An example of an injury that can be considered “a personal injury” is one that results from carelessness. It could be caused by someone else’s deliberate action or their inaction. 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. You can get hurt because of someone else’s carelessness or negligence in a variety of ways.
You have the right to sue those responsible for your harm in court and seek compensation from them. Many different people and organizations can be held liable for an accident, including drivers, insurance companies, employers, manufacturers, property owners, healthcare providers, animal owners, and many more.
Causes of Personal Injuries in West Liberty
A West Liberty 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 West Liberty. 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.
Understanding Catastrophic Injury
Over 200,000 Americans lose their lives each year due to catastrophic injuries, making them the fourth leading cause of death by the year 2020, as reported by the Centers for Disease Control and Prevention (CDC).
To suffer a catastrophic injury is to suffer a severe and disabling wound that may have lasting effects. Injuries of this kind typically necessitate a lengthy rehabilitation period, if not resulting in a permanent handicap. Automobile accidents, vehicle accidents, job accidents, and falls at home are common causes of catastrophic injuries. A catastrophic injury can result from any event that causes extreme bodily or mental suffering.
Suffering from a catastrophic injury can be a life-changing event. Not only do you have to deal with the physical pain and suffering, but you may also face financial difficulties. Many people who suffer from catastrophic injuries cannot return to work, making it difficult to pay for medical bills and other living expenses.
It’s essential to seek the help of a skilled personal injury attorney who can help you recover the compensation you need to get your life back on track. A personal injury attorney will investigate your accident, gather evidence, and build a solid case to help you recover the maximum amount of compensation possible.
Choosing the Best Personal Injury Lawyers in West Liberty, 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 West Liberty 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 for a previous record of safety violations. Punitive damages are meant to warn other potential offenders who might be tempted to do the same thing.
To show negligence on the part of the defendant, your attorney will have to prove:
- Duty of Care – One party’s obligation to another is known as a “duty of care,” and it requires that party to use reasonable care in a certain situation. A provider has an obligation to adhere to the generally accepted standard of care once a doctor/patient relationship has been established, such as when a patient visits a doctor in a clinical environment.
- Breach of Duty – You won’t have a case until the party with the duty of care actually failed to uphold it. Is it the case, for instance, that you weren’t given proper attention following surgery because your doctor was too busy? While you were sitting at a red light, was your car hit by a drunk driver? Have you ever been to a business where the personnel ignored a spill they knew about (or should have known about)? Negligence is not legally actionable until there has been a violation of duty.
- Causation – Causation is the third factor in any negligence claim. To establish causation, you must show that your damages were caused by the defendant’s negligence. While this may appear easy at first, complications may occur. Medical records, for instance, can support a claim that an accident caused an injury by showing a causal relationship between the accident and the injury. However, if you already had a preexisting condition that caused the injury, it could be used against you.
- Damages – The fourth and final element of every successful personal injury claim is damages. You must have incurred actual losses as a direct and proximate result of the liable party’s negligence.
In a nutshell, this means that your West Liberty 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.
Statute of Limitations on Personal Injury Claims in West Liberty
Because all personal injury cases are different, it’s best to talk to a knowledgeable injury lawyer in Pikeville 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 a West Liberty personal injury lawyer for more information.
How Much Does It Cost to Hire a West Liberty Personal Injury Lawyer?
A West Liberty personal injury attorney at Billy Johnson Law Firm works on contingency, which means that we don’t get paid until you get paid. Your legal fees are paid by the defendant as part of a settlement agreement or jury award.
If, for some reason, your claim is not successful, then you owe us nothing. You don’t have to worry about up-front money to hire an attorney to represent you.
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 West Liberty personal injury lawyer 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...