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If you got hurt in an accident due to someone else’s recklessness or negligence, you could file a personal injury lawsuit. However, it’s essential to understand what is considered personal injury under Kentucky law before determining the correct course of action. Here are some key facts you should know if you plan to seek compensation for your injury in this state.

What Is Personal Injury?

Personal injury is an area of civil law wherein individuals who have been victims of social wrongs or accidents can file a claim against the negligent party. The claim aims to provide compensation to the plaintiff or victim to cover losses that resulted from another’s negligence. Some examples of losses or damages include medical bills, property damage, loss of earnings, emotional trauma, and pain and suffering. Common situations that justify filing a personal injury claim are the following:

  • Auto accidents

  • Wrongful death

  • Product liability

  • Premises liability

  • Medical malpractice, and

  • Nursing home abuse

Out of these events, auto accidents account for a significant number of lawsuits filed due to the frequency of car crash incidents. Damages can be calculated once liability has been determined, and plaintiffs should receive proper compensation soon after.

How Is Personal Injury Determined?

personal injury Somerset, KYTo make sure that you have a valid personal injury claim, you must familiarize yourself with Kentucky’s laws. The state’s legal code can affect the outcome of your case, especially concerning fault determination and deadlines. Generally, you are given one year from the date of your accident to file a lawsuit, or you risk getting your case dismissed by the court. When it comes to compensation, Kentucky follows a comparative fault rule, which means the amount of payment you receive will depend on your percentage of fault in the incident. For instance, if you are 75% liable for the event, you will be entitled to only 25% of the available compensation.

Why Should You Seek Legal Guidance When Filing a Claim?

Personal injury claims are not without their share of legal complexities and complications. An experienced personal injury attorney can guide you if you feel overwhelmed or confused by the process. They can ensure that you collect the necessary documents, such as medical records, to prove your case. You also won’t have to worry about filing deadlines because your legal representation will promptly investigate and build your case. Lastly, having a reliable lawyer on your side helps increase your chances of receiving the maximum amount of compensation.

 

Recovery is more difficult when you have to take on legal issues after an accident. If you want high-quality legal advice and expert representation, reach out to Curt Davis Law Office PLLC in Somerset, KY. This reputable law firm will fight for your rights to get the compensation you deserve when it comes to personal injury cases, car accident claims, and workers’ compensation. Call them today at (606) 678-2525 to schedule a free initial consultation, or visit their website to send them a message online.

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