What is Personal Injury Law?
When someone is wrongfully injured due to an accident they had little to no involvement in causing, they can sue the party responsible for their injuries. The injured party is referred to in legal terms as the “plaintiff” and the accused is known as the “defendant.” The defendant can be an individual, multiple parties, or a company depending on the cause of the accident. For example, if you were injured at work, the defendant may be your employer. However, if you were hurt in a motor vehicle collision, a single motorist may be identified as the at-fault party.
The plaintiff can sue the defendant for monetary compensation. If the plaintiff wins, this relieves them of the burden of having to cover expensive medical bills and other accident-related expenses on their own. A plaintiff can sue for any losses or “damages” incurred as a result of their accident, so the actual amount of compensation that is awarded varies case by case.
Recoverable damages include:
- Any medical expenses incurred, such as hospitalization costs, medication, surgery, counseling, physical therapy, and more
- Earnings lost from having to take time off work
- Physical and emotional pain and suffering endured
- Property damage repair or replacement costs
- Funeral expenses and death benefits (in the event someone is killed)
- Punitive damages (in rare cases)
Know Your Rights After an Accident
It’s not enough to know you’re in the right when filing a claim—you’re going to have to demonstrate this during negotiations or at a trial. This is an arduous process that involves gathering evidence, figuring out how much your claim is worth, writing letters to responsible parties and their insurance companies, and much more. Having a dedicated Kentucky personal injury attorney at your side when filing your claim gives you a leg up every step of the way.
Schedule a free consultation with one of our seasoned Kentucky personal injury lawyers today to learn more about how we can assist you in minimizing the uncertainty associated with the claims process and get you on the track to a brighter future. We know how to help you obtain the maximum compensation allowable under Kentucky state law in the wake of a tragic accident.
Don’t Face the Big Insurance Companies on Your Own
It’s important to have a dedicated personal injury attorney as your partner when you’re filing a claim related to an injurious accident. By helping you hold negligent or reckless parties accountable for their actions, a seasoned Kentucky personal injury lawyer can prevent insurance companies from acting in bad faith and unjustly denying, reducing, or delaying the compensation that should be yours. Each case is unique, and we’ll handle it with the dignity and respect it deserves.
Bentley, George & Sparks provide a safe and non-judgmental environment for you to talk about your legal situation. Call us today at (606) 332-2494 for your free consultation.
What should I do if I’ve been injured through no fault of my own?
The first thing you should do following a serious injury is seek medical treatment. As soon as you have done so, you or a member of your family should get in touch with a dedicated Kentucky personal injury attorney. A personal injury lawyer can protect your rights following a severe injury and advise whether filing a lawsuit against the responsible party is a good idea or not. Do not post about your accident on social media or confide the details to anyone until you have received legal advice.
Should I accept the settlement offered by my insurance company for my injury?
You should never agree to any settlement unless you have first discussed the offer with a knowledgeable personal injury lawyer. Sometimes claims examiners act in good faith and offer a fair settlement right away, but most of the time you can get a far more just settlement when a claims examiner knows your personal injury attorney is willing to go to trial on your behalf.
Who can I hold liable for my injuries?
Depending on the circumstances surrounding your injuries, there are numerous individuals or parties you may be able to hold liable, including drivers of large trucks, healthcare professionals, property owners, and manufacturers and sellers of equipment. Your personal injury attorney may be able to point out other persons whose negligence or misconduct may have contributed to your injuries and help you hold them liable in civil court.
How much money can I receive in a personal injury case?
The exact amount of compensation for which you are eligible depends on many factors, including the type of insurance policies involved, the extent of your injuries, and to what degree you yourself might have helped contribute to an injurious accident. You should, however, be able to recover damages sufficient to address your medical expenses and lost wages as well as for non-economic factors such as the pain and suffering you have endured because of your injury.
How long will my case take to resolve?
It is in the interest of insurance companies to delay the resolution of a case for as long as possible. However, you can expect that your case will take somewhere between six months and a year to be resolved. A personal injury case can take even longer if a trial is involved.
How can a personal injury lawyer help me win my case?
Rules and regulations surrounding personal injury cases are very complicated in the state of Kentucky. Insurance companies and the claims examiners who work for them are experts at denying, delaying, and reducing claims whenever possible. A personal injury lawyer can keep them acting in good faith and prevent them from taking advantage of your lack of legal know-how. That’s our job, and it’s a job we’re proud to say we do very well.