Proving Liability and Damages
Personal injury, or tort law, allows injured individuals to seek compensation when their injuries result from someone else’s negligence or intentional actions.
In Kentucky, these laws provide a framework for victims to recover damages for medical expenses, lost wages, pain and suffering, and other losses.
Injuries caused by another person’s actions can leave the victim with medical bills, financial challenges due to lost wages, and periods of pain and suffering.
If the injuries occurred due to negligence or intentional acts, the injured party is eligible for compensation.
The Two Pillars of Personal Injury Claims in Kentucky
For a personal injury claim to succeed in Kentucky, two essential elements must be established:
A successful claim has two parts: liability and damages. The liability part establishes the party at fault, while the damages identify actual bodily harm.
1. Establishing Liability
Liability refers to determining who is legally responsible for causing your injuries. In Kentucky, establishing liability typically requires proving:
The defendant owed you a duty of care
The defendant breached that duty through negligence or intentional action
This breach directly caused your injuries
You suffered actual damages as a result
Pure Comparative Negligence in Kentucky
Kentucky follows a “pure comparative negligence” law system, which affects how liability is determined.
If you and the opposite party in the accident are partially responsible for causing the accident, the fault will be distributed between you both in percentages.
Under this system, you can still recover damages even if you are partially at fault for your injuries.
However, your compensation will be reduced by your percentage of fault.
Unlike other comparative negligence laws, this pure system will enable you to recover damages even if you are found to be 99% at fault.
For example, if you have $100,000 in damages but are found to be 20% at fault, your recovery would be reduced to $80,000.
2. Proving Damages
After establishing liability, you must demonstrate the extent of your damages. In Kentucky, damages in personal injury cases fall into several categories:
Economic Damages
These are quantifiable financial losses, including: Medical expenses (past and future), lost wages and diminished earning capacity, property damage, and rehabilitation costs.
Non-Economic Damages
These damages compensate for subjective, non-monetary losses: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impact on marital relationship).
Punitive Damages
In cases of particularly egregious conduct, punitive damages may be awarded. Kentucky law (KRS 411.184) says ‘punitive damages’ include exemplary damages.
These are ‘damages awarded against a person to punish and to discourage him and others from similar conduct in the future.’
To recover punitive damages in Kentucky, the plaintiff must show “by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.”
Kentucky’s No-Fault Insurance System
Kentucky follows a “choice” no-fault auto insurance system for vehicle accidents, which affects how personal injury claims proceed:
When injured in a Kentucky car accident, you first look to your own “personal injury protection” (PIP) insurance to pay your out-of-pocket losses.
PIP covers at least some of your medical bills, lost wages, and amounts you spend for replacement household services.
However, PIP doesn’t cover non-economic damages such as pain and suffering.
To collect those damages, you must bring an insurance claim or a lawsuit against the driver who’s legally responsible for your injuries.
Common Types of Personal Injury Cases in Kentucky
Car Accidents
Contrary to what most people believe, car accidents can affect even the most careful drivers. A rogue or intoxicated driver may cause a head-on or rear-end collision.
While two or more drivers may sustain injuries from the accident, personal injury law requires the party at fault to compensate the plaintiff.
Truck Accidents
Accidents involving trucks with multiple axles cause devastating impacts due to the lighter weight of the automobiles.
Injuries can be more severe than those from accidents involving just cars.
Motorcycle Accidents
Like car collisions, motorcycle accidents are common in Louisville. However, even when the rider is innocent, stereotypes about motorcycle riders impact their claim for damages.
Insurance companies use stereotypes to lure plaintiffs in motorcycle accidents into accepting lower compensation.
Slip and Fall
A slip-and-fall accident occurs when an individual falls and gets injured on another person’s property.
Under premises liability law, property owners have a duty of care to their visitors.
The owner must ensure floors are even, stairs are safe, and dangerous conditions like standing water or ice are avoided.
Dog Bites
Kentucky applies strict liability for dog bite cases.
Kentucky adheres to a rule of “strict liability” for dog-bite injuries.
A dog owner is responsible for all injuries and damages their dog causes, regardless of whether the dog has attacked before or has known dangerous tendencies.
Wrongful Death
Accidents can also lead to wrongful death when the victims succumb to injuries.
While the compensations may not wipe the tears, they can help ease some financial burdens, such as medical bills left by the deceased.
Time Limits for Filing Personal Injury Claims in Kentucky
Kentucky has specific statutes of limitations (deadlines) for filing personal injury lawsuits:
Kentucky has a one-year statute of limitations for many types of personal injury cases, including dog bites and wrongful death actions.
The deadline for motor vehicle accidents is different: Kentucky’s Motor Vehicle Reparations Act provides a two-year filing deadline for car accidents, commercial truck crashes, and pedestrian accident cases.
Unlike the standard statute of limitations, which starts ticking from the date of the injury, motor vehicle accident cases follow a different rule.
The countdown begins either from the date of the injury or the date of the last personal injury protection (PIP) payment, whichever comes later.
When to Contact a Personal Injury Lawyer
As soon as possible, individuals injured by another person should contact an injury lawyer before any insurance conversations begin.
The injured persons should contact an injury lawyer regardless of whether the defendant acted intentionally or negligently.
An experienced personal injury lawyer can help gather evidence, establish liability, calculate the full extent of your damages, negotiate with insurance companies, and navigate Kentucky’s complex legal system.
Documenting Your Case
To strengthen your personal injury claim in Kentucky, take these critical steps:
Take photos of your injuries and any property damage.
Write down what happened while the memory is still fresh in your head.
Create a list of witnesses and their contact information.
Visit a doctor for treatment or a checkup as soon as possible.
Follow your doctor’s care plan and attend all follow-up appointments.
Be careful about what you say after an accident.
Conclusion
In Kentucky, damages are intended to make the injured party whole again or place the injured person in a position as if the injury had not occurred.
While no compensation can erase serious injuries, the legal system provides a path to recover financial losses and receive compensation for non-economic damages.
Understanding the nuances of proving liability and damages in Kentucky personal injury cases is crucial to receiving fair compensation.
Consulting with a qualified personal injury attorney who understands Kentucky law is the most effective way to protect your rights and pursue the compensation you deserve.
Don’t Face Your Personal Injury Case Alone
If you’ve been injured due to someone else’s negligence in Louisville or anywhere in Kentucky, call us today at 502-888-8888 for a free, no-obligation consultation.
Our experienced personal injury attorneys will evaluate your case, explain your legal options, and fight tirelessly to get you the maximum compensation you deserve.
We handle all personal injury cases on a contingency fee, meaning you pay nothing unless we win your case. Your road to recovery starts with one call.
