Owensboro Personal Injury Attorneys
Filing a Personal Injury Lawsuit in Daviess County
A sudden accident or unexpected injury can leave you facing significant hardships, from massive medical bills to weeks or even months out of work. Navigating these challenges is often incredibly painful, stressful, and costly; healing and getting back on your feet can seem like an insurmountable task.
Here at Kentucky Injury Law Center, we understand just how difficult it is to move forward after a serious injury, but the good news is you could be entitled to financial compensation. If your injuries were caused by someone else’s negligent or reckless actions, Kentucky personal injury law allows you to file a claim with the insurance company or even bring a lawsuit against the at-fault party.
When you are already dealing with the aftermath of the accident, you shouldn’t have to also worry about navigating the legal process. That’s where we come in. Our personal injury attorneys in Owensboro can handle every detail of your case, from the initial investigation to settlement negotiations, so that you can focus on what matters most: healing.
On This Page:
- When to File a Personal Injury Claim
- Damages That Can Be Recovered
- Time Limit for Filing a Personal Injury Claim
- How An Attorney Can Help
When Should You File a Personal Injury Claim?
Knowing when to file a personal injury claim can be difficult. How do you know if you have a case? What if the accident happened several months ago? What if it’s been more than a year?
First and foremost, you should know that you have a limited amount of time to file a personal injury lawsuit in Kentucky. This deadline is known as the “statute of limitations,” and it is one year from the date of the accident or injury.
The Personal Injury Statute of Limitations in Kentucky
According to the Kentucky Revised Statutes section 413.140(1)(a) the statute of limitations in Kentucky is one year from the date the injury occurred. If you did not discover the injury right away, the one-year deadline typically does not begin until the date on which you realized you were injured.
If more than a year has passed, you may not be able to file a lawsuit. However, there are some exceptions. Reach out to a member of our team right away to learn more. Second, to determine if you have grounds for a personal injury claim, ask yourself the following:
- Were your injuries caused by another person or party’s carelessness, recklessness, or intentional actions or conduct?
- Did the other person or party have a responsibility to act reasonably and take certain measures to make sure you (or others) were not harmed?
- Would you have been injured if the other person or party had followed the law and/or acted reasonably and safely?
- Did you suffer measurable losses, such as medical expenses, lost income, or pain and suffering, because of your injuries?
Even if you believe you may have been partly at fault for the accident or event that caused your injury, you could still be able to file a personal injury claim. Kentucky follows what is known as a “pure comparative negligence rule,” which simply means that you can still file a claim and seek compensation for your injuries, even if you were partly to blame. However, you should know that if you were partly at fault, you won’t be able to recover as high a settlement or verdict than if you were not to blame at all.
What Damages Can Be Recovered?
“Damages” is a legal term that refers to any losses you experience due to the accident and/or your injuries. This includes both losses that have a set dollar value, as well as those that are more intangible in nature.
Some examples of common damages recovered in personal injury claims include:
- Ambulance and hospital fees
- Medical bills
- Medication and medical equipment costs
- Future medical expenses
- Lost income/wages from time off work
- Loss of earning ability due to injury, impairment, or disability
- Loss of future expected earnings
- Pain and suffering, including both physical pain and emotional suffering
- Miscellaneous expenses, such as in-home assistance/care, counseling services, etc.
Our personal injury lawyers in Owensboro can sit down with you to go over the specific details of your case. Every situation is unique, which is why we use a personalized, hands-on approach. Our team works hard to develop individualized legal strategies to fight for the maximum compensation you deserve.
What Is the Time Limit to File a Personal Injury Claim?
The time limit (also known as Kentucky's statute of limitations) allows for victims to file a personal injury claim for up to 1 year following the date of their injury. This is a relatively short timeframe compared to other states that sometimes allow claims to be filed up to 2-3 years after the incident occurred.
Because of this short statute of limitations, it's important that you speak with an injury lawyer immediately following your accident and determine whether or not you have grounds for a lawsuit. Don't wait!
How an Attorney from Kentucky Injury Law Center Can Help
After a serious accident or injury, you need someone on your side who knows the law and can help you file your personal injury claim. You want an attorney who will not only negotiate for a fair settlement, but also one who is willing to take your case to trial if the insurance company refuses to play fair.
At Kentucky Injury Law Center, we provide honest, straightforward legal representation for individuals and families who are going through some of the most challenging times in their lives. We help clients who have been injured in car and motorcycle accidents, large truck and commercial vehicle crashes, workplace accidents, and more. Our goal is to help you understand your rights and allow you to focus on getting the proper medical care while we handle the legal aspects of your case.
The road to recovery can be long and difficult, but with our Owensboro personal injury lawyers by your side, you can feel confident knowing that you have a team that will fight for you every step of the way. We offer free initial consultations and contingency fees, meaning you do not pay any out-of-pocket expenses or attorney fees unless/until we recover a settlement or verdict in your case.
“They are trustworthy and of the highest integrity. They never lied to me nor tried to mislead me about what they could or could not do.”
We Will Work Tirelessly on Your BehalfWe are hard-working trial lawyers fighting for hard-working Kentuckians, and we understand the importance of fighting to maximize your recovery.
We Will Always Keep You InformedThe legal process can be long and confusing. We will be sure to keep you and your loved ones informed about your case during every step.
We Learn Your Story, Not Just Your CaseIt is our mission to treat each of our clients as humans first and clients second. When you come to us, we don't treat you like a number, we treat you as a person.