If you have been injured in Kentucky, you need to know what laws apply to your claim or lawsuit, and what actions constitute a personal injury. Some of the potential scenarios are medical malpractice, dog bite, slip and fall, auto accidents, wrongful death, product liability and premises liability. The action has to be the result of negligence, breach of warranty, or reckless and intentional misconduct by another person or entity. It is a breach of duty to exercise reasonable care and results in injury and damages. If your claim falls under this criteria, you have a case for a personal injury claim and need to consult a reputable attorney who is familiar to cases of this nature and has dealt with your particular injury successfully in the State of Kentucky.
Has the Proprietor Taken Reasonable Steps to Ensure Safety?
In the event of a slip and fall, referred to as "premises liability," the accident usually occurs on a property that is owned or maintained by someone else. It can be a rental property, personal property or a place of business that invites the consumer to come in, such as a grocery store. The proprietor or owner of the property must have taken reasonable steps to insure the safety of the premises. Is there torn carpets, poor lighting, uneven flooring, or a wet floor? When the injury pertains to the outside; are their potholes, ice, snow or hidden hazard that the proprietor neglected to take care of? If any of these issues are a factor in your injury, no matter how minor, then you have the premise for a slip and fall claim.
Have You Collected Evidence?
As in most personal injury cases, the burden of proof falls on the plaintiff in a slip and fall. The person owning or maintaining the property is going to try to prove that the accident was the cause of your own negligence or carelessness. If you are injured in a slip and fall, try and get pictures before the proprietor can clean up the accident scene. Get eye-witness testimony and contact information to give to your lawyer. Do not say too much to the property owner, their employee, an insurance adjuster or an attorney. A simple remark such as I'm okay, or I wasn't watching where I was going can be used to put fault on you for the accident. If you must talk to someone, such as a police officer or paramedic, be concise and stick to the facts. Consult a Kentucky attorney to find out your rights.
Have You Spoken with a Personal Injury Attorney in Kentucky?
The next step in your journey toward compensation is finding a Personal Injury attorney who practices in Kentucky and in your jurisdiction or the area in which the accident occurred. Look for one who is familiar with your type of case and has tried several with success. You need an attorney at this point to know filing deadlines, present depositions, knows how to present credible witness testimony on your behalf and pursues viable documentation to your case via police and medical reports. They have the means to procure any video surveillance that may influence your case and the over-all knowledge to win your case.