Difficult times arise when one is involved in an incident that causes them injury. Even a seemingly minor accident can result in significant financial losses because of physical or emotional trauma. Whether the injury is sustained in a car wreck, motorcycle accident, truck accident, dog bite incident, or a slip/trip and fall incident, a La Grange personal injury lawyer may be able to help you recover compensation for your medical bills, lost wages, pain and suffering damages, and other damages incurred. It is recommended to contact a qualified injury attorney as soon as possible following the incident that caused injury to ensure your rights are protected.
Injured parties in La Grange must file their accident claims with a court within the statute of limitations time period or the case is barred. This means that if an injury victim cannot reach a settlement with an at-fault party or their insurer, they must initiate a lawsuit against the at-fault party prior to the statute of limitations expiring. If the statute of limitations has expired prior to the filing of the lawsuit, the injury claim is barred, and the injury victim is not entitled to any compensation from the at-fault party or their insurer for their injury damages sustained.
The statute of limitations in Kentucky for injury claims is one year from the date of the incident pursuant to K.R.S. § 413.140(1)(a). However, a different statute of limitations is used for car accident cases. Pursuant to K.R.S. § 304.39-230(6), the statute of limitations for injury claims involving car accidents is at least two years from the date of the accident. A diligent lawyer could help an accident victim file their personal injury case quickly to avoid missing the deadline.
Kentucky is a pure comparative negligence state. This means that the injury victim (typically the plaintiff) can recover against the other party even if they are 99% at fault. However, the injury victim’s share of fault will reduce the other party’s liability. Thus, for example, say two drivers run a stop sign at a four-way stop to cause an accident in the intersection and one of the drivers is injured in the accident. It would be up to the trier of fact (the judge or jury) to determine how much percentage of fault to apportion against each driver. If, in our example, the trier of fact apportions 50% of the fault of the accident to each driver, then the injured driver can recover 50% of his damages from the other driver’s insurer. An experienced attorney could help injured parties recover the maximum amount of available damages in their accident claim.
While you are dealing with your injuries, it can be easy to lose track of important deadlines like a statute of limitations. Additionally, in most personal injury cases, the insurer or defense will work hard to deny liability or attempt to pay you as little as possible.
To ease the burden of dealing with such a difficult time, a La Grange personal injury lawyer could help determine how to best present your case and ensure all your rights are protected. Call the Meagher Law Office, PLLC today to schedule your free consultation.