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Lexington Personal Injury Lawyer

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 personal injury consultation and learn your legal rights.

“Thank you Mike and Julie for helping me during a complicated time. Wonderful people. Would highly recommend the Lexington team of Gary C Johnson Law Office.”
-Jondra Tackett

Lexington Personal Injury. Resources

Why Choose Our Lexington Personal Injury Lawyer?

  • Our Kentucky attorneys care about their clients and their goal is to help clients recover for their physical, emotional, and financial injuries and damages. While we pursue your financial claim with responsible negligent parties and their insurance companies, we 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 Kentucky personal injury lawyers have over 40 years of legal experience in representing clients who have been seriously injured and every single claim is personal for our attorneys. We 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 office takes 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 Steps In A Lexington Personal Injury Case?

Personal injury lawyer in Lexington

While each case is different, the following are the general steps involved in an 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 allows 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 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.

Types of Damages That Can Be Recovered After A Personal Injury In Lexington

Lexington personal injury attorney

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:

  • 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 expenses 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.
  • Property damage: In car crash cases, for example, the damaged vehicle will need to be repaired. Any property of yours that is damaged in an accident or act of negligence can be recovered financially. Speak to a Lexington accident attorney to learn more.
  • 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?

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:

  • 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 the certainty of the outcome to the plaintiff. If you were injured by an unsafe product, please reach out to a product liability attorney in Lexington today.

Common Types Of Personal Injury Claims in Lexington, KY

Personal injury attorney in Lexington

Our skilled Lexington personal injury attorneys are skilled in handling a broad range of Kentucky injury claims. Injury cases that we frequently manage include:

Will My Personal Injury Case Go To Trial?

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.

Can I File A Personal Injury Claim Without A Lawyer?

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.

How Much Is My Personal Injury Case Worth?

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:

  • The severity of the injuries
  • How long it takes a person to recover
  • Whether or not there are any disabilities
  • How long a person is unable to work
  • Whether or not there was any shared fault for the incident
  • The total property damage expenses
  • How much pain and suffering is documented and displayed to a jury

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.

What If I Was Partially At Fault?

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.

What is the Deadline for Filing a Personal Injury Lawsuit in Lexington?

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.

Contact Our Lexington Personal Injury Lawyers for Legal Advice Today

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.