Individuals who sustained injuries caused by the negligent or reckless actions of others deserve compensation. Unfortunately, recovering compensation in these situations can be challenging. At Gary C. Johnson, P.S.C., our team is standing by to help if you need a Louisville personal injury lawyer by your side. We understand the challenges associated with complex injury claims, and we have the resources needed to help you get through this.
Why Choose Gary C. Johnson, P.S.C.?
At Gary C. Johnson, P.S.C., our team has a long track record of success in handling complex injury claims throughout Kentucky.
- We firmly believe that injury victims should have the right to pursue compensation from those who caused them harm.
- We will never settle for less than you deserve, and our team has no problem taking your case all the way to trial if necessary.
- We have an extensive network of medical and economic professionals who can assist with adequately calculating your total losses and representing your case in court.
How Louisville Personal Injury Attorney Can Help
A personal injury attorney in Louisville can help not only with every aspect of your claim but also with your peace of mind as the process moves forward. Personal injury claims are challenging, but having a skilled attorney by your side frees you up to focus on your recovery. The role of your Louisville personal injury lawyer will include many of the following tasks:
- Conducting a thorough investigation into the incident
- Initiating communication with every party involved
- Ensuring you are evaluated by trusted medical and financial experts
- Handling complex negotiations with insurance carriers or legal teams
- Fully preparing your claim for trial
When you work with a personal injury lawyer in Louisville from our firm, you will always be the priority. Your attorney is your assistant, the person helping you to get back on your feet.
Proving Fault in a Louisville Personal Injury Case
Determining fault for a personal injury claim in Louisville involves examining four separate elements of negligence. Without these four different elements, recovering compensation is challenging, if not impossible.
- Duty of care. When determining liability, the first step is understanding whether or not the defendant (the person or entity who caused the injury) owed a duty of care to the plaintiff (the injury victim). The duty that a defendant owes a plaintiff will look different depending on the type of claim at hand. For example, if we are dealing with a car accident, we examine the duty of care that one driver owes to another. However, examining a slip and fall claim involves looking at the duty of care that a property owner or manager owes a guest.
- Breach of duty. Once your attorney establishes that there was a duty of care owed to the plaintiff by the defendant, the next step is establishing whether or not the defendant breached their duty of care. A breach of duty can occur in a variety of ways, and again, this must be examined based on the type of incident that occurred. For example, drivers can breach the duty they owe others in various ways, including operating while impaired or distracted or engaging in reckless driving behaviors. Property owners or operators can breach their duty of care by failing to alert guests to known hazards.
- Causation. After establishing that there was a breach of duty, it must be shown that the negligent actions of the defendant caused the plaintiff’s injuries.
- Damages. The final step is showing that the plaintiffs sustained losses as a result of the breach of duty and the subsequent injuries. This includes losses such as medical expenses, lost wages, and property damages costs.
Causes of Louisville Personal Injuries
Personal injury claims arise in a variety of ways in and around Louisville, Kentucky. The reality is that individuals can sustain injuries due to the negligent actions of others almost anywhere. At Gary C. Johnson, P.S.C., some of the most common causes of personal injuries we assist clients with include the following:
- Car accidents. Vehicle accidents are a leading cause of injuries in the Louisville area, often resulting in difficult negotiations with insurance carriers.
- Truck accidents. Accidents involving larger commercial trucks often involve multiple parties working to deny compensation to injury victims.
- Motorcycle accidents. Motorcyclists often sustain severe injuries as a result of the negligent actions of other drivers.
- Pedestrian or bicycle accidents. Pedestrians and bicyclists susceptible to severe injuries when an incident occurs and need help recovering compensation from negligent parties.
- Medical negligence. Medical errors often lead to significant injuries or illnesses for patients, and they need a route to recover compensation for their expenses.
- Defective products. Companies, manufacturers, distributors, and retailers could all hold liability for selling defective products to consumers.
- Workplace injuries. Workplace injury victims often struggle to recover compensation, particularly when third-party claims arise.
Most Common Injuries We Help Clients Get Through
Our team has a strong track record of success assisting clients who have sustained injuries due to the negligence of others. If you have a strong case, you deserve compensation, even if you think your injuries are not severe. Some of the most common injuries that lead to successful claims include:
- Traumatic brain injuries
- Concussions
- Spinal cord trauma
- Whiplash
- Soft tissue injuries
- Burn injuries
- Fractured or dislocated bones
- Internal bleeding
- Organ damage
- Significant scarring and disfigurement
In addition to acute traumatic injuries that our clients sustain, we also recognize their psychological and emotional trauma as well as any physical pain and suffering arising due to the injuries and the ongoing recovery process. Clients may have immense physical pain and suffering and symptoms of post-traumatic stress disorder (PTSD). Our goal is to recognize all visible and unseen injuries a person sustains and quantify this into compensable damages to present to the insurance company.
Compensation for a Louisville Personal Injury
At Gary C. Johnson, P.S.C., we want to help every client recover both economic and non-economic damages for the injuries they incur. Louisville personal injury victims deserve the compensation needed to move forward with their lives, and this includes recovering compensation to make them “whole,” or as close to whole as possible.
- Economic damages. Economic damages after a personal injury in Louisville revolve around calculable expenses an injury victim would likely incur. Our team can look at receipts or bills and speak with trusted medical and economic experts to help adequately calculate the following:
- Emergency medical expenses
- Ongoing medical costs
- Rehabilitation or physical therapy expenses
- The cost of medical devices, prescription meds, and in-home care
- Any household out-of-pocket expenses arising
- Property damage expenses
- Non-economic damages. After an injury occurs, non-economic damages include more immeasurable losses a victim will likely sustain. This includes compensation for unseen physical and emotional pain and suffering. Damages recoverable can include:
- Physical pain and suffering damages
- Emotional and psychological pain and suffering damages
- Loss of enjoyment of life damages
- Loss of consortium damages for a spouse or family member
How Much Compensation Is Available?
There are several factors that can influence the total amount of compensation a Louisville personal injury victim receives if their claim is successful. Some of the main factors include the overall severity of the injuries as well as whether any disability occurred as a result. The length of time it takes a person to recover will also play a role.
Some other factors that can influence compensation amounts include insurance policy limitations as well as the overall asset picture of the at-fault party. Shared fault can also affect how much compensation a person receives.
We encourage you to speak to your personal injury lawyer in Louisville about how much compensation to expect for your particular situation. An attorney may not be able to give you a definitive answer right away, but you can at least have an idea of what to expect as you move forward with your claim.
Can You Afford a Louisville Accident Lawyer?
Yes, you can afford an injury attorney in Louisville. At Gary C. Johnson, P.S.C., we handle injury claims on a contingency fee basis, which means clients pay no upfront or out-of-pocket costs for their case. We handle all of that. Clients will also pay no legal fees until after our Louisville personal injury lawyer successfully recover compensation for their losses. The final legal fee will be an agreed-upon portion of the settlement or jury verdict, but if we do not win, clients pay absolutely nothing.
Deadlines for Filing a Louisville Personal Injury Claim
The personal injury statute of limitations in Kentucky has a limited amount a time that an individual can file a claim. If an injury victim does not file a lawsuit within this period, they will almost certainly lose the right to recover compensation for their losses, at least through a civil lawsuit process.
There are some exceptions to the personal injury statute of limitations, and we encourage you to speak to your attorney about your particular filing deadlines. Keep in mind that insurance carriers also have internal reporting deadlines that can be vague, so we encourage you to start the claims process as soon as possible.
What to Do After a Louisville Personal Injury
After sustaining a personal injury in Louisville, there are several steps injury victims can take to help not only ensure their well-being but also that their claim has the best chance possible of success.
- Seeking Medical Care. The first and foremost step after any personal injury is to seek medical attention. This is crucial not only for the immediate treatment of any injuries but also for documenting the injuries sustained. Medical records will provide vital evidence in establishing the extent and impact of the injuries, which is essential for any future personal injury claim.
- Reporting the Incident. Reporting the incident to the appropriate authorities or responsible parties is a critical step. For instance, if it’s a car accident, it should be reported to the police. If it occurred on a business premise, the management should be informed. This formal reporting creates an official record of the event, which can be critical in establishing the facts of the case later on.
- Gathering Evidence. Collecting evidence at the scene of the accident can be invaluable. This includes taking photographs of the location, injuries, and any relevant objects or conditions, as well as collecting the names and contact information of witnesses. This evidence can provide a clear picture of what happened and help establish liability.
- Calling an Attorney. Consulting with a personal injury lawyer promptly can significantly impact the outcome of a claim. An experienced lawyer can offer crucial advice on how to navigate the legal process, help in dealing with insurance carriers, and ensure that your rights are protected throughout the process.
- Continuing Medical Treatment. Following through with all prescribed medical treatments and attending all follow-up appointments is essential. This not only aids in recovery but also provides ongoing documentation of the injury’s impact and your efforts to recover, which is important for any compensation claim.
- Staying Off of Social Media. It’s advisable to limit or avoid social media activity after a personal injury. Posts, pictures, or comments can be misconstrued and used against you in your personal injury claim. Even seemingly innocent posts can be taken out of context and impact the perception of your injuries and your claim.
Contact a Personal Injury Attorney in Louisville Today
If you or somebody you love has been injured due to the negligent actions of another individual or entity in Louisville, you deserve compensation. At Gary C. Johnson, P.S.C., our team can get involved with your case quickly. We will do everything in our power to help make sure you are treated fairly throughout this process. When you need a Louisville personal injury lawyer, you can reach out to a member of our team for a free personal injury consultation by completing our contact form or calling our office today.
