Louisville Personal Injury Attorney
Nobody should ever have to worry about being harmed due to the careless or negligent actions of another person. However, at the Law Offices of Hendy | Johnson | Vaughn | Emery, our Louisville personal injury attorneys are here to help if you have been injured. We will investigate every aspect of your case in order to secure the compensation you are entitled to.
Get a free case evaluation by sending us a message or calling (859) 578-4444.
Louisville Personal Injury FAQs and Resources:
- Do I need a Louisville personal injury attorney for my case?
- How much compensation is available in personal injury cases?
- Damage caps in Kentucky
- How do personal injuries occur?
- What are the four elements of negligence?
- More FAQs
Why Choose Hendy | Johnson | Vaughn | Emery for a Personal Injury Case?
It is vital to secure a Louisville personal injury lawyer with extensive experience handling these types of cases, and the experienced legal team at Hendy | Johnson | Vaughn | Emery is ready to help.
- We specialize only in personal injury law, which has given us specialized experience in this field and will allow us to obtain maximum compensation on behalf of each client.
- We work to ensure that our clients receive personalized and direct attention from their attorney. Our law firm will not hand your case off to a junior associate or a paralegal.
- We take all Louisville personal injury cases on a contingency fee basis, which means you pay no legal fees until we secure the compensation you deserve.
Do I Need an Injury Attorney for This Case?
Personal injury cases can become incredibly complex. Usually, an injury victim does not have the resources or legal experience to properly pursue the compensation they need. Your Louisville personal injury attorney will be responsible for:
- Obtaining all evidence in the case, including video surveillance, photos, eyewitness statements, accident reports, and more.
- Working with skilled medical professionals to properly evaluate the full extent of your injuries and the cost of care.
- Negotiating with all parties involved including insurance companies to arrive at a fair settlement on your behalf or taking the case to trial if necessary.
- Preparing your case for trial if the at-fault party refuses to offer a fair settlement on your behalf.
Going up against a powerful insurance company in pursuit of justice and full financial compensation is easier with an experienced attorney by your side. If you’re unsure of whether you need to hire an attorney, we will give you our honest opinion during a free initial consultation in Louisville.
How Much Compensation Is Available in Personal Injury Cases?
It can be incredibly difficult to pinpoint exactly how much compensation a personal injury victim will be awarded. There are many factors that go into a final compensation amount. An attorney will work to calculate both economic and non-economic damages. The true cost of a personal injury goes well beyond medical bills and lost income. There are various other “hidden costs” injured victims and families may incur during injury claims, including the cost of vehicle or home modifications, the cost of travel to and from hospitals and doctor’s offices, medical equipment, and more.
However, the insurance company’s main goal is to give out the least amount of compensation. If you or somebody you love has suffered a serious injury due to the careless or negligent behaviors of another person, company, or entity, there are various types of compensation you may be entitled to. At the Law Offices of Hendy | Johnson | Vaughn | Emery, our legal team regularly helps personal injury victims in the Louisville area recover the following compensation:
- Any medical expenses related to the injury or car accident
- Lost income and benefits if a victim is unable to work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against a grossly negligent party
Economic and noneconomic damages are compensatory, meaning they are meant to compensate a victim for the losses that he or she has suffered. Punitive damages, on the other hand, punish a defendant and set an example for others in the community. (For this reason, they are also referred to as exemplary damages.) Although punitive damages are not awarded in many personal injury cases, they may be appropriate if a defendant is guilty of gross negligence, wanton or willful acts of wrongdoing, or malicious intent to harm.
Does Kentucky Have Damage Caps?
Several states across the country have damage caps in place – laws that limit the total amount of compensation available to a plaintiff in a personal injury case. These caps are generally intended to prevent frivolous and fraudulent claims, as well as to protect certain parties – such as medical providers and government agencies – from going bankrupt due to large settlements. Kentucky, however, is not one of these states. There are currently no caps on the amount of compensation that an injured victim can receive in Kentucky.
Personal Injuries Occur in a Variety of Ways in Kentucky
You may have grounds to file a personal injury claim after many different types of accidents in Louisville. There are innumerable ways that a person can be injured due to the careless or negligent actions of somebody else. At the Law Offices of Hendy | Johnson | Vaughn | Emery, our Louisville personal injury attorneys regularly help clients who have sustained injuries due to the following:
- Car accidents and wrecks
- Commercial truck accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Bus accidents or other mass transit incidents
- Premises liability accidents
- Medical malpractice
- Birth injuries
- Slip and fall accidents
- Defective product incidents
- Elder abuse cases and nursing home abuse
- Dog bites
- Dangerous prescription drugs
- E-cigarette and vaping injury cases
- Wrongful death
This is certainly not a complete list of the type of injuries that can occur. Anytime the actions of another person, business, or entity cause harm to someone else, they should be held accountable for their actions. Please speak with a qualified attorney before making any decisions regarding the direction your case should take and before you speak to any insurance carriers.
What Are the Four Elements of Negligence?
The plaintiff, or filing party, has the burden of proof in a civil case. This makes it the plaintiff’s responsibility to prove that the defendant is at fault or liable for the accident. The burden of proof is a preponderance of the evidence, or clear and convincing evidence that the defendant is more likely to be at fault than not at fault for the damages being claimed.
Most personal injury lawsuits in Kentucky are based on the plaintiff’s legal theory of negligence. Negligence is the legal term for the failure to act with ordinary care. When negligence results in injuries to others, the negligent party can be held accountable through a civil lawsuit. Proving negligence requires evidence of four elements:
- Duty of care. A legal obligation that is imposed on an individual or entity to adhere to a standard of reasonable care. A party’s exact duties of care depend on the circumstances.
- Breach of the duty of care. A breach of the duty of care is the failure to meet the standards of care required of an individual, either through an act or omission.
- Damages suffered. Damages in this sense refer to the specific losses that the plaintiff experienced because of the ordeal, such as injuries and medical bills.
- Causation. The element of causation requires proof that the plaintiff’s damages would not have occurred but for the defendant’s breach of the duty of care.
In general, anytime someone owes a duty of care to another person, and they breach that duty, they could be held liable for any injuries and damages they cause. For example, a commercial truck driver must follow all rules and regulations concerning their industry, including not operating while impaired by alcohol. If they do drive impaired and cause an accident, they have breached their duty of care and could be held liable for any injuries they caused.
Most Common Injuries in a Personal Injury Case
There are various injuries that a person can sustain if they are harmed due to the actions of another. The severity of the injuries will depend on the circumstances of the accident or incident. Unfortunately, many accidents result in catastrophic injuries – permanent or life-changing injuries. It is not uncommon for our Louisville personal injury lawyers to help clients who have sustained the following:
- Traumatic brain injuries
- Open head injuries
- Spinal cord injuries with possible paralysis
- Internal organ damage and internal bleeding
- Broken or dislocated bones
- Severe lacerations or amputations
We also need to discuss other “hidden injuries” that victims can sustain. This can include immense emotional and psychological trauma caused by the incident and the injuries. A person can suffer from pain and suffering and it is not uncommon for injury victims to sustain extended periods of anxiety, fear, and depression due to these incidents. Personal injury victims could even suffer from post-traumatic stress disorder (PTSD) as a result of their injuries.
Personal Injury FAQs in Louisville, Kentucky
At the Law Offices of Hendy | Johnson | Vaughn | Emery, we understand that accident victims often have many questions when it comes to pursuing personal injury cases. Here we list several of our most frequently asked questions to help you learn more about this area of civil law. If you have further questions, we invite you to contact us by phone or online message to schedule a free one-on-one consultation with an attorney.
What Should I Do After an Accident?
Immediately after an accident, notify the authorities. This may mean law enforcement, your employer, a store manager or a property owner, depending on the type of accident. Before you leave the scene, take pictures and videos with your cell phone and file an accident report, if possible. Get the names and phone numbers of any eyewitnesses. Then, get professional medical care for your injuries without delay. When you’re ready to file an insurance claim to pursue compensation, contact a personal injury lawyer in Louisville.
What Are Some of the Qualities I Should Look for in a Personal Injury Attorney?
Not all personal injury attorneys are the same in terms of quality or success. Do your research to find the lawyer that’s right for you in Louisville. Your lawyer should have multiple years of experience in your practice area. He or she should dedicate personal time and attention to your case – not pass it off to a paralegal or assistant. It helps to find a lawyer with a track record of success and positive testimonials. This can give you greater confidence in your lawyer’s capabilities.
How Much Does a Personal Injury Lawyer Cost?
Although this answer varies from lawyer to lawyer, at the Law Offices of Hendy | Johnson | Vaughn | Emery, we operate on a contingency fee basis. This means you will never pay a cent out of your own pocket for attorney’s fees, win or lose. We bill for our services by taking a percentage of the settlement or judgment award collected on your behalf. We will discuss the exact percentage with you based on your case. If we don’t win your case and secure financial compensation, you won’t pay us anything for the work that we’ve completed – guaranteed.
How Long Does it Take to Settle a Case?
The answer to this question depends on the case and its level of complexity. A simple case that involves minor to no injuries can often be settled in just a few months. Cases involving severe injuries, long recovery times, multiple defendants, a liability dispute, issues with an insurance policy, insurance bad faith and other complications, however, can take much longer. If a personal injury case goes to trial, it can take one year or more. Your lawyer will look for ways to resolve your case as efficiently as possible to save you time and money.
What Is the Average Personal Injury Settlement?
An “average” personal injury settlement is a misnomer. The difference in value from case to case is so significant that it is impossible to calculate any type of average that is accurate for every client. Some clients receive a few thousand dollars for small claims, while our attorneys have obtained multiple settlements and verdicts that are seven, eight and even nine figures – our highest currently being $230,000,000 for a product liability claim with multiple plaintiffs. The courts in Kentucky don’t assign a standard value for all cases. Instead, values are calculated only after careful consideration of all of the facts.
What if I Was Injured at Work? Can I Still File a Lawsuit?
Injuries at work can be complicated, as you may have grounds for both a workers’ compensation claim and a personal injury or wrongful death lawsuit. It’s important to realize that once you accept a workers’ comp settlement, you forfeit the right to sue your employer for negligence in connection to your injury or illness. If a third party caused your occupational injury or illness, however, such as a product manufacturer, you could be eligible for compensation through both types of claims. Always speak to an attorney before filing a workers’ comp claim, as bringing a lawsuit against your employer might be the better choice.
How to Deal With an Insurance Company After an Accident in Kentucky
One of the key benefits of hiring a lawyer is to level the playing field between yourself and a major insurance corporation in Kentucky. Obtaining compensation for your medical bills, property repairs and other losses typically takes successfully negotiating a settlement with an insurance provider. If you know how to deal with an insurance company, this will increase your chances of recovering the financial compensation that you deserve. Use these tips during your insurance claim in Louisville:
- Before you speak to an insurance claims adjuster, gather all of the facts and details of the accident.
- Record the conversation or take detailed notes.
- Don’t admit fault for the accident or apologize.
- Don’t agree to give the adjuster a recorded statement.
- Don’t discuss your injuries until you’ve seen a doctor.
- Don’t give too many details; keep your answers to questions short and simple.
- If you don’t have the answer to a question, say that you don’t know rather than speculating.
- Don’t sign any type of medical authorization or release form.
- Don’t rush into a settlement; the insurance company expects you to negotiate, so the first offer is often lower than what the client deserves.
- Don’t sign a Release of Liability Waiver without talking to an attorney, as you generally cannot reopen a closed case.
This is general advice for dealing with an insurance company as a claimant in Kentucky. For tailored legal guidance about how to handle your insurance claim in a way that will optimize your results, contact us to speak to an attorney. Our law firm has been going up against insurance companies and other powerful adversaries – and winning – for over 30 years.
What Is the Statute of Limitations for a Louisville, KY Personal Injury Claim?
Each state is responsible for setting a time limit (called the statute of limitations) for how long an injury victim has to file a lawsuit after they have sustained an injury caused by somebody else. It is important that you contact an attorney as soon as possible as there are specific statute of limitations for each type of injury claim which sets time limitations in which to file a lawsuit or your potential case will be forever barred.
Due to these stringent statutes of limitations, it is vital that you seek legal representation from a Louisville personal injury lawyer soon after you are injured in order to properly secure the compensation you are entitled to.
Contact a Louisville Personal Injury Lawyer
If you or one of your loved ones need an experienced Louisville personal injury attorney, you can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.
Our attorneys will help you seek compensation and give you legal advice on the next steps.