Fort Mitchell Personal Injury Lawyer
An injury can happen when you least expect it, turning your life upside down and casting your future into uncertainty. In Kentucky, the law gives injured accident victims the right to file legal claims for compensation after preventable accidents. While a personal injury case cannot turn back time, it can provide you with important answers, closure, justice and financial compensation as an accident victim. Trust the Fort Mitchell personal injury attorneys at Hendy | Johnson | Vaughn | Emery with your case for the best possible legal experience.
Why Choose Our Fort Mitchell Personal Injury Lawyers?
- We work closely with our personal injury clients to identify their needs and goals.
- We have obtained hundreds of millions of dollars on behalf of past clients.
- You will have frequent contact with your Fort Mitchell personal injury lawyer.
- Our personal injury lawyers are highly professional, dedicated and honest.
- You won’t pay us unless you win your personal injury case, guaranteed.
When to Contact a Personal Injury Attorney in Fort Mitchell, KY
Hiring a personal injury lawyer can be critical during your personal injury case in Fort Mitchell, especially if a preventable accident has given you or a loved one a serious injury. In this scenario, you cannot trust an insurance company to offer fair financial compensation for your injuries and lawsuits. Instead, you may have to hire a lawyer to negotiate with the insurer on your behalf. An attorney will advocate for fair case results using techniques such as aggressive negotiation strategies and qualified experts. You can have the peace of mind that you need to focus on healing with a lawyer handling the legal process for you.
Do I Have a Case?
A personal injury case may be available to you after an accident in Fort Mitchell if one or more parties were negligent. Negligence is the failure to act with proper or ordinary care, resulting in injuries to others. Negligence consists of four key elements:
- Duty of care. A duty of care is an obligation to act with reasonable care and safety.
- Breach of duty. A breach can refer to any act or omission that violates the duty of care.
- Causation. Causation means the breach of duty is the main or actual cause of the plaintiff’s injuries.
- Damages. Damages are the compensable losses suffered by the plaintiff and sought from the defendant.
If your recent accident contains these elements, you may have grounds to file a personal injury claim for financial compensation in Kentucky. Our lawyers can let you know if you have a personal injury case during a free initial legal consultation at our local law office.
Our Practice Areas | Types of Cases We Accept
Our Fort Mitchell personal injury lawyers have been recognized by SuperLawyers, the National Board of Trial Advocacy and The Best Lawyers in America. We are reputable personal injury attorneys with the experience to craft the right legal strategy for your case. If you’ve been injured in any of the following types of accidents, we can help:
- Car accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Premises liability accident
- Construction accident
- Slip and fall accident
- Dog attack
- Product liability incident
- Medical malpractice
This list should give you an idea of the types of cases that we handle. However, it is not a complete list of our practice areas. Our personal injury lawyers have been practicing this area of law for over 30 years. We can navigate many different types of personal injury claims, including brain injuries, spinal cord injuries, birth injuries, other catastrophic injuries and wrongful death.
Kentucky Personal Injury Laws
To have a successful personal injury claim in Kentucky, you must correctly navigate the state’s related laws. A single misstep could interfere with your ability to recover financial compensation. Personal injury laws change from state to state. In some cases, local municipalities also have their own laws. An experienced personal injury attorney can help you navigate all of the laws that apply to your case, which may include:
- No-fault car accident law. Kentucky is unique in that it uses a “choice no-fault” insurance law. This means that after a car accident, drivers will typically seek coverage from their own insurance policies, regardless of fault. Basic personal injury protection coverage is required of all drivers. Their ability to sue others is barred unless they purchased right-to-sue insurance or their injuries exceed the state’s threshold.
- Comparative fault system. A pure comparative fault or negligence doctrine applies to personal injury cases in Kentucky. This means a percentage of fault can be allocated to both parties and the plaintiff can still recover partial financial compensation. The “pure” part of the law means that a victim can be found up to 99 percent at fault and still recover the remaining 1 percent in compensation from the other party.
- Strict liability dog bite law. Kentucky, like most states, has a specific statute addressing dog bite injury claims. According to state law, dog owners will be held strictly liable for injuries caused by their dogs. This means the owner will have to pay for the victim’s medical bills and losses regardless of the question of negligence or prior knowledge of the dog’s viciousness.
- Damage caps. Currently, Kentucky only has one law capping (limiting) damages or financial compensation available in a personal injury cause of action. The only time the state will limit a plaintiff’s financial recovery is in a claim brought against the government, such as a state or local agency. In this case, financial damages are capped at $200,000 per claim.
Different laws in Kentucky will apply to different types of personal injury cases. If you were injured in a premises liability accident, for example, this will involve different laws and legal doctrines than a product liability case. This is why it is important to hire an attorney with experience handling your specific type of case. This will give the law firm in-depth knowledge of the laws pertaining to the legal matter.
How Much Compensation Can I Recover From a Personal Injury Claim in Fort Mitchell?
One of the major draws toward filing a personal injury claim after a serious accident is receiving financial compensation to help the victim and victim’s family move forward. An accident can cause a great deal of financial stress. It can lead to expensive medical bills, property damage and lost wages, among other costs. Holding one or more parties responsible for an accident can allow you to plan for the future with greater financial stability. You may be entitled to financial compensation for many losses, including:
- Medical care. All of the health care costs associated with your accident and injury, such as surgeries, hospital stays, medications, treatments, medical devices, disability accommodations, around-the-clock care, physical therapy, mental health counseling and rehabilitation.
- Pain and suffering. The noneconomic or intangible harm that you suffered because of the accident, including physical pain, emotional distress, mental anguish, psychological damage, PTSD, inconvenience, anxiety, depression, reduced quality or enjoyment of life, grief, and loss of consortium.
- Property damage. A fair amount to repair any property that was damaged in the accident, such as a motor vehicle in a car accident case. If your car was totaled or your property was destroyed, you may also be eligible for replacement or the full pre-accident value of the item.
- Losses of income. If you had to miss work because of your accident or injury, or if you can no longer perform the required tasks of your job, you could receive reimbursement for your lost wages, tips, commissions, bonuses, employee benefits and future lost capacity to earn.
- Out-of-pocket costs. You can list any other expense that you incurred because of the accident in your personal injury demand letter to seek reimbursement. This may include travel, transportation, a rental car, a hotel and attorney’s fees.
A personal injury attorney can help you establish these damages using evidence such as your medical records, medical expert testimony, an injury journal, photographs, wage documents and receipts. Then, your attorney can go up against an insurance company to aggressively negotiate for maximum financial compensation on your behalf. Our attorneys have the power to take your injury claim to court, if necessary, to pursue a fair result.
Deadline for Filing a Personal Injury Lawsuit in Fort Mitchell
There is a filing deadline on all personal injury claims and lawsuits in Kentucky. If you plan on filing a claim in Fort Mitchell after a harmful accident, you must act quickly. According to Kentucky Revised Statutes Section 413.140, claimants only have one year after a cause of action accrues to bring a personal injury claim. This is one of the shortest statute of limitations in the country. If you do not file an action for an injury within one year, you will most likely lose the right to recover financial compensation.
Kentucky has a different law for property damage claims. According to Section 413.125, actions brought for damage to personal property have a deadline of two years. For the most part, the clock on a statute of limitations starts ticking on the date of the harmful accident or incident. If the victim did not discover the injury right away, this can toll – or extend – the time limit to one year from the date of “reasonable discovery.” This means the date that the victim discovered or reasonably should have discovered the injury using due diligence.
Another unique statute of limitations exists for car accident cases, under Kentucky Revised Statutes Section 304.39-230. While it is not possible to sue another driver in many car accident cases in Kentucky, if a lawsuit is available, it must be commenced no later than two years after the car accident or discovery of injuries. Even if the victim experiences delayed injury discovery, he or she must file no later than four years from the date of the accident. This is called the statute of repose.
The statute of limitations on a wrongful death claim may also be tolled if the victim survived for days or weeks after the accident before passing away. Family members have one year from the date of death to bring this type of claim rather than the date of the accident. An injury claim filed by an injured minor (someone under the age of 18) must be brought within one year of the minor turning 18. Finally, a claim brought against the government in Kentucky must be brought within one year. Kentucky does not shorten the statute of limitations for a claim against the government, unlike many other states.
What to Do if You Are Injured in Fort Mitchell
If you get injured in any type of accident in Fort Mitchell, it is important to try to protect your legal rights from the very beginning. An insurance company will analyze everything you did and did not do after an accident to look for reasons to deny liability for your claim. Optimize your odds of receiving a successful settlement or judgment award by taking all of the right steps. Here’s what to do:
- Get medical care without delay. Put your personal health and safety first. Go to a local hospital right away and follow your doctor’s treatment recommendations.
- Report the accident to authorities immediately. This could be the police in an emergency or your employer for a workplace accident.
- Remain at the scene to gather information. Write down the names of everyone involved, including witnesses. Take photographs and videos before you leave.
- Write down exactly what happened while the details are still clear in your mind. Include the date, time, location and circumstances of the accident.
- Obtain copies of any relevant documents, such as a police accident report and your medical records.
- File an insurance claim. Call your insurance provider or the at-fault party’s insurer to file a claim. Do not admit fault or accept the first settlement offer.
- Do not post on social media about your accident. Do not talk about your accident or injuries to anyone except your personal injury attorney.
- Contact a plaintiff’s attorney in Fort Mitchell for a free consultation about your recent accident and legal options. You can trust an attorney to protect your best interests.
Do your best to collect information, keep records, and prevent yourself from admitting fault or accepting less than you deserve for a serious injury. Before accepting a settlement and finishing your claim, contact us. Our attorneys can give you advice and information that you can trust in the frustrating aftermath of an accident.
Request Your Free Personal Injury Case Review in Fort Mitchell Today
You may be entitled to financial compensation after a harmful accident caused by someone else’s negligence. If you’ve been hurt in Fort Mitchell, Kentucky or the surrounding areas, the attorneys at Hendy | Johnson | Vaughn | Emery are here to help. We will assess your case, give you honest legal advice and help you through this difficult time with a genuine concern for your needs. Start by requesting your free consultation at (859) 578-4444.