fbpx
KENTUCKY TRIAL LAWYERS
For 25 years, we represented major insurance companies. Now we’re here for you.

What Factors Can Affect Your Lexington Personal Injury Claim?

Published on Feb 25, 2021 at 5:12 pm in Personal Injury.

Person signing document

When you’re deciding to file a personal injury claim, or you’ve already decided that you’re going to take legal action, there are some things to think about that could affect your case. Some factors could change whether or not you’re able to file or what you can receive in compensation. That’s why it’s important to have the help of a personal injury lawyer on your side when filing a claim.

At Golden Law Office, we guide you throughout the legal process so that you can feel confident in your claim. We’ll fully investigate who and what caused your injuries so that we can hold them accountable for their actions and the damages they caused.

Let’s take a look at some of the different factors that can affect your Lexington personal injury claim.

Statute of Limitations

One of the most important things to consider when filing a legal claim is the statute of limitations. If you are attempting to file a personal injury claim when you are not within the statute of limitations, then your case will be dismissed, and you won’t be able to recover any compensation for your losses.

In Kentucky, the statute of limitations for most claims brought on from accidents is one year. This means that you have one year from the date of the accident, or from the date that you discovered your injury, to file a personal injury claim against the party who was responsible for your accident. If you wait longer than a year, then you will not be able to make a legal claim against them.

Fault

Another factor that could affect your personal injury claim in Lexington is fault. Our state follows a pure comparative fault law, which means that if you are found to be partly at fault for the accident that caused your injury, you most likely can still recover damages from the party who was more at fault.

As long as you are less than half at fault for the accident, then you can still recover damages for the injuries you suffered. However, if you were deemed to be partially at fault for the accident because of negligence or any other reason, then your settlement will be reduced by the percentage that you were found to be at fault for.

Types of Damages

The types of damages that you’re seeking in your personal injury claim could also affect what happens with your case. If you’re looking to recover economic and noneconomic damages, then your case will be more straight-forward. Your attorney will use documents to show fault and calculate how much you’re owed. Medical bills, repair costs, lost wages, loss of earning capacity, pain and suffering, loss of consortium, and loss of enjoyment of life can all be factored into your settlement.

If you believe the party who caused your injury was grossly negligent, then you could be hoping to recover punitive damages from your personal injury claim. Punitive damages are awarded in Kentucky when the person who caused an accident was acting maliciously or was willfully negligent. These damages don’t have a cap in our state but require concrete proof of the gross negligence. This could complicate your case, but a lawyer will help you get the justice you deserve.

We Can Help You With Your Personal Injury Claim

When you’ve been injured by someone else’s negligence and want to take legal action, you could use the help of Golden Law Office. Our experienced attorneys in Lexington know how intimidating a personal injury claim can be, which is why we’re here to guide you through the process and ensure that you have peace of mind while fighting for your rights.

With the support of one of our personal injury lawyers, you can feel confident that you have the strongest case possible and that the other party will be held responsible for their actions. That way, you can focus on your physical and emotional healing and get back to your daily life. Reach out to us today so we can get started on your claim right away.

Latest Articles

News & Insights From Golden Law Office