American citizens enjoy the right to pursue legal action when another person causes them to suffer an injury. If you suffered a physical injury, property damage, your loved one’s death, or another type of harm because of someone else’s actions or inactions, you could be legally entitled to receive financial compensation for your losses.
When someone hurts you in the Louisville, Kentucky area, turn to the Louisville personal injury lawyer at Ben Crump Law, PLLC, for help. You can contact our team at (800) 730-1331 for a free, no-obligation consultation on your case. Since we work on contingency, we will help you with your lawsuit without ever charging you a fee unless we can earn financial compensation for you. Reach out to us today to learn more about your legal rights and options.
Personal Injury Cases and Kentucky’s Negligence Law
Personal injury lawsuits are based on the concept of negligence. These types of cases are also called torts. Negligence refers to when a person either acts or fails to act to prevent harming another person. It can be either intentional or unintentional.
Regardless of whether the negligence was intentional, when another person causes you to suffer harm through their actions, you have the right to take legal action against them to try to recoup your losses. These losses could include medical expenses, property damage costs, pain and suffering, and other damages you incurred because of that person’s actions.
If both you and the other person share fault for the harm, Kentucky uses a pure comparative negligence system to determine damages, according to Kentucky Revised Statutes (KRS) § 411.182. This means each person involved in the incident is financially responsible for their share of the blame. For example, if you were in a car accident that was 10% your fault and the damages are worth $50,000, you could only recover 90% of the award, or $45,000.
For this reason, if you hope to recover financial compensation through a personal injury lawsuit, you must prove the defendant was at fault or mostly at fault for the harm you suffered. An attorney can help you with your case by investigating and gathering evidence of fault as well as pursuing the lawsuit for you.
To establish fault in a personal injury case, there are four main steps. You must prove:
- The defendant owed you a duty of care.
- They breached this duty.
- This breach of duty caused you to suffer harm.
- You have suffered damages because of this harm.
For a free legal consultation with a personal injury lawyer serving Louisville, call 800-730-1331
Common Causes of Personal Injury Lawsuits
Any action that someone takes or fails to take that causes you harm can be grounds for a personal injury lawsuit. Some of the most common reasons to pursue a personal injury lawsuit include:
- Car accidents
- Slip and fall accidents
- Dog bites or other animal attacks
- Defective products
- Professional negligence
- Medical negligence
- Nursing home abuse and neglect
- Exposure to toxic substances
- Wrongful death
If you think you have grounds for a personal injury lawsuit, you could have a Louisville personal injury lawyer review the details of your situation and advise you on your next steps.
At Ben Crump Law, PLLC, we aim to help victims receive justice. Personal injury cases are about making sure you do not suffer any further from the harm is already done to you. Give us a call today to set up a free consultation.
Louisville Personal Injury Lawyer Near Me 800-730-1331
Kentucky Statutes of Limitations for Personal Injury Cases
All personal injury lawsuits need to be filed by a certain time, which can be found in the statute of limitations. If you do not pursue your case within the window Kentucky law designates, you could lose your right to take legal action or recover compensation for your suffering.
There are several statutes of limitations for personal injury cases, depending on the grounds of your lawsuit. Here are some of the applicable statutes of limitations for common personal injury cases:
- KRS § 413.140 gives plaintiffs only one year to bring most types of personal injury lawsuits, including cases for injury to a family member, injury by a company, professional or medical malpractice, and wrongful death.
- KRS § 304.39-230 gives plaintiffs two years from the date of the accident to file a case for injury or death due to a car accident.
- KRS § 411.310 gives plaintiffs five years from the date of the sale or eight years from the date of manufacture to bring a suit for product liability.
- KRS § 413.135 gives plaintiffs seven years for injury or death cases caused by deficient construction.
- KRS § 413.160 provides a 10-year limit for cases regarding written contracts or any other cases not specifically provided for by another statute of limitations.
There can also be exceptions to the statutes of limitations, such as if the plaintiff was a minor or had a disability at the time of injury, or if the defendant was absent from Kentucky. To make sure you file your lawsuit on time, and know your legal options, contact a Louisville personal injury lawyer for help.
Recoverable Damages Through a Personal Injury Lawsuit
Unlike criminal cases, which punish the defendant for their actions, the purpose of personal injury and other civil cases is to compensate the plaintiff. You could receive compensation to reimburse you for direct losses related to your injury and compensate you for non-economic losses. Damages that you may be able to recover through a personal injury lawsuit in Louisville include:
- Lost income and loss of earning capacity
- The cost of past and future medical treatment
- Physical pain and suffering
- Mental anguish
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Other damages
Our Louisville personal injury lawyer with Ben Crump Law, PLLC, can help you identify and calculate the damages the person who caused you harm may owe you. When you entrust your case to us, we will do everything we can to earn you a full and fair settlement for all your losses while you take the time you need to rest and heal from your injury.
Call us at (800) 730-1331 today to schedule a free consultation on your personal injury case.