Falling victim to injury as the result of an accident can be devastating, and knowing what to do after an accident can be confusing. You may feel intimidated or cynical about the legal system, and the defendant may even harass you in an attempt to scare you away or get you to settle for less than your case is worth. But, remember, the law is there to make sure injured victims are appropriately compensated for all of their losses. At Rosenbaum & Thompson, we help people obtain monetary recoveries for their medical expenses, lost income, pain and suffering, and other damages suffered as the result of a personal injury caused by the negligence of another. We help people injured in a variety of accidents and injuries, including Lexington car accidents, slip and fall/premises liability, and medical negligence.
Car Accidents – Understanding Kentucky No-Fault Insurance
The Commonwealth of Kentucky has a no-fault insurance scheme in place for car accidents. If you are injured in a car accident in Kentucky, your Personal Injury Protection (PIP) no-fault insurance can help pay for your medical expenses, lost wages and other out-of-pocket costs, up to $10,000. You do not need to prove the other driver’s fault to collect PIP coverage. If the accident was the other driver’s fault, however, and your expenses exceed $10,000, you may be able to sue the at-fault driver for the full amount of your legal damages. A civil lawsuit for damages is limited to the following instances:
- Medical expenses exceed $1,000
- Certain types of fractures
- Permanent disfigurement
- Permanent injury
- Permanent loss of a body function
- You had previously rejected no-fault insurance
Proving the other driver’s fault and the extent of your injury/damages in the face of an aggressive, well-funded defense by the insurance company can be daunting. The attorneys at Rosenbaum & Thompson provide the knowledgeable and effective advocacy you need to succeed in a car accident lawsuit.
Kentucky tort law for slip and fall personal injury claims
When bringing a tort claim, an injured plaintiff must show that the defendant owed the plaintiff a legal duty, that the defendant breached that duty, that it was foreseeable that the plaintiff could be injured by the defendant’s breach of duty and the defendant’s breach did actually cause the plaintiff’s injury, and that the plaintiff suffered damages as a result.
In determining whether a defendant owed the plaintiff a duty, the court will look at the status of the defendant and its relationship with the plaintiff. For example, a hotel owes a legal duty to protect the safety of the guests of the hotel. A storeowner owes a duty to keep the aisles of its store safe and prevent accidents from slippery floors or dangerous machinery.
Once a duty is established, the plaintiff must show that the duty was breached and this caused injury to the plaintiff. Proving these two elements can require a strong presentation of evidence, and can include a reconstruction of the accident scene, testimony from eyewitnesses, and expert witnesses in some cases. Kentucky provides for comparative fault in slip and fall injury claims and your attorney must be prepared to ensure that you are also adequately defended against allegations that you were at fault.
The plaintiff must also show that he suffered damages, and setting forth a case for why a plaintiff should recover all of his past and future medical costs over the course of a lifetime, all lost income over the course of a lifetime, and pain and suffering over the same period can be quite difficult and will often require the input of medical and financial experts who can help make a compelling case to the judge and jury for the plaintiff’s full range of damages.
How an experienced injury attorney can help
You do not need a lawyer to bring a tort claim for personal injury, but an experienced personal injury attorney will know how to bring a strong case proving the defendant’s breach, duty, causation, and, most importantly, will have the know-how and experience to argue for the maximum amount of damages in the form of all past and future medical expenses, lost income, pain and suffering, and other damages. A defendant will often try to defeat a plaintiff’s claim by showing that the plaintiff was partially or completely at fault in causing the accident, but an experienced personal injury lawyer will vigorously defend such attacks in order to get you your maximum recovery.
Call Today to Discuss Your Claim with an Experienced Personal Injury Attorney
At Rosenbaum & Thompson, we only charge a legal fee if you recover for your injuries*. You have nothing to lose by getting in touch with one of your attorneys today to discuss whether you have a potential legal claim. Call us in Lexington, Kentucky at 859-259-1321 to discuss your personal injury claim.
* COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.