A personal injury is an injury caused by negligence. It could be an action, inaction, or the malicious intent of another person. 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 numerous 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 Paintsville personal injury lawyer will have to prove that the defendant 1) had a duty to ensure your safety, 2) breached this duty by acting recklessly or failing 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 Paintsville
A Paintsville 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. The most common accidents are due to wet or icy areas. Warning signs should be placed in those areas, and that is the first thing the personal injury lawyers in Paintsville, KY, will look for, to see if the client was warned or not. If there were no signs, then the client may have a case.
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. A personal injury attorney in Paintsville will examine the police report to find out who was at fault and build an investigation from there.
Laborers can get injured at the worksite due to broken machinery, defective equipment, poor safety precautions, wobbly scaffolding, or other unsafe practices. A Paintsville personal injury attorney will help determine whether you might get compensation through a personal injury lawsuit, as well as workers’ comp.
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. A Paintsville personal injury lawyer will examine the situation and go up against the homeowner’s insurance company if they object to paying the compensation you deserve.
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. There are situations where the parts may break off and a small child will swallow the pieces. Others may have sharp edges or something broken which can cause lacerations and infections. The most unfortunate defective product cases involve death by poisoning caused by traces of lead or some harmful chemical in the product that leads to death or severe illness.
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. These are among the saddest to deal with due to the loss of life. Substantial claims are made by the immediate family members only.
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. All of these cases will be dealt with, with the upmost compassion and understanding by our personal injury lawyers in Paintsville, KY. We offer free consultations where you can find out whether you have a possible claim for damages.
Damages You May be Entitled to
A Skilled Personal Injury Attorney in Paintsville Will Fight Aggressively for You.
There are a variety of damages you may be entitled to, depending on the nature of the accident, the severity of your injuries, and who was at fault.
- Medical expenses (current and future)
- Lost wages
- Diminished earning potential
- Property damages
- Funeral and burial expenses (wrongful death)
- Shock and mental anguish
- Pain and suffering
- Loss of consortium (loss of companionship for your spouse)
- Emotional distress
- Scarring and disfigurement
Punitive Damages (does not always apply)
Punitive damages are in addition to economic and non-economic damages, and they are sometimes imposed by a judge who wants to punish a defendant for negligence that is especially egregious or one who has a previous record of safety violations. In addition to punishing the defendants in the instant case, punitive damages are meant to warn other potential offenders who might be tempted to do the same thing.
Statute of Limitations on Personal Injury Claims in Paintsville
Because all personal injury cases are different, it’s best to talk to a knowledgeable injury lawyer in Paintsville 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.
This is why it is so important to file a claim with a Paintsville personal injury lawyer. Waiting can cause you to lose your compensation and have you forking out thousands of dollars of out-of-pocket medical expenses or funeral costs. The limitations are set into law to protect the business owners or insurance companies from fraudulent claims. For example, if there were no statute of limitation laws, anyone could come out five or ten years later and file a claim that is fraudulent but hard to disprove, hurting the company. Setting a time limit is fair for both parties.
A seasoned personal injury attorney will understand the law and possible exceptions and can advise you about your particular situation. That being said, it is important not to delay when you think you might have a personal injury claim or you could miss out on important compensation.
Contact Billy Johnson Law Firm Today
If you’ve been hurt in an accident, you don’t have to go it alone. Let our skilled and experienced personal injury lawyers in Paintsville, KY, fight for the compensation you deserve. At Billy Johnson Law Firm, we are 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...