Lexington Personal Injury Lawyer

Whether you’ve been in a car accident, someone’s loose dog attacked you, or you’ve fallen at one of Lexington’s many restaurants, you want compensation for your injuries. A Lexington personal injury lawyer from Regard Law Group can help.

If you’ve been in an accident, whether auto, motorcycle, slip and fall, or something worse, give our team of personal injury attorneys a call at (859) 281-1318.

5 Things To Know About Personal Injury in Kentucky

If you’re planning to file a lawsuit for a car accident, dog bite, or surgery gone wrong, it’s smart to educate yourself on personal injury law in Kentucky. Here’s a brief primer on what you need to know.

1. Types of Personal Injury Cases We Help With

“Personal injury” is a broad umbrella that encompasses a wide variety of case types. They include:

• Car Accidents: Car crashes are sadly common in Lexington. In 2022, Fayette County had the second-highest number of collisions statewide. There were more than 11,600 collisions, 35 of which were fatal.
• Medical Malpractice: Examples of medical malpractice include diagnosing someone with the wrong disease, leaving surgical tools inside a patient’s body, birth injuries, and giving the wrong dosage of medication.
• Premises Liability Accidents: Under Kentucky’s premises liability laws, guests on a property have a right to pursue compensation if the property owner acted negligently. Examples of negligence include failing to clean spills, not replacing damaged flooring, and failing to put up “wet floor” signs where appropriate resulting in slip-and-fall accidents.
• Dog Bites: Kentucky is a strict liability state when it comes to dog bites. This means you can hold the dog owner liable even if their animal has never bitten someone before.
• Farming Accidents: Farming may seem idyllic, but it’s an incredibly dangerous industry. Workers can suffer injuries from equipment, long hours harvesting crops, aggressive livestock, and more.
• Nursing Home Abuse: Nursing homes should be sanctuaries for the elderly; however, many are anything but. You can hold a nursing home liable for the abuse and neglect of your loved one.

We also help personal injury victims with the following:

• Motorcycle Accidents
• Construction Accidents
• Truck Accidents
• Pedestrian Accidents
• DUI Accidents

2. Compensation Available for Your Injuries

It isn’t possible to say exactly how much your case is worth because all cases are different. Depending on your case, your damages might include:

• Medical Expenses: Medical expenses for a personal injury accident can total thousands of dollars and sometimes reach six or seven figures. These expenses might include ambulance transportation, hospital stays, surgery, physical therapy, medications, and more. You can seek compensation for any current and anticipated medical expenses.
• Lost Wages: What happens if your accident left you too injured to work, and now you’re out of a paycheck for months or longer? Your Lexington personal injury lawyer can help you seek compensation for all lost wages, as well as loss of earning potential.
• Property Damage: Property damage goes hand-in-hand with car accidents. If your car was totaled, it might cost tens of thousands to replace it. You can go after the at-fault driver for the cost of replacement.
• Pain and Suffering: Your attorney can calculate pain and suffering damages based on the value of economic damages and how long it will take you to recover from your injuries.
• Mental Distress: If you’ve developed anxiety, depression, or PTSD because of the accident, you can seek mental distress damages.

3. Kentucky’s Negligence Laws

What if you think you might be partially at fault for your injuries? You might breathe a little easier knowing that Kentucky follows “pure” comparative negligence rules. What this means is that you can recover damages as long as you aren’t completely at fault for the accident.

So, for example, if you’re 99% at fault for the accident, you can still recover 1% of your damages. If you’re 20% at fault, you may recover 80% of your damages.

4. The Statute of Limitations for Personal Injury Claims

The majority of states have a two-year statute of limitations on personal injury claims, but Kentucky allows you just one year to file a claim in the majority of cases. After the year is up, you can’t pursue compensation.

There is a two-year statute of limitations for car accidents; however, you may or may not be able to sue the at-fault driver, depending on what type of auto insurance you have.

5. Kentucky’s Choice No-Fault Auto Insurance Explained

Kentucky is a bit unique in that it has a “choice” no-fault auto insurance system. That means you can choose whether you want no-fault auto insurance or standard fault-based insurance.

If you’ve elected to stick with fault-based insurance, you’re free to sue the at-fault driver in an accident. No-fault insurance, on the other hand, pays for your expenses regardless of whose fault a car accident is. The downside is that you can’t sue the other driver unless your injuries are “sufficiently serious.”

If you meet the requirements to sue, you must file suit within two years of:

• The date of injury or wrongful death, or
• The last date that your auto insurance company paid you benefits

Are There Any Caps on Damages?

Unlike other states, Kentucky doesn’t typically cap damages for personal injury claims, including medical malpractice claims. However, there are caps if you’re pursuing compensation from the government.

If you are suing the government, you can’t recover more than:

• $250,000 for a single claim
• $400,000 for all claims stemming from one act of negligence

How Does a Personal Injury Claim Work in Fayette County?

Here’s what to expect throughout the personal injury lawsuit process:

1. Your lawyer will file a lawsuit, a copy of which will go to the defendant. The defendant can then either accept liability and offer you a settlement or reject the claim.
2. If the defendant’s insurance company doesn’t offer a fair settlement, your Lexington personal injury lawyer can negotiate for more. Negotiations will continue until you’re satisfied with the settlement amount.
3. If the insurer won’t settle or negotiate, you’ll have to pursue compensation in court. This doesn’t happen very often. Even so, it’s worth hiring an attorney with trial experience, such as our attorneys at Regard Law Group.

Hire a Lexington Personal Injury Lawyer Who Will Fight Aggressively for Your Rights

If you’re searching for a Lexington personal injury lawyer who will relentlessly seek fair compensation for your injuries, let your search end here. Our highly experienced firm provides affordable legal solutions personalized to your needs. For a free consultation, call Regard Law Group at (859) 281-1318 or contact us online.