Accidents are an unfortunate fact of life. Most of the time they are unexpected, leaving victims with sometimes serious injuries, as well as financial difficulties and emotional distress. If you've been injured in Kentucky, you may wonder whether you have grounds for a personal injury claim. Determining whether you have a case depends on several factors, including the extent of your injuries, who was at fault, and the laws governing personal injury in Kentucky.
Personal injury claims are designed to help victims recover compensation for medical expenses, lost income, and pain and suffering. However, Kentucky has specific laws that affect how and when you can pursue a claim. Understanding these laws is important before moving forward with a case. This article discusses important Kentucky personal injury laws you should know, the types of cases that qualify, and the steps you should take if you've been injured.
It’s important to speak with a KY personal injury lawyer after being injured in an accident. The lawyers at Brandon J. Broderick, Attorney at Law can go over the details of your case and give you sound legal guidance.
Kentucky’s Personal Injury Laws: What You Need to Know
No-Fault Insurance System
Kentucky operates under a no-fault insurance system for car accidents, meaning that if you are injured in a motor vehicle crash, you must first seek compensation through your Personal Injury Protection (PIP) coverage before pursuing a claim against another driver. Under Kentucky Revised Statutes (KRS) 304.39, PIP benefits cover medical expenses and lost wages up to a certain limit, regardless of who caused the accident.
However, if your injuries are severe, Kentucky law allows you to file a lawsuit against the at-fault driver. To step outside the no-fault system, your medical expenses must exceed $1,000, or you must have sustained a broken bone, permanent disfigurement, or a long-term disability.
Comparative Negligence in Kentucky
If another party's negligence caused your injury, you may be able to file a personal injury lawsuit. Kentucky follows a pure comparative negligence rule, which means that even if you were partially responsible for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your level of fault.
For example, if you were found 20% at fault for an accident and your damages totaled $100,000, you would receive $80,000 after the reduction. Unlike some states that prevent plaintiffs from recovering damages if they are more than 50% at fault, Kentucky allows recovery even if you are 99% responsible, though your compensation would be significantly reduced.
Statute of Limitations for Filing a Claim
Kentucky law imposes strict deadlines for filing personal injury lawsuits. The statute of limitations for most personal injury cases is one year from the date of the injury (KRS 413.140). However, for car accident-related claims, the deadline is two years from the date of the crash or the last PIP payment (KRS 304.39-230).
Failing to file within these time limits could mean losing your right to pursue compensation, so it's important to act quickly if you think you have a case.
Common Types of Personal Injury Cases in Kentucky
Car Accidents
Because Kentucky has a no-fault insurance system, most minor car accidents are handled through PIP coverage. However, if your injuries are serious, you may be able to file a lawsuit against the at-fault driver for additional compensation beyond what PIP provides.
Slip and Fall Accidents
Property owners in Kentucky have a legal duty to keep their premises safe. If you were injured due to hazardous conditions on someone else's property, you may have a premises liability claim. To win a slip and fall case in Kentucky, you must prove that the property owner knew or should have known about the dangerous condition and failed to take action.
Workplace Injuries
If you are injured while working, you are generally eligible for workers’ compensation benefits, which cover medical expenses and lost wages. However, if a third party, such as a contractor or equipment manufacturer, contributed to your injury, you may be able to file a third-party liability claim in addition to your workers' compensation benefits.
Medical Malpractice
Healthcare professionals must provide a standard level of care. If a doctor, nurse, or hospital fails to meet this standard and causes harm, you may have a medical malpractice claim. Kentucky law requires plaintiffs to provide expert testimony proving that medical negligence occurred.
Dog Bites
Kentucky follows a strict liability rule for dog bite cases under KRS 258.235. This means that a dog owner is responsible for injuries their dog causes, regardless of whether the dog had shown previous signs of aggression.
Steps to Take If You Have a Personal Injury Case
If you've been injured due to someone else’s negligence, taking the right steps can improve your chances of receiving fair compensation:
- Seek Medical Attention – Your health should always be the priority. Additionally, medical records provide important documentation for your claim.
- Report the Incident – Whether it’s a car accident, workplace injury, or slip and fall, make sure the incident is reported to the appropriate authorities.
- Gather Evidence – Take photos of the scene, obtain witness statements, and keep detailed records of expenses related to your injury.
- Be Cautious with Insurance Companies – Avoid giving recorded statements or accepting quick settlement offers without consulting an attorney.
- Consult a Personal Injury Attorney – An experienced lawyer can evaluate your case, negotiate with insurance companies, and help you file a lawsuit if necessary.
Call Brandon J. Broderick for Legal Help
Navigating Kentucky personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.