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Kentucky’s Personal Injury Laws
Personal injury law is a confusing term for many people who need to become more familiar with legal terminology and may think personal injury claims relate only to physical injuries. Personal injury need not refer to a physical injury but rather encompasses all types of harm a person could suffer due to negligence or intentional conduct by another person or entity, such as a corporation or employer.
If you believe you have suffered personal injury in the Bardstown area, contact a Bardstown personal injury lawyer from McCoy & Hiestand, PLC to learn more about your case and how an experienced attorney can help.
Personal injuries can certainly include physical injuries, such as broken bones, internal injuries, and traumatic brain injuries, just to name a few. You need a personal injury attorney if your injuries stem from a fall, car accident, or medical malpractice. Personal injuries can also consist of financial damage, such as fraudulent misrepresentation, property damage, or an assault that resulted in costly medical bills and lost wages due to time off work.
Additionally, a personal injury claim can also include damage to a person’s reputation, such as defamation or harm caused to a person’s mental or emotional well-being, which occurs when a personal injury causes extreme psychological stress, anguish, or turmoil. In many cases, a negligent or harmful act can cause several personal injuries and related damages.
Overall some of the types of cases personal injury attorneys in Bardstown work on include:
- Medical Malpractice
- Motorcycle accidents
- Slip and Fall incidents
- Product Liability
- Car Accidents
- Wrongful Death
- Truck Accidents
- Comparative Negligence Doctrine
In Kentucky, personal injury cases must abide by the comparative negligence doctrine. This means that a victim who is found to have contributed in part to causing their injuries will have their personal injury compensation award reduced by the portion of fault for which they are responsible.
Fortunately for Kentucky injured plaintiffs, victims’ recovery is not completely barred, as is the case in pure contributory negligence states. Suppose you believe your actions contributed in part to causing your accident or injuries. In that case, your Bardstown injury attorney can still help you pursue fair compensation from the other party involved.
In other words, you can still hold the other party responsible, and they will not be able to argue that your actions should prevent you from receiving any damages. Regardless of whether you share in some of the faults in causing the personal injury you suffered, our Bardstown personal injury lawyers are here to help.
How Long do You Have to File Your Personal Injury Case?
In Kentucky, the statute of limitations is a year from the date you were injured. This is less than the amount available in other states; however, the shorter time limit may work in your favor. The quicker you reach out to personal injury attorneys in Bardstown, the quicker your case will be started.
And the quicker you will receive the compensation you deserve. Generally, the steps are uniform when you start a personal injury case. In the next section, we will discuss some things you must consider in personal injury cases like these.
How Can We Help You and Your Case?
The main point in any personal injury case is to determine fault. Determining fault and finding out liability for each specific case is crucial. Because we have the skills and expertise to determine fault in any personal injury case, McCoy & Hiestand, PLC has the team to fight for you.
Generally, in every personal injury case, no matter what the specifics are, four elements must be proven to show liability from the responsible party. These elements include the following:
- A duty of care was owed to you
- A breach of this duty has occurred
- Injuries were caused by this breach of the duty of care
- Due to your injuries, losses have occurred
Let’s take a medical malpractice case. When you attend a medical facility, you expect everything to be done smoothly and in an educated manner. What happens when you are supposed to receive a basic level of care and the healthcare professional causes you injuries?
This is why the four elements of liability come into play. You must be able to see what injuries occurred to you at the medical facility and compare that to other professionals in the field. If you believe you were treated poorly by the staff in question and suffered injuries, you may have a personal injury case.
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What Damages Can We Help You Claim?
When it comes to personal injury cases, there are various losses you can sustain. Some losses may be considered compensatory damages, and some losses may be considered general damages. Compensatory damages are damages that have a set numerical value. For instance, these are compensatory damages you can recover from personal injury cases:
- Medical bills
- Lost income
- Property damages
- Future or ongoing medical treatments
On the other hand, general damages are those you have sustained with no numerical value. These damages are more metal losses you have experienced due to someone else’s negligence. These damages include:
- Loss of enjoyment of life
- Pain and suffering
- Trauma
In rare cases, you could be awarded punitive damages to you. These damages are set up to ensure that the negligent party won’t act in this way again or cause injury to others. However, as we previously said, these damages are rarely given out.
Ready to Hire an Experienced Personal Injury Lawyer in Bardstown?
Those who have suffered due to the negligence of another party should seek the counsel of a Bardstown injury lawyer as soon as possible to discuss filing a claim. An attorney will be able to discuss what damages may be available based on the case’s facts and determine the best course of action for filing a successful claim.
No matter the type of personal injury case you wish to begin, we are the team who will fight for you. At McCoy & Hiestand, PLC, we will go above and beyond to fight for your injuries. By contacting us today, you will receive a free case evaluation by contacting us today, making it easy for us to determine the best way to help.
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