Personal Injury Lawsuits in Lexington

Personal injury claims can arise in many situations, such as car accidents, slip and falls, or defective products. Most injury claims occur due to the at-fault party’s negligence. For instance, if a drunk driver causes a crash, the injured victim could claim compensation based on negligence. The same principle applies when you experience a slip and fall. Property owners could be responsible if they fail to remove a hazardous situation and you get hurt.

The physical pain and financial implications of a severe injury can derail your life. However, the law is generally on your side if someone else causes your injuries and losses. If you are wondering about your next best steps and whether you qualify for a personal injury claim, contact an attorney as soon as possible.

The time to file a lawsuit is severely limited in Kentucky. According to Kentucky Revised Statute § 413.140, you only have one year to file a personal injury lawsuit, and the time starts ticking on the day of your accident and injury. 

Some of the most common personal injury claims include car crashes, slip and falls, work accidents, defective products, and medical malpractice.

Car Accidents

The Lexington Police Department deals with no fewer than 6000 monthly traffic calls. Countless individuals are injured and killed each year on Kentucky’s roads. In many cases, collisions occur due to the recklessness or carelessness of other drivers, such as:

• Speeding
• Driving impaired by alcohol or drugs
• Driving distracted
• Ignoring traffic signs and signals
• Failing to yield
• Making illegal turns
• Changing lanes unsafely
• Driving generally aggressively or carelessly

If your car collision occurred due to another’s careless actions, you could pursue compensation from the at-fault driver’s insurance company. However, claims can be tricky when the fault for the accident is unclear or several vehicles are involved. Having a tenacious Lexington injury attorney by your side can be critical for proving your case and receiving adequate compensation.

Slip and Falls

Slip and falls can cause significant injuries, particularly in older adults. The Centers for Disease Control and Prevention (CDC) says that falls are the most common cause of injury fatalities in the over-65s. Moreover, falls can cause immense costs for victims who may have to undergo surgeries and other significant medical treatments.

However, if your fall happened due to a property owner’s negligence, you could be entitled to compensation.

What Constitutes Negligence in Slip and Falls?

Negligence can arise when property owners or lessees in Lexington neglect maintenance or fail to warn visitors of hazardous situations that could cause injuries. Examples of dangerous conditions can include:

• Loose mats
• Wet floors
• Inadequate lighting
• Missing handrails
• Broken steps
• Cracks in sidewalks and parking lots
• Uneven or broken flooring

Accidents in the Workplace

Most workers experiencing accidents and injuries in the workplace in Lexington are entitled to workers’ compensation benefits. Covered employees are generally unable to sue employers for negligence. That said, there are exceptions that can allow workers to file a personal injury lawsuit, such as:

• An employer or insurance company denied your valid workers’ comp claim
• The employer was grossly negligent or caused your injury deliberately
• You do not qualify for workers’ comp as an independent contractor
• Your employer did not have workers’ comp insurance
• You have a case against a third party, such as another contractor on site

If you are struggling to receive the benefits or compensation you deserve, our personal injury lawyers in Lexington could help you identify options for recovering damages.

Defective Products

Manufacturers must ensure that consumer products are reasonably safe. If you or a loved one suffered an injury due to a dangerous or faulty product, you could be entitled to damages from a manufacturer or other responsible parties. Examples of defective products include:

• Vehicles
• Electrical appliances
• Medical devices
• Medications
• Children’s toys
• Foods

Medical Malpractice

According to Johns Hopkins Medicine, medical malpractice is now the third-leading cause of death in the US, with over 250,000 Americans dying yearly from medical errors. Medical negligence can be devastating for patients and families, potentially causing lifelong disabilities and astronomical medical expenses. Examples of medical negligence include but are not limited to:

• Misdiagnosis or late diagnosis
• Surgical errors
• Avoidable infections
• Anesthesia mistakes
• Lack of aftercare
• Birth injuries
• Medication errors

If you or a loved one suffered injuries due to a medical professional’s negligence, we could help you get justice and compensation.

Other Common Personal Injury Claims in Lexington

Any time an injury is caused by another, whether deliberately or accidentally, you could have a claim. Other personal injury claims that arise in Lexington can include:

• Assaults and attacks
• Dog bites
• Boating and aviation accidents
• Nursing home abuse
• Slander and libel

Personal injuries can cause steep long-term healthcare costs, income losses, and other expenses. While damages vary from one claim to another, the person, business, or entity responsible for your injury should make you whole again. You could qualify for the following damages and others:

• Medical expenses now and in the future
• Lost wages and estimated future loss of earnings
• Property loss or damage
• Out-of-pocket costs in connection with the injury
• Physical pain and anguish
• Emotional trauma
• Scarring and disfigurement
• Disability
• Loss of life enjoyment

If a defendant acted particularly maliciously in causing your injury, you could receive punitive damages in addition to compensation.

In essence, a wrongful death claim is a personal injury case where the victim passed away due to their injuries. The plaintiffs (the persons bringing the suit) are generally close family members who have suffered losses due to the death of a loved one. If your relative died due to another’s negligence or willful actions in Lexington, you could recover damages such as:

• Loss of companionship
• Medical costs before death
• Loss of income and benefits from the decedent
• Funeral and burial expenses
• Pain and suffering before death

Losing a loved one is always hard. However, losing a close relative unexpectedly in an avoidable accident or incident can be particularly shocking and traumatic. Morgan & Morgan is here for you. Our compassionate personal injury lawyers in Lexington can identify your legal options and move forward with a claim on your behalf, leaving you free to focus on your loved ones during this challenging time.

Your actions at the accident scene and immediately after can make or break your case. The critical steps for protecting your legal rights include:

• Seek medical help for your injuries
• Take photos of the accident scene
• Ask eyewitnesses for contact details
• Follow your treatment plan
• Promptly contact a personal injury lawyer

Since the time for filing a personal injury claim in Kentucky is limited, prompt action can be critical for recovering compensation.

Kentucky is a pure comparative fault state, which means that victims can recover damages even if they are partly to blame for the accident or incident that caused their injury. However, the damages you can recover will typically be reduced by your degree of fault. For example, if you are deemed 20 percent at fault for an accident, you can only recover 80 percent of your losses.

Complex claims, such as those where the victim is partially responsible, can be challenging to win. The other side may try to assign more fault to you. In a trial, a jury or judge will determine your degree of responsibility. Therefore, working with an experienced attorney can be critical. A personal injury lawyer in Lexington can argue in your favor and ensure that you are fairly treated.

Our attorneys could advocate for you and protect your rights if you are hurt in Lexington. Receiving fair compensation can be tricky, particularly if your claim is complex or you have some fault for an accident. Insurers typically have their best interests at heart and not yours. They may try to push you into a lowball settlement offer or use manipulative tactics to minimize or deny your claim. Our injury attorneys can help you in several ways, including:

Collecting and Organizing Evidence to Prove Your Case

Gathering time-sensitive evidence can be critical for proving your claim. Our lawyers can collect evidence proving your claim and damages, such as:

• Witness statements
• Photographs of the accident scene
• Police reports
• Medical reports
• Surveillance camera footage
• Expert witness testimony

Identifying All Responsible Parties in Your Claim

Not all personal injury claims are straightforward, and you could hold several liable parties in a lawsuit. For example, in a car accident, you could have a case against:

• The at-fault driver
• A car manufacturer
• The employer of the responsible driver
• A local government agency if the road was in disrepair

Determining all at-fault parties can be crucial for recovering adequate compensation. A seasoned personal injury attorney can analyze your accident from all angles and determine the liable parties.

Fighting Tirelessly for Maximum Compensation

Whether your claim is resolved in or out of court, having a determined lawyer by your side can help to maximize your recovery. Your attorney can negotiate strongly for a fair out-of-court settlement with an insurer or at-fault party. However, if the other side refuses to cooperate, we can take them to court, where we will present your case in the strongest possible form. Morgan & Morgan never settles for less. We fight tirelessly for the settlements injured victims deserve.

Once your claim is resolved, you can expect to wait up to a month for your settlement check. However, if you have not received your money after some time, it could be due to one or several of the following issues:

• You signed the release form incorrectly or not at all  
• The insurance company has lost your check
• The claim involves a minor or an estate
• Your attorney is still negotiating with your health insurer and other lien holders

If you have not received a check after a few weeks have passed, talk to your attorney to determine why your settlement is delayed. If you represent yourself, call the insurance company responsible for issuing your check to find out why there is a delay.

You should never settle for less than you deserve. Morgan & Morgan has helped injured victims for decades receive the maximum possible compensation for their injuries and expenses. While we cannot turn back the time, recovering damages can enable you to pay your injury-related bills and move on with your life.

Our clients are like family to us, and we can provide you with the personal time and attention you deserve. You can trust our personal injury lawyers in Lexington to fight hard for you. You don’t pay us anything unless and until we recover compensation for you. Get started now with a free case evaluation to determine your next best steps.