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 starts when a complaint is filed with the court and served on the defendant. As the plaintiff, the complaint outlines your claim that the defendant’s negligence caused harm to your physical or mental well-being. As the case progresses, you may be required to participate in depositions, undergo independent medical evaluations, and provide relevant documents. This discovery phase can be time-consuming and typically concludes with either a settlement or a court trial. 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 defendants, 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. 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 the 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. 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 to 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. The injured party typically has a set amount of time to file a lawsuit for a personal injury claim, as determined by state law through statutes of limitation. The clock usually starts ticking from the date of the injury or when the injury is discovered. However, proving when the injury was first realized can be more complicated. In Kentucky, the statute of limitations for personal injury claims is one year. In Lexington, this means you have one year from the date of the accident to file your claim. It’s important to consult with a personal injury lawyer as soon as possible. Delaying your claim could result in losing the opportunity to secure the compensation you deserve for your injuries. 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! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.Kentucky Personal Injury Settlement
Damage Awards in Kentucky
Statute of Limitations in Lexington, KY Personal Injury Law?
Work With an Experienced Lexington, KY Lawyer
About the Author
Auto Accident
Bankruptcy
Business Law
Child Birth Injury
Child Custody
Child Support
Consumer Law
Copyright Law
Criminal Defense
Debt Collector Harassment
Divorce Law
DUI Law
Employment Law
Eviction Law
Foreclosure Defense
Identity Theft
Immigration Law
Insurance Claims
Lemon Law
Medical Malpractice
Nursing Home Abuse
Patent Law
Power of Attorney
Probate Law
Property Disputes
Real Estate Law
Social Security Disability
Tax Law
Traffic Law
Vaccination Injury
Workers Compensation
Workplace Discrimination
Wrongful Termination
Wills and Trusts
