According to the law, individuals and organizations have a legal obligation to behave in a reasonable manner meant to avoid placing others in harm’s way. When one party fails to uphold this duty, they can be held financially responsible for any injuries another party suffers as a result. Before pursuing compensation, it’s common for personal injury victims to have many inquiries regarding the claims process. Over the last three decades, Curt Davis Law Office PLLC has learned that the more educated their clients are, the more confidently they can navigate the legal system. These injury attorneys, serving the Pulaski, McCreary, and Wayne counties of Kentucky, address some frequently asked questions below to provide basic information about personal injury cases.

Personal Injury FAQ

How Do I Prove My Case?

In personal injury cases, it falls on the victim to prove they are eligible for compensation due to the negligence of another. This will require collecting sufficient evidence from the scene of the accident, gathering witness statements, and finding expert testimony that corroborates their injuries and version of events. Victims must show that the defendant owed them a duty of care and that the duty was breached, which led to their injuries.

How Much Is a Personal Injury Case Worth?

The amount of compensation a personal injury victim is entitled to will depend on the scope and extent of their injuries. All victims deserve to recover enough to allow them to return as close as possible to the condition they were in before becoming injured. It usually requires the help of an experienced injury attorney to calculate what a claim is worth.

What Types of Damages Can I Recover?

Recoverable damages will vary from case to case, but generally, victims are able to receive compensatory damages. These include current and future medical bills, lost income, diminished earning capacity, pain and suffering, emotional distress, and reduced quality of life. In cases where the actions of the defendant are deemed particularly malicious or grossly negligent, punitive damages may also be awarded.

Is There a Deadline for Filing a Claim?

Kentucky law imposes a statute of limitations on all personal injury cases. This means there is a certain length of time victims have to file a claim from the date their injury occurred. In most instances, the deadline is one year, but there are exceptions. Victims of a car accident have two years, and victims of a defective product or home construction incident have five years. 

If you have been injured because of someone else’s negligent actions, it’s important to understand your rights to personal injury law. After answering all your questions, the team at Curt Davis Law Office PLLC will conduct a thorough case review and advise you on your options. With their vast experience and knowledge in this area of law, they are equipped to represent even the most challenging claims. Contact them at (606) 378-2525, or visit their website to learn more about their personal injury practice area.