A Guide to Personal Injury Claims in Kentucky

Personal Injury | June 13, 2023

If you get injured in an unexpected accident in Kentucky, you may not know where to begin in the process of seeking compensation for your losses, such as medical bills and lost wages. Filing a personal injury claim may seem complicated, but it can be simplified with help from an experienced Louisville personal injury attorney. Use this guide as a foundation for beginning your personal injury claim. Then, contact the Law Offices of Hendy | Johnson | Vaughn | Emery for a free case consultation to learn more.

Do I Have a Case?

The civil justice system provides a way for accident victims to seek legal compensation for damages they suffered due to an injury. If one or more parties were negligent and this caused or significantly contributed to the injury, the victim can file a claim against the negligent party. Negligence refers to the failure to act with or exercise a reasonable level of care. If you believe that someone else was negligent, careless, reckless or intended to harm you, and this is what caused your injury, you may have a case.

How Soon Do I Need to File?

The statute of limitations in Kentucky is one year for most personal injury claims. This means you only have one year from the date that your accident took place to file a related personal injury claim. There is an exception for cases brought due to motor vehicle accidents, which have a deadline of two years in Kentucky. The sooner you contact a Louisville personal injury attorney to initiate your claim, the better, as important evidence to support your case may not always be available.

What Steps Should I Take Before Filing a Claim?

If you wish to file a personal injury claim, you will need evidence. The burden of proof in a personal injury case rests with the plaintiff, or filing party. The plaintiff’s attorney is responsible for proving that the defendant is more likely than not responsible for the damages being sought. Do your best to collect evidence early on in your case by taking the following steps:

  1. Report the accident to an appropriate authority, such as the police or your employer.
  2. Seek medical attention for your injuries without delay.
  3. Keep copies of your medical records, accident reports and other relevant documents.
  4. Take photos of important details at the scene of the accident.
  5. Speak to any witnesses who saw the accident take place.

 You should file a claim with the appropriate insurance company as soon as possible. Most insurance companies have strict filing deadlines. Keep any letters or communications that you receive from the insurance company. Before you rush to accept a fast settlement offer, discuss your legal options and the possibility of filing a personal injury lawsuit with an attorney.

How Much Compensation Is Available?

Determining the value of your claim is important, as it will help you avoid accepting less financial compensation than you deserve from an insurance company. Case values are unique to the circumstances of the case. They are based on factors such as the severity of your injuries, the cost of your medical care, the extent of any property damage and how significantly the injury has impacted your life. The best way to determine the potential value of your case is by consulting with a personal injury attorney.

Do I Need to Hire a Personal Injury Attorney?

While hiring a lawyer is not a legal requirement, it is the best way to ensure the protection of your rights throughout your claim. Your attorney will work for you and no one else – not an insurance company or business. Your lawyer can help you go up against insurance claims adjusters, negotiate a fair financial settlement and file a lawsuit, if necessary. If you or a loved one has suffered a catastrophic injury, it is even more important to hire an attorney to help you seek the compensation you need for future foreseeable medical costs.  

For more information about a personal injury claim in Kentucky, contact us to schedule a free case evaluation.

Contact the Louisville Personal Injury Law Firm of Hendy Johnson Vaughn Emery for Help Today

For more information, don’t hesitate to contact Hendy Johnson Vaughn Emery to schedule a free consultation with a personal injury lawyer in Louisville today. We have two convenient locations in Louisville and Fort Mitchell, Kentucky.

We proudly serve Jefferson County, Kenton County, and its surrounding areas:

Hendy Johnson Vaughn Emery – Louisville, KY Office
600 W Main St Ste 100
Louisville, KY, 40202
(502) 540-5700

Hendy Johnson Vaughn Emery – Fort Mitchell, KY Office
2380 Grandview Dr
Fort Mitchell, KY, 41017
(859) 578-4444

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