Kentucky Personal Injury
If you have experienced personal injuries from an incident that occurred in Kentucky and resulted from the fault of another, then you may be entitled to injury compensation. The compensation is intended to reimburse you for past and future medical bills, past and future lost income, and pain and suffering damages.
Types of Personal Injury Cases in Kentucky
Personal injury as a legal practice area designates mental, emotional, and physical injuries or harm to a person's body and health that are caused by another party's negligent conduct. These types of personal injuries range in severity. At the minor end of the spectrum, there may be a sprain or contusion, and at the major end, there could be devastating injury, paralysis, disfigurement, or even death. It is important to note that personal injury does not encompass property damage or destruction to items of real or personal property, such as a home or car.
Personal injuries can happen in a myriad of manners. Causes can include any one of the following, among many others:
- auto accidents
- trucking accidents
- coal trucking accidents
- mining accidents
- railroad accidents
- wrongful death
- barge accidents and injuries
- defective or dangerous products
- asbestos-related injuries
- medical malpractice
How Is Fault Determined in Kentucky Personal Injury Cases?
To collect monetary recovery at the conclusion or resolution of a personal injury case (whether by litigation or settlement), Kentucky personal injury law mandates that a successful litigant must prove a few things. First and foremost, a prevailing plaintiff must establish negligent conduct on the part of the defendant. To make a compelling and persuasive case for negligence, a plaintiff must establish the following:
- Duty. The defendant or party who caused the harm or injuries to plaintiff had a legal duty or responsibility not to cause such harm or injuries.
- Breach. The defendant failed to meet the legal duty or responsibility not to cause harm or injury to the plaintiff.
- Causation. There is a causal connection between the defendant's failed duty or responsibility and harm or injury that was ultimately caused to plaintiff.
- Damages. Plaintiff suffered actual harm, damages, or injury, such as a personal injury or financial loss, as a result of underlying accident or injury.
Kentucky is a Pure Comparative Fault Negligence Jurisdiction
Kentucky personal injury law adopts the pure comparative fault rule in negligence, as do 12 other U.S. states. Pursuant to the pure comparative fault rule, a damaged claimant may recover in a personal injury suit even if he or she is 99 percent at fault for his or her injuries. However, the recovery will be lessened by the proportional degree of fault.
Find a local Kentucky personal injury attorney today
Whether you live in Louisville, Frankfort, Ashland, Lexington, Covington, Bowling Green, Paducah, or any other place in Kentucky, a personal injury attorney in the Bluegrass State can help you best comprehend your legal remedies, alternatives, and potential sources for recovery. If a Kentucky personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.