Shelbyville Personal Injury Attorneys
Have you been injured by a negligent or careless person or business? If so, you may wish to contact an Shelbyville personal injury attorney. An experienced and knowledgeable lawyer can evaluate your case, investigate the facts of your case, preserve any necessary evidence to prove your case, and discuss your legal options every step of the way during the pendency of your claim.
Personal Injury Lawyers In Shelbyville, KY
There are many types of personal injury cases. At Meagher Injury Lawyers, we most commonly handle car accidents, motorcycle wrecks, truck accidents, pedestrian accidents, bus accidents, dog bites, and slip/trip and fall cases. No matter what accident you were in, many steps are involved in a successful injury claim.
Negligence In Personal Injury Cases
The vast majority of cases handled by the Meagher Injury Lawyers are based on the legal theory of negligence. A person or business is negligent when they act (or fail to act) in such a careless way that they disregard the safety of others.
The most common negligence claims pursued by Meagher Injury Lawyers include car accidents, motorcycle accidents, trucking accidents, bicycle accidents, pedestrian accidents, and slip/trip and fall incidents. Dog bite incidents also commonly involve negligence claims, though, in certain circumstances, defendants in dog bite incidents may be liable under a strict liability theory.
Pure Comparative Negligence
Pursuant to K.R.S. § 411.182, Kentucky is a pure comparative fault state. This means that every party defendant in a lawsuit is only liable for their percentage of fault. Thus, even if a plaintiff’s negligent behavior contributed to the incident which caused their injury, they are still entitled to recovering from any negligent defendant that is determined to be at least partially liable for the incident.
For instance, if a plaintiff is determined (by a judge or jury) to be 25% responsible for the incident which caused their injuries and the defendant is determined to be 75% liable for the incident, the plaintiff is entitled to recover 75% of their damages from the defendant. A seasoned personal injury lawyer could help plaintiffs understand how pure comparative negligence can impact their case.
Damages Available To Accident Victims In Shelbyville
There are several types of damages a claimant may be entitled to recover in an injury claim. The most common damages in a personal injury claim are medical bills, pain and suffering, lost wages, and impairment to ability to work in the future (future lost earnings).
Pain and suffering damages include all of the physical and emotional stress caused to an injury victim due to their injury. Some factors to look at when assessing the value of one’s pain and suffering include:
- Physical Pain
- Mental Suffering
- Loss Of Enjoyment Or Quality Of Life
- Inconvenience
- Embarrassment
- Damage To Reputation
In many cases, pain and suffering damages account for the largest percentage of compensation in the accident claim. Lost wages include the compensation an injury victim has missed out on due to having to miss time from work due to the injuries. In other words, lost wages are meant to compensate an injury victim for the compensation they would have received had they not had to miss any time from work due to their injuries.
Should one’s injuries be so catastrophic that their injuries will prevent them from working in the future, a skilled attorney in Shelbyville could help them recover compensation doe those damages. The use of experts is often needed to prove the value of one’s claim for future lost earnings.
Frequently Asked Questions
What is the statute of limitations for personal injury lawsuits in Kentucky?
You have one year from the date that your injuries occurred to file a personal injury lawsuit to recover damages for those injuries. However, the exception to this rule is for automobile accident injury cases. In automobile accident injury cases, you have a minimum of two years from the date of the car accident that caused your injuries to file a lawsuit. After that, you will no longer have a right to seek compensation. Our personal injury lawyers at Meagher Injury Lawyers can help you protect your rights by getting started on your case right away.
What if an uninsured or underinsured driver hits me in Kentucky?
If you’re hit by an uninsured or underinsured driver in Kentucky, you will need to file a claim against the underinsured and uninsured coverage on your insurance policy to claim damages. An attorney can help you file such a claim to cover your medical expenses, lost wages, and pain and suffering damages.
Contact A Shelbyville Personal Injury Attorney Today
If you have recently been injured due to another’s negligence, you are likely experiencing a very difficult time and unsure of your options. A Shelbyville personal injury lawyer can help you navigate the claim process against the insurance company and, if necessary, via the filing of a lawsuit. Do not hesitate to contact the Meagher Injury Lawyers, PLLC to schedule a free case evaluation.
