Accidents can happen with a snap of a finger. These are unforeseen events that happen unintentionally resulting in an injury or damage. These unfortunate incidents often lead to serious injuries such as spinal cord or brain injuries, neck injuries, whiplash, fracture, or even wrongful death. Injuries sustained in accidents are called personal injuries, commonly caused by slip and fall accidents, car accidents, or defective products. Even injuries that seem minor may have major and long-term effects on a person’s life.
Being injured in an accident can be very traumatic for the victim. Accident victims may suffer from emotional distress and catastrophic injuries can change their life forever. An injured person who is unable to work will worry about the medical expenses and the recovery period for him or her to be back on track.
Personal injury laws may vary depending on the state. In Louisville, there are state laws that you need to follow when you deal with a personal injury case. When you opt to file a personal injury lawsuit, you need to be knowledgeable about the “statute of limitations”. This is the time limit given to you to file a lawsuit. In Louisville, you need to file your injury lawsuit within one year starting from the date you have suffered the injury. If you missed this deadline, your right to lawsuit filing will be forfeited no matter how strong your case is. A knowledgeable Louisville personal injury attorney will help you file a personal injury lawsuit within this required period.
The victim of a personal injury accident may seek recovery assistance by filing a negligence or personal injury claim. You need to prove negligent acts done by the defendant that caused the accident injuries and damages.
If the accident had caused death to the victim, the surviving members of the family may recover the damages by filing a wrongful death lawsuit. This will help the bereaved family to compensate for the lost monthly income from the victim and the expenses for the funeral.
Personal injury cases also include medical malpractice. This involves the failure of a medical professional to provide proper medical care to the patient. It could happen through misdiagnosis of an injury or unreasonable delay of treatment. In such cases, you may file a medical malpractice lawsuit to recover from the damages.
If the cause of the personal injury is a defective product, the victim can sue the company or the manufacturer by filing a product liability lawsuit. You need to prove the manufacturing defect of the product that caused the malfunction and injury.
There are two classifications of damages, economic and non-economic damages. Economic damages cover direct financial losses such as medical bills, loss of employment opportunities, loss of wages, lost use of property, and costs of property repair or replacement. On the other hand, non-economic damages are subjective since they cover the “pain and suffering” experienced by the victim. It includes scarring, disfigurement, mental anxiety, and loss of enjoyment.
Kentucky is one of the states that has no upper limit on non-economic damages, particularly in medical malpractice cases. The Kentucky State Constitution forbids damage limits or caps.
In the past, a victim who acted even slightly careless or negligent was banned from receiving any form of compensation. This principle was amended when Kentucky implemented the comparative negligence law. Kentucky is one of the 13 states with a “pure” comparative negligence standard. In this rule, the fault is carefully divided between the two parties involved, and the damages are calculated relative to your fault. For instance, if you reached $100,000 worth of medical bills while recovering from the injury, and if you were found to have a 10% fault in the case, you can receive $90,000 or 90% compensation from the other party.
To begin the filing of a lawsuit, the plaintiff must write a brief and straightforward description of the complaint. It needs to be convincing that the case is strong enough to win. The name of the defendant, complete details of the accident that caused the injury, and the monetary compensation request must be written on the complaint. A Louisville attorney competent in personal injury law will provide legal representation in such filing.
If the value of your case is less than $5,000, you need to file your case at the District Court at the Louis D. Brandeis Hall of Justice situated at 600 W. Jefferson Street. On the other hand, if your case is worth $5,000 and above, the best place to file your lawsuit is at the Circuit Court at Jefferson County Judicial Center located at 700 W. Jefferson Street. For cases worth $2,500, you may file your lawsuit at the District Court small claims division for less evidentiary rules and formal procedure. An experienced Louisville personal injury lawyer can guide you on where to file your lawsuit.
Worker’s compensation shall be considered as insurance instead of a lawsuit. For you to receive benefits, you may opt to file a claim rather than sue the party at fault. Most of the employees are generally covered by compulsory worker’s compensation, except for agricultural and part-time domestic workers.
If you suffer from a workplace injury, the first thing that you need to do is to inform your employer and receive medical care and treatment as soon as possible. Your employer is responsible for reporting the injury to your insurance provider, then they will notify the Department of Workers Claims.
Recovering from serious injuries after a personal injury accident takes time and effort. The individual responsible for the accident shall be held liable for the damages caused by his or her negligent and careless acts. Talk to our experienced Louisville personal injury attorneys from Farmer & Wright, PLLC who will help you win the personal injury lawsuit. We have reliable lawyers who will guide you in initiating the lawsuit, gathering sufficient evidence, and negotiating the settlements. We will be with you every step of your way as you recover from your injuries and losses. Contact our injury law firm now for a free consultation.