Suffering a serious injury often catches you off guard, and you may not be aware of what steps you should take immediately following your accident. In Kentucky, very specific laws apply when trying to hold the liable party accountable for their negligence.
For this reason, we have provided further information regarding KY personal injury laws below so that injury victims can have a better idea of what to expect after being injured. For a more personalized answer to a question you might have, consider contacting a Louisville personal injury lawyer to discuss your case in greater detail.
Types of Accidents That Fall Under Civil Lawsuits
If you are dealing with the aftermath of a serious injury, you may be wondering if there are any legal options available to you. The key to knowing whether you have a personal injury lawsuit on your hands is knowing if someone else is to blame for the accident.
When another party is responsible for causing your injuries, they should also be ordered to compensate you for your losses. Some types of accidents are more frequently seen in Kentucky personal injury lawsuits, including:
- Dog bites
- Nursing home abuse
- Motor vehicle accidents
- Birth injuries
- Defective products
- Premises liability cases
- Medical malpractice
The KY Statute of Limitations for Personal Injury Claims
Once you know if you have grounds for a lawsuit, you will need to move quickly to get your claim filed within the KY civil court system. This is because the statute of limitations for personal injury claims only gives injury victims one year from the date of their accident to file a lawsuit. Failure to file before the statute of limitations expires means that your case will likely be dismissed.
Filing a Lawsuit when You Share Blame for the Accident
It is more common than you might think for an accident survivor to be partially responsible for causing the accident. Kentucky is a pure comparative fault state, which is really just a fancy way of saying you are not prohibited from being awarded compensation for sharing fault. In some states, contributing to your injuries can prevent you from holding the liable party accountable for your losses.
Fortunately, KY allows injury victims to obtain an injury settlement no matter how much fault they carry. However, that doesn’t mean you’ll escape any consequences. When shared fault applies, the injury victim should expect their settlement to be reduced in proportion to their fault. Here’s an example of pure comparative fault in a KY personal injury claim:
Julie was driving over the speed limit when she was suddenly struck by a drunk driver. The judge found Julie to be 25 percent to blame for her injuries since she was speeding. When the jury awarded her $150,000 for her suffering, her award was reduced by 25 percent and her case was resolved at a final injury settlement of $112,500.
Reach Out to a Personal Injury Lawyer in Kentucky
If you have additional questions regarding an injury you endured in Kentucky or if you are interested in learning more about what’s next for your personal injury lawsuit, contact an experienced Kentucky personal injury lawyer.