Somerset Personal Injury Lawyer

Suffering harm by the negligence of others can profoundly impact the victim and their family. Beyond the immediate physical and emotional pain, the aftermath of such incidents can lead to a pervasive sense of injustice. However, an experienced personal injury lawyer in Somerset, KY, will help you seek justice.

At McCoy & Hiestand, PLC we have over 60 years of combined legal experience advocating for the rights of injured victims. Our legal team understands that each personal injury case is unique, and we offer personalized legal assistance to our clients. Call us today for a free consultation.

Personal Injury Cases Our Law Firm Handles

Personal injury law serves as a legal framework to address situations where individuals have suffered physical, emotional, or psychological harm due to the negligence or intentional actions of others.

As experienced personal injury lawyers serving Kentucky, we have handled a wide range of cases, including:

• Car crashes
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Slip and falls
• Dog bites
• Medical malpractice
• Product liability

Personal injury cases come in many forms, so if you were injured under different circumstances than those listed above, don’t hesitate to contact us, as we might still be able to help.

Proving Negligence in a Somerset Personal Injury Case

Negligence is the legal standard by which the responsible party’s actions or omissions are measured against a reasonable person’s expected behavior in similar circumstances. This burden of proof substantiates the injured party’s claim.

Our Somerset personal injury attorneys will prove negligence in your case by considering the following key elements:

• Duty of care: You must demonstrate that the defendant owed you a legal duty of care. This means that they had a responsibility to prevent foreseeable harm. The specific duty of care will vary depending on the circumstances and the relationship between the parties.
• Breach of duty: The defendant breached their duty of care by failing to act as a reasonably prudent person would have under similar circumstances. This involves assessing whether the defendant’s actions or omissions fell below the expected standard of care.
• Causation: You must establish a direct link between the defendant’s breach of duty and the injuries suffered.
• Damages: As the victim, you suffered damages due to the defendant’s negligence. Without quantifiable damages, a negligence claim may not be viable.

Successfully proving all four elements is essential to build a strong personal injury claim. Your lawyer will support each element with evidence and legal arguments to demonstrate that the defendant’s negligence was a direct cause of your injuries and resulting damages.

As a Personal Injury Victim, You Could Recover Damages

If you were injured by someone else’s negligence or wrongful actions, you may be eligible to receive compensation. An experienced Somerset personal injury attorney will calculate all your accident-related losses.

Depending on the details of your personal injury case, you could recover the following economic and non-economic damages:

• Medical expenses
• The cost of future medical care
• Lost wages
• Lost earning potential
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium

The McCoy & Hiestand, PLC legal team employs a systematic approach to establish and prove economic damages (such as medical expenses and property damage) in a personal injury case. We will gather comprehensive evidence, including medical records, bills, and expert testimonies, to calculate and prove the monetary losses you have suffered.

Since non-economic damages like pain and suffering refer to intangible losses, proving these requires a more nuanced approach. We will gather evidence and testimonies from medical professionals, therapists, and mental health experts to establish the extent of your psychological distress.

The Kentucky Statute of Limitations for Personal Injury Lawsuits

The statute of limitations shapes the timeline for victims to initiate legal action for injuries sustained due to negligence or wrongdoing. In Kentucky, for most personal injury claims, you only have one year from the date of the injury to take legal action.

The time frame, however, can be different for specific types of personal injury cases. For example, there is a standard two-year deadline for auto accident claims and one year for medical malpractice. Also, other factors can impact the time frame, so consult a lawyer to learn exactly how much time you have to file a lawsuit.

Failing to meet the statute of limitations will likely lead to your case being dismissed. Furthermore, you may no longer be able to recover the maximum compensation. To protect your right to financial recovery, seek immediate legal assistance after an accident.

Collaborate With an Experienced Somerset Personal Injury Attorney from McCoy & Hiestand

Navigating the complexities of Kentucky personal injury law can be overwhelming without professional legal support. A lawyer will help you better understand how laws and regulations apply to your case so you can decide how to pursue full financial recovery.

Working with an experienced Somerset personal injury attorney brings a strong ally into your corner during difficult times. With a proven track record in advocating for clients, McCoy & Hiestand, PLC combines legal experience with a compassionate approach. Contact our personal injury law firm today to discuss your case.