Personal Injury Law in Lexington, KY

Were you hurt due to another’s negligence in Lexington? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Lexington, KY can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Lexington relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Lexington, KY

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Lexington 

The Kentucky Safety and Prevention Alignment Network, found that motor vehicle accidents and falls are the leading causes of hospitalizations in Fayette county, where Lexington is located. Also notably, drug poisonings caused the third most hospitalizations.

Steps in a Personal Injury Lawsuit in Lexington, KY

Once you determine that you wish to proceed forward with a personal injury action in Kentucky

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with your Lexington attorney, you can draft a demand letter to send to the defendant, and the court. This includes the basis for your claim, the names of the defendant, and the damages you are seeking. If no settlement can be reached you then enter the discovery process, which will lead to another opportunity for settlement, or trial.

Kentucky Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In Fayette County, there was $119,078,250 in medical costs for hospitalizations related to falls alone. Safe Kentucky.org, has tabulated a variety of medical costs across Fayette County, and the rest of Kentucky. Falls were the most costly injury, but also notably motor vehicle accidents cost Lexington and Fayette residents $49,385,265 and those are only medical costs. After you factor in property damages, or pain and suffering damages, your personal injury claim could become significant.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in KY, that means you risk not receiving any compensation at all.

Damage Awards in Kentucky

If your Kentucky personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Kentucky is one of several states that has no caps on either economic or noneconomic damages.

Statute of Limitations in Lexington, KY Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

Kentucky abides by a one year statute of limitations. In Lexington, this means that you only have one year from the date of your accident to file any relevant claim.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Lexington, KY Lawyer

Pursue a personal injury claim in Lexington against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Kentucky state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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