In Kentucky, a personal injury case concerns an injured person who alleges another person or entity did not exercise reasonable care and it resulted in injury or damages. Under the law of principles and damages, a claim could be filed for negligence, breach of warranty or intentionally reckless conduct. All types of injuries are covered under Kentucky Personal Injury Law, such as those suffered by medical malpractice, product liability, automobile accidents and premise liability.
After an accident causing injury or death, the injured party is left with many questions regarding legal rights and options. They may be left with medical bills, loss of wages, permanent damage to themselves or loss of personal property. There is a statute of limitations on how long before a claim is filed, witnesses to interview and depositions to be filed. The average person does not have the expertise and knowledge to follow through with the myriad details that your case may entail. You need to know your options in regard to future litigation in the case of future complications or as yet unforeseen difficulties. The sooner you make the decision to put your claim in the hands of a competent attorney, the better your chance for success and peace of mind.
Types of Personal Injury Cases
Personal Injury Law is designed to allow an injured person to try and get compensation for their injuries due to the negligent or intentional act by another. There are many types of personal injury cases, one such is medical malpractice. You can reasonably expect skilled, competent care by your medical professional and if you are injured as a result of such care, it is a personal injury. Slip and fall accidents are another example, but when can it become a claim? In a store, which welcomes customers, it must be an "unreasonable" condition that caused the accident. In the case of private or rental property, the owner has a duty to keep the property reasonably maintained and if it isn't and you slip and fall they could be held liable. Automobile accidents are a common cause for Personal Injury claims, however, Kentucky is a "no fault" state and in most cases require the person to seek compensation through their own insurance company. There is some flexibility to negotiate outside the "no fault" law, however you would need an attorney skilled in automobile accident cases to advise you on this.
Hiring a Qualified Kentucky Lawyer
It is advisable in a personal injury case to hire a lawyer for not only his expertise but also because, from a financial standpoint, you are probably in no position to afford all the costs that will be associated with the pursuit of your claim.
The vast majority of Kentucky lawyers take your case pursuant to a "contingency agreement," which means that they don't get paid until you do, and usually specifies one third of the recovered amount. The attorney advances the money covering the costs associated with the case. What they pay for, but not limited to, are: medical records, police reports, expert witnesses, subpoenas, depositions and court filing charges sometimes totaling thousands of dollars. Having your Kentucky lawyer handling all this for you lightens some of the strain you are under.