When someone else’s wrongful conduct causes you to suffer personal injuries, they should be held accountable for all of the resulting injuries and damages that you incur. As our attorneys at Gary C. Johnson, P.S.C. know, what initially seems like a minor injury often leads to more serious physical and financial consequences.
Unfortunately, many serious injury victims do not receive the financial compensation that they deserve because they do not have experienced legal advocates fighting for their right to recover. Personal injuries can be incredibly disruptive for injured victims and their families, especially for severe injuries. An experienced Lexington personal injury attorney at our law firm can help make the recovery process easier through this difficult time. Contact our law office today to schedule a free consultation and learn your legal rights.
While each case is different, the following are the general steps involved in an injury case:
Our experienced attorneys will begin working on your case immediately after the initial consultation. They will speak with witnesses, review accident reports and medical records, and handle all communication with insurance companies and defense attorneys. We can build a strong case using all of our investigative resources.
Insurance companies often try to settle claims quickly for an amount that is only a fraction of what your claim is actually worth. Our Lexington personal injury lawyers will help to place a value on your claim that compensates you for all of your injuries and damages. We will not let an insurance company offer you a lowball settlement, and we will pursue maximum compensation in all settlement negotiations and at trial if necessary, even against tough cases that may involve our Lexington truck accident attorneys.
When you hear about the types of “damages” that can be recovered in a personal injury case, this is referring to the amount of compensation a victim can receive. One of the most important factors in an injury case is determining the total amount that your injuries have cost a victim monetarily, physically, and mentally. There are various types of damages that can be recovered.
Compensatory damages are those that are intended to compensate the injured plaintiff for what has happened to them. These can include:
The fault is proven in a case by examining the totality of the evidence available. To prove that a defendant’s negligence was to blame for the injury, it needs to be shown that the defendant:
Proving fault may also involve showing that the defendant’s actions were intentional and done with a designed purpose or with the certainty of the outcome to the plaintiff.
Our skilled Lexington personal injury attorneys are skilled in handling a broad range of Kentucky injury claims. Injury cases that we frequently manage include:
There is a chance that your personal injury claim will need to go to trial, but this is a slim chance. Most Lexington personal injury claims are resolved through settlements with insurance carriers. Of course, the type of insurance carrier will depend heavily on the type of claim. For example, auto insurance carriers will usually resolve vehicle accident claims within a few weeks or months after the incident occurs. Business owners have insurance carriers for incidents such as slip and falls or other types of injuries that occur on their property.
However, just because insurance carriers may offer a settlement does not necessarily mean this is the best option for a plaintiff. An insurance carrier will typically try to offer an incredibly low settlement, which may not be in the best interest of the injury victim. A plaintiff may need to file a civil personal injury lawsuit against the at-fault party, but even when the case enters the civil court system, it still may not reach trial.
There are typically long periods of discovery, where both sides will exchange information and continue investigating. There will be depositions. There will be more negotiations and maybe even mediation. Only if the two sides cannot reach an agreement after all of this will the case go to trial.
Yes, individuals absolutely can file a personal injury claim without a lawyer. However, that may not be in their best interest. These cases generally start with a claim with an insurance carrier, and it is not uncommon for individuals to file this claim without any legal assistance. However, insurance carriers and their legal teams know these laws in and out, and they also are trained negotiators. They can take advantage of individuals without any legal experience.
A skilled attorney can investigate the entire claim and then handle the insurance carriers on behalf of their client. Additionally, an attorney will also have the resources to fully prepare a claim for trial. The civil lawsuit process is complicated. As we mentioned above, the discovery process can take place over a longer period of time, and there may need to be depositions taken from witnesses. An attorney will fully prepare you for any deposition you have to sit for, and they will fully represent you in front of a jury if the case goes that far.
When you work with an attorney for a complicated personal injury claim in Lexington, you will have peace of mind. You can focus on recovering and spending time with your family while your attorney gets the case ready.
There is no set amount of compensation paid to a personal injury victim in Lexington if their case is successful. There are several factors that can affect the outcome of how much a person receives. Some of these factors that influence settlement or jury verdict amounts include the following:
There may certainly be other factors that can influence the total settlement amount. When you begin working with an attorney, they will not be able to give you an exact figure related to how much your claim is worth, but they may be able to give you an estimate. We encourage you to speak to your attorney if you have any questions about the total value of your claim.
There are situations where fault is shared between multiple parties. Kentucky operates under a “pure comparative negligence” system, which means individuals can recover compensation even if they are up to 99% at fault for their injuries. However, the total compensation they receive will be reduced depending on any percentage of fault they had for the incident.
For example, if a person sustains $100,000 worth of damages as a result of a vehicle accident, but a jury determines that they were 25% responsible for the incident, they would receive $75,000 instead of the complete amount.
During the latest reporting year across the state of Kentucky, the Department of Transportation states that there were more than 131,000 total collisions. Out of these incidents, there were more than 30,000 injuries and 816 fatalities.
Accidents involving larger commercial trucks typically result in extensive property damage and severe injuries for those involved. Pursuing compensation from truck drivers and trucking companies is challenging.
Bicyclists, along with pedestrians, are more vulnerable to major injuries as a result of the negligent actions of other drivers. These individuals need help recovering compensation.
Medical mistakes occur in a variety of ways, including misdiagnosis, surgical errors, medication errors, patient falls, and more. When a medical professional makes a mistake, they should be held accountable.
Motorcyclists are much more vulnerable to the forces of larger vehicles, but it is not uncommon for motorcyclists to struggle to recover the compensation they are entitled to.
Slip and fall incidents are considered premises liability claims, and property owners often push back against having to pay out fair compensation for these incidents. Unfortunately, slip and fall victims often sustain severe injuries.
Wrongful deaths present major challenges for surviving family members and the estates of the deceased individuals. It is crucial to have an attorney who can navigate the wrongful death laws of Kentucky to help families recover the closure and compensation they are entitled to.
This is certainly not a complete list of the types of injuries that occur in and around the Lexington, Kentucky, area. We encourage you to reach out to an attorney if you have any questions about your particular claim so we can help you determine the next steps moving forward.
Kentucky’s statute of limitations gives accident victims just one year from the date of the injury to file a personal injury claim. Many states give injury victims two years to file personal injury lawsuits, so it is important to remember the distinction for Kentucky. Our legal team can help you take swift action in filing a claim to make sure you meet the one-year deadline.
If you or a loved one have sustained serious injuries caused by someone else’s fault, contact a Lexington personal injury attorney at Gary C. Johnson, P.S.C. to schedule a free case evaluation. We are committed to our clients and we will fight to see that you receive fair compensation for the losses you and your loved ones have suffered as a result of someone else’s fault. Contact us online or call our Lexington office today at (859) 268-4300 for friendly legal services in the Fayette County area. Get the experienced legal representation you deserve.
“After my horrible accident, this office was there for me. They helped me and answered all of my questions the entire time. I am very pleased with the settlement they helped me receive. I would recommend this office to everyone. Thank you so much, Angela Owens!” – Peggy R.