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 be harmed by the action or inaction of business owners and fellow citizens. If you are hurt and someone else is at fault, you may have a case for redress in the form of a personal injury lawsuit.
How long do you have to sue for personal injury? How do you know if you have a legitimate claim? How do you get started? An experienced personal injury lawyer will be able to answer all of your questions, build your case, and win the full amount of the compensation your injuries warrant.
The term “statute of limitations” refers to the amount of time you have to file your lawsuit after the incident that caused your injuries. After this period passes, with few exceptions, you will be barred from bringing your case, winning damages, and holding the guilty parties accountable.
Kentucky is one of the few states with a statute of limitations of only one year. (More common is 2 to 3 years, although some states’ are even longer.) So it’s especially critical that you file in Kentucky as soon as possible after your accident.
Keep in mind that Kentucky is a “comparative fault” state. What that means is you are allowed to recoup damages even if the court determines you are partially at fault for your injuries. Perhaps there’s an icy patch on a business’s property that they failed to address. You are looking at your phone while you walk, and don’t see it. You slip and fall. If it’s determined that the business is 80% at fault for the incident and your responsibility (for not paying attention) is 20%, your damages will be reduced by 20%. Kentucky imposes no caps on the amount you may receive in a personal injury case.
There are two main categories of damages in personal injury lawsuits: economic and non-economic.
Economic damages include more easily quantifiable expenses such as medical and rehab bills, lost wages, legal fees, and loss of earning capacity. Non-economic damages are designed to compensate for pain and suffering (physical, mental, and emotional), disfigurement and disability, and reduced quality of life.
Because non-economic damages are more subjective, it’s imperative to have a lawyer who knows how to apply precedent to the particulars of your situation to come up with a number that addresses the full scope of your injury and loss.
If you’ve been hurt due to the negligence or actions of another party, Kentucky personal injury attorney Billy Johnson is ready to fight for the money you need to heal and get your life back. Call our office to schedule a free consultation.