If you have suffered an injury that was clearly not your fault, it should be easy to obtain the compensation you deserve for your injuries and other related losses. Unfortunately, however, that is rarely the case.
The at-fault party’s insurance company will do whatever they can to pay you less than what you deserve or nothing at all. And sadly, even your own insurance company will often look to limit or deny you compensation you are rightfully entitled to receive.
If you or a loved one were injured in an accident that was not your fault, Sam Aguiar Injury Lawyers can help you file a personal injury claim to recover the compensation you need and deserve. Our Louisville personal injury lawyers represent clients across Kentucky, Indiana, and Tennessee in a wide range of personal injury cases. Contact us to schedule a free case evaluation.
Is it the Insurance Company That You Are Up Against?
You may be wondering if hiring a lawyer is necessary after suffering an injury due to someone else’s negligence. In many cases, the answer to this question is yes.
An experienced personal injury lawyer can help you identify and prove who was at fault for the accident and ensure that you are treated fairly by the at-fault party’s insurance company.
While not every accident warrants hiring an attorney, if you feel like the liable insurance company is trying to short-change you, a Louisville personal injury lawyer can help ensure that you are compensated fairly.
What You Must Prove in a Louisville Personal Injury Claim
While it may seem like you have an open and shut case, personal injury claims are rarely that simple. Under Kentucky law, you must prove the following four elements for your claim to be successful:
- Duty of care: The defendant owed you a duty of care. People generally have a responsibility to behave in a way that does not endanger the health, safety, and wellbeing of others. For instance, a driver has a duty to obey traffic laws and to operate their vehicle safely, so that they do not cause harm to others on the road.
- Breach of duty: The defendant breached the duty of care they owed to you. For example, if a driver ran a stop sign and hit you as you were lawfully passing through an intersection, they will have breached their duty of care to drive safely and avoid causing you harm.
- Causation: The defendant’s breach of duty was the actual cause of your injuries. In other words, but for the defendant’s breach of duty, you would not have been injured. You must also prove that the defendant’s breach was the ‘proximate’ or primary cause of your injuries.
- Damages: The defendant’s breach caused you to suffer actual damages in the form of bodily injury, emotional distress, property damage, or financial loss. It is not enough that the defendant breach their duty of care to you, you must also have suffered damages.
The facts can become twisted easily in a personal injury claim, and it can be difficult to prove each of the essential elements listed above. But, by working with our skilled personal injury lawyers, Louisville injury victims have a better chance to recover the compensation they deserve.
Common Types of Personal Injury Cases We Handle
Our legal team fights aggressively on behalf of people in Kentucky, Indiana, and Tennessee who have been injured because of other people’s negligence or wrongdoing. We handle many different types of personal injury cases, including:
- Wrongful death
- Car accidents
- Truck accidents
- Insurance bad faith
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Dog bites
- Workers’ compensation
- Construction site accidents
The period immediately after being seriously injured or losing a loved one due to someone else’s wrongdoing can be traumatic, frustrating, and confusing. Our personal injury attorneys will offer all the support you need to hold the at-fault party accountable for your pain and losses.
Types of Damages You Could Recover in Your Louisville Personal Injury Claim
The primary goal of filing a personal injury claim is to recover full compensation for all your injuries and losses. This compensation is referred to as damages and may include the following:
- Medical expenses: Medical expenses usually make up the largest component of a personal injury claim. Victims can recover compensation for both current and future medical costs. Our lawyers may partner with experts to accurately approximate what your future medical expenses could be.
- Lost wages: Most often, accident victims suffer serious injuries that prevent them from returning to work. This could be for days, weeks, months, or even permanently. You are entitled to seek compensation for past and future lost wages and income.
- Pain and suffering: Your personal injury claims should factor in all losses you suffered, including the physical pain and suffering you undergo because of your injuries.
- Diminished earning capacity: After recovering from their injuries, an accident victim may go back to work. But they may not be able to do the same type of work or earn as much money as they did before their injuries. When this is the case, an accident victim has the right to demand compensation for their diminished earning capacity.
- Emotional distress: Besides the pain and suffering, accident victims often experience emotional distress. For example, after being mauled by a dog, an individual may suffer from post-traumatic stress disorder (PTSD). If the accident victim can prove that their PTSD is a result of the dog attack, they may be able to seek compensation for this.
- Loss of consortium: This is meant to compensate an accident victim’s close family members for intangible losses, such as loss of the victim’s love, affection, support, and marital intimacy because of the victim’s injury or death.
These are just some of the most common damages accident victims can pursue in a personal injury claim. A knowledgeable personal injury lawyer in Louisville can let you know which damages may be available to you following an accident and help ensure you get all the compensation you deserve.
How Louisville Personal Injury Lawyers Can Help with Your Case
While you have the right to file a personal injury claim on your own, working with a personal injury attorney will bring experience and resources that can enable you to build a stronger case for compensation.
If you were injured in an accident, our Louisville personal injury lawyers will:
- Perform a thorough investigation of your claim
- Help you gather evidence to determine and prove fault
- Assist you with getting the medical treatment you need
- Gather your medical reports and invoices to prove your injuries
- Communicate with the liable insurance companies on your behalf
- Work tirelessly to negotiate the highest settlement possible for your claim
- File a lawsuit on your behalf before the applicable statute of limitations expires
- Try your case in court if necessary
While you are not legally required to hire a lawyer to represent you in your personal injury claim, it is recommended that you do so, since your health and future may depend on it. The right attorney will have experience going up against large insurance companies and will be ready to fight aggressively to maximize the compensation you receive.
Choose the Louisville Personal Injury Lawyers at Sam Aguiar Injury Lawyers to Help You! If you suffered an injury due to someone else’s negligence, hire a law firm that will fight for you like you are family. Sam Aguiar Personal Injury Lawyers wants to do the heavy work so you can heal. Our team of dedicated attorneys will work closely with you to evaluate the facts of your case and ensure that the liable insurance companies offer you fair compensation. We’re available 24/7. If you can’t come to us, we’ll come to you. Contact us today to schedule a free case evaluation.