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 personal injury victims do not receive the 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 injury victims and their families, especially when injuries are serious. An experienced Lexington personal injury attorney at our law firm can help make the recovery process easier. Contact our law office today to schedule a free consultation to discuss your case.
Why Choose Our Lexington Personal Injury Lawyers?
- Our attorneys care about their clients and their goal is to help clients recover for their physical, emotional, and financial injuries and damages. While they pursue your financial claim with responsible parties and their insurance companies, they will also make sure that your immediate needs are being met. This may involve helping you with necessary medical care, injury accommodations, and transportation.
- Our exceptional personal injury team has over 40 years of experience in representing clients who have been seriously injured and every single claim is personal for our attorneys. They will maintain communication with you at all times during your legal process and work with you to address all of your questions and concerns.
- Our law firm takes personal injury cases on a contingency fee basis so that you can focus on your physical recovery without having to worry about paying attorneys’ fees. We know money can be tight when it comes to unexpected medical bills and lost wages. Our attorneys will advance all costs and fees related to your case to help further ease your financial burdens.
What Are the Common Steps of a Personal Injury Case?
While each case is different, the following are the general steps involved in a personal injury case:
- Consultation with an attorney after the accident
- Investigation of the evidence in the case
- Requesting a settlement through a “demand letter”
- Filing a personal injury lawsuit
- The discovery phase allowing both sides to examine each other’s evidence
- Mediation between the two parties to attempt to reach a settlement
- Trial if a fair settlement cannot be reached
Our 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. Insurance companies often try to settle claims quickly for an amount that is only a fraction of what your claim is actually worth. Our personal injury attorneys will help to place a value on your claim that compensates you for all of your injuries and damages. They will pursue that value in all settlement negotiations and at trial if necessary.
Types of Damages That Can Be Recovered After An Injury
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 a personal 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:
- Medical treatment: This is included in nearly all personal injury cases and is meant to reimburse the injured plaintiff for the treatment they have already received and for the estimated cost of any future medical care that their injuries will require.
- Income and benefits: If a victim misses work due to their injuries, they could be entitled to compensation for lost wages. They could also receive coverage for future income or future loss of earning capacity if their injuries prevent them from working at the same capacity as they could before the accident.
- Pain and suffering: This is not as easily quantifiable, but victims can still receive compensation for both physical and mental pain and suffering caused by their injuries. This includes immediate pain and suffering right after the accident, as well as expected future pain and suffering.
- Emotional distress: This is usually associated with serious accidents. Emotional distress damages are meant to compensate an injured plaintiff for the psychological impact of the injury.
- Loss of enjoyment: Many injured plaintiffs are not able to enjoy the same activities after an accident that they could before the accident. This includes hobbies, exercise, and other recreational activities.
- Loss of consortium: These damages refer to the impact the plaintiff’s injuries have on their ability to maintain a relationship with their spouse. For example, an injury could negatively impact their sex life. Some states require a separate lawsuit to be filed in order to recover these damages.
- Punitive damages: In some cases, when the defendant’s conduct is deemed grossly negligent or egregious, a plaintiff may be awarded punitive damages. These are meant to punish the defendant for their actions.
How is Liability Proven in a Lexington Personal Injury Case?
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:
- Owed the plaintiff a duty of care
- Breached the duty of care they owed to the plaintiff
- Caused the plaintiff’s injuries due to their breach of duty
- Caused actual (usually monetary) damages to the plaintiff
Proving fault may also involve showing that the defendant’s actions were intentional and done with a designed purpose or with certainty of the outcome to the plaintiff.
Common Types Of Personal Injury Claims in Lexington, KY
Our attorneys are experienced and skilled in handling all types of personal injury claims. Injury cases that we frequently manage include:
What is the Deadline for Filing a Personal Injury Lawsuit in Kentucky?
Kentucky’s statute of limitations gives victims just one year from the date of the injury to file a personal injury claim. Many states give injury victims two years, so it is important to remember the distinction for Kentucky. Our law firm can help you take swift action in filing a claim to make sure you meet the one year deadline.
Contact a Lexington Personal Injury Lawyer
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 consultation. We are committed to our clients and we will fight to see that you are compensated for the losses you and your family have suffered as a result of someone else’s fault. Contact us online or call our Lexington office location at (859) 268-4300.