A personal injury is an injury caused by negligence, or failure to use reasonable care. This could result from an action or a failure to act by a person or entity that has a duty to prevent harm to another. For example, you could be injured in a car accident caused by a drunk driver; you could slip and fall at a hotel swimming pool; or you could be burned by a defective kitchen appliance. There are a myriad of ways that you can suffer a personal injury caused by someone else’s recklessness or negligence.
The courts recognize your right to file a lawsuit to recover financial damages from defendants who caused your injury. Defendants can include vehicle drivers, insurance companies, employers, manufacturers, property owners, medical personnel, animal owners, and a whole host of others.
To show negligence on the part of the defendant, your attorney will have to prove:
In a nutshell, this means that your Ashland personal injury lawyer will have to prove that the defendant (1) had a duty to ensure your safety; (2) breached this duty through their actions or failure to act; (3) caused you actual harm; and (4) caused you to suffer damages and financial setbacks as a result.
Causes of Personal Injuries in Ashland
An Ashland personal injury attorney explains different ways you can be harmed.
Slip & Fall
Shoppers, tourists, and pedestrians can slip, trip and fall in stores, hotels, concert venues, and elsewhere, sustaining serious injuries. Slip and fall accidents are also common at swimming pools, in parking garages, and on sidewalks.
Car, Truck & Motorcycle Accidents
Kentucky roadways are the site of thousands of car crashes and motor vehicle accidents each year, often resulting in injuries and even death. Vehicle crashes can be caused by distracted or impaired drivers, inclement weather, or roadway debris.
Laborers can get injured at the worksite due to broken machinery, defective equipment, poor safety precautions, wobbly scaffolding, or other unsafe practices.
Premises liability comes into play when a visitor to another person’s home, business or property is injured due to an obvious hazard or dangerous condition. A property owner and/or operator has a duty of care to ensure that visitors are safe.
Product manufacturers can be held liable if a toy, appliance, or other product has a design or manufacturing defect that inflicts harm on unsuspecting consumers.
If a loved one dies in a car accident, as a result of abuse at a nursing home, or due to a severe fall or other accident, surviving family members can file a wrongful death claim to recover damages.
Other Types of Personal Injury Claims
There are many other types of personal injury claims, including dog bites and animal attacks, abuse and neglect cases, boating and watercraft accidents, burn injuries, asbestos exposure, poisoning and other catastrophic injuries.
Common Accident Injuries
Many severe personal injuries can result from slips and falls, work injuries, and vehicle crashes in Ashland. Some common injuries include:
- TBI and brain injury
- Broken bones
- Neck and spinal cord injuries
- Internal bleeding
- Cuts, abrasions, and puncture wounds
- Organ damage
- Wrongful death.
Choosing the Best Personal Injury Lawyers in Ashland, KY
Billy Johnson Law Firm is a compassionate and caring group of attorneys.
The skilled attorneys at our law firm fight hard to get the justice our clients deserve. We are aggressive with opponents and compassionate toward our clients. We understand that you’ve been through a traumatic experience and your family may be scared and suffering. We’ve helped countless clients walk through the frightening experience of being severely injured due to another party’s negligence. We’ll stand beside you every step of the way. To learn more about our legal team, you can see our attorney bios here. You can read testimonials from our happy and satisfied clients. You can also review our successful verdicts and settlements.
Damages You May Be Entitled To
A skilled personal injury attorney in Ashland will fight aggressively for you.
No amount of money could possibly fill the void that a serious personal injury creates. That’s especially true in wrongful death claims. That being said, facts are facts. Accident victims need money to put their lives back together. They must pay accident-related costs, like medical bills and car repair or replacement expenses. Furthermore, money helps victims move on with their lives.
Two basic kinds of compensation are usually available in an Ashland personal injury claim, as follows:
- Economic Losses: Medical bills are usually the largest component of economic losses in a personal injury claim. The average injury-related hospital bill is over $50,000. Other items in this category include property damage and lost wages.
- Noneconomic Losses: Victims also deserve compensation for noneconomic losses, such as pain and suffering, loss of enjoyment in life, emotional distress, and loss of consortium (companionship).
In some extreme cases, an Ashland personal injury lawyer can also obtain additional punitive damages. These damages are available if the negligent actor intentionally disregarded a known risk. Punitive damages are especially common in medical malpractice claims, like birth injury and misdiagnosis claims.
Evidence is usually the key to obtaining maximum compensation in these matters. Usually, there’s a direct connection between the amount of evidence a victim/plaintiff presents and the amount of compensation a jury awards. Evidence in a personal injury claim usually includes witness statements, medical bills, and the police accident report. Electronic evidence, like surveillance camera forage, is often critical as well.
Statute of Limitations on Personal Injury Claims in Ashland
Because all personal injury cases are different, it’s best to talk to a knowledgeable injury lawyer in Ashland as soon as possible in order to protect your rights. Every case has a statute of limitations, which is the legal term for how long a victim has to file a lawsuit after the accident or injury has occurred. Once the time period ends, you can no longer file a claim. In most personal injury cases, the deadline is one year from the time of your injury. The Kentucky civil statutes of limitation are detailed in KRS Chapter 413: Limitation of Actions.
These statutes tend to be strictly applied by the courts, and a few days can make all the difference in whether a claim is heard or dismissed. There are many factors that may affect which statute of limitations is applicable, and there are numerous exceptions. If you are uncertain whether you still have time to file a claim, talk to an Ashland personal injury lawyer for more information.
How Much Does It Cost to Hire an Ashland Personal Injury Lawyer?
In the wake of a serious personal injury, the last thing victims need are more bills to pay. At the same time, an effective legal partner greatly improves the chances of obtaining maximum compensation.
So, our Ashland personal injury lawyers work on a contingent fee basis. Our clients pay nothing upfront for our professional services.
These services include more than legal advocacy in court. Attorneys also evaluate your claim and collect evidence which supports your positions. Furthermore, attorneys are excellent negotiators. That’s an important skill, since most personal injury claims settle out of court.
There’s more. Attorneys connect victims with doctors, mechanics, and other service providers who also charge nothing upfront. Negotiation skills come into play here as well. Because of Kentucky’s complex collateral source rule, if a lawyer negotiates with a provider and reduces the provider’s fee, the victim may get to keep more settlement money.
Contact Billy Johnson Law Firm Today
If you’ve been hurt in a personal injury accident, you don’t have to go it alone. Let a skilled and experienced Ashland personal injury lawyer fight for the compensation you deserve. Eastern Kentucky Personal Injury Lawyer Billy Johnson Law Firm is committed to getting you justice! To find out about how we can help, call us at 606-437-4488.
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Table of Contents
May 29, 2019
A driver is texting, blows through a red light, and T-bones your car. You slip on a slick spot in a store, which management failed to clean up or draw attention to with a warning sign. Every person has a right to not ...
January 18, 2019
When injured in a car accident, it’s easy to feel overwhelmed by uncontrollable events after the wreck: dealing with medical bills, getting your car fixed (or replaced), all those calls (and letters) from insurance com...