compensation to cover the full impact of your harm.
