Kentucky Trial and Litigation Lawyers

Personal Injury Overview

Most personal injury lawsuits are brought under a theory of negligence. That means that the victim will need to show that the defendant needed to adhere to a certain standard of care, the defendant failed to meet the appropriate standard, and the victim was injured due to the defendant’s careless behavior. Damages available in personal injury cases often include medical bills, future medical costs, lost wages and earning capacity, and pain and suffering. Kentucky follows the rule of pure comparative negligence. This is a relatively generous rule for accident victims because it means that they can recover some compensation even if they were partly at fault for the accident. Our personal injury attorneys help Lexington residents and other victims throughout Kentucky pursue all of the compensation to which they are entitled. It is critical to act promptly after an injury since the time allowed to bring a lawsuit is shorter in Kentucky than in many other states.

Wrongful Death

In Kentucky, a wrongful death is a death that arises out of an injury inflicted by another party’s wrongful or negligent act. Damages can be recovered from someone who caused the death or whose employee or agent caused it. The measure of wrongful death damages can include the loss of earning power and pre-death pain and suffering and lost wages as well as loss of consortium claims for a surviving spouse and child.

Car Accidents

Kentucky is a no-fault state, meaning that your own policy pays up to $10,000 or more (depending on the policy you purchase) of your medical bills if you are injured in a car accident. If someone else was at fault, you will likely also have the right to pursue a claim and file a lawsuit against the person at fault to recover for additional injuries or damages you suffered. If you were in a car accident and suffered permanent facial disfigurement or serious injury to your back, for example, our Lexington personal injury attorneys could help you sue for damages in a personal injury lawsuit. Even if liability seems clear, you should retain a lawyer to push back against the tactics of insurers. An insurer will have experienced attorneys on their side, so you should be represented as well.

Motorcycle Accidents

Riding a motorcycle is more dangerous than driving a car. Even if you are wearing safety gear and following traffic laws, you can face catastrophic injuries or even death. Drivers are often less attentive to the presence of motorcyclists than they should be. They may fail to provide the right of way when required or may not check blind spots. Sometimes more than one driver is at fault for a rider’s injuries or death. We can investigate your motorcycle accident and bring all of the appropriate parties into the case.

Truck Accidents

The weight and size of tractor trailers make devastating injuries common when a truck accident occurs. Often, a negligent driver causes these accidents. However, your Lexington personal injury lawyer will need to look at all of the potential causes of an accident, including the actions or omissions of a trucking company, a truck manufacturer, a repair person, or a third-party loader. Trucking companies often employ truck drivers and may be held vicariously liable for a truck accident. Moreover, they may be held directly liable for negligence in their hiring, supervision, retention, or training procedures.

Slip and Fall Accidents

Property owners in Kentucky have an obligation to keep their premises reasonably safe. This involves identifying hazards and addressing them by making repairs or providing warnings. Accidents often happen due to slippery substances on the floor, uneven or cracked pavement, broken steps or railings, or other hazards that arise from a property owner’s inadequate maintenance. Slip and fall injuries can result in substantial medical bills and lost income. If you have been injured in a slip and fall accident, we can help you hold the property owner accountable.

Nursing Home Abuse and Neglect

When you put a loved one in a nursing home, you trust that he or she will receive proper attention. There are federal laws and state laws with which Kentucky nursing homes must comply and the Kentucky Nursing Home Reform Act specifies certain nursing home standards. Nursing home staff must help residents keep the highest level of mental and physical well-being possible, make sure that a resident can communicate and conduct necessary life activities like bathing and eating, and make sure that a resident can make informed decisions about care. If your loved one has been injured due to abuse or neglect in a nursing home, you can hold the facility accountable.

Dog Bites and Animal Attacks

Dogs are known as man’s best friend, but the injuries that they inflict through bites can be catastrophic. You generally have a year to sue after suffering dog bite injuries although a child may have more time to sue. Kentucky provides strict liability for dog bites. A personal injury lawyer in the Lexington area can help you sue the dog owner if the dog caused an injury, even if it has not displayed aggressive tendencies before, and even if the dog’s owner took reasonable measures to stop a bite from occurring. Under Kentucky law, a dog owner can be held accountable for any damages that the dog causes to a person, property, or livestock, and this rule applies not only to dog bites but also to any other type of injury caused by animals. In some limited situations, a landlord can also be held responsible for injuries caused by an animal owned by a tenant.

Workers’ Compensation

If you are injured on the job in Kentucky, you may be able to recover workers’ compensation benefits. Certain employees are exempt from workers’ compensation, but most are covered. Workers’ compensation benefits that may be available include temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits and reasonable and necessary medical treatment. Survivors of someone who died as a result of a job-related injury may be able to recover death benefits. Benefits may be payable to the surviving spouse and children and to certain other close relatives who were actually dependent on the deceased worker.

Consult an Experienced Personal Injury Attorney in the Lexington Area

Our personal injury attorneys understand what accident victims go through. We have devoted our professional careers to serving clients in state and federal courts in Kentucky, and we use our experience and skills to represent our clients’ interests and rights. We maintain offices in Lexington and Louisville, from which we represent people throughout Kentucky. Call us toll free at 877-634-1519 to set up a free consultation at which we can discuss your next steps.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.