Personal Injury Law in Kentucky
In Kentucky, personal injury law requires proof that the defendant was at fault due to their own recklessness. There must be proof that the incident caused the suing party losses, whether monetary or non-monetary, in order to seek a personal injury trial.
Kentucky operates under a pure comparative negligence law. Under this law any person that is partially responsible for an incident is entitled to compensation. However, the amount of compensation received must be lowered by the percentage of responsibility. For example if the suing party was 95 percent at fault, they are only entitled to 5 percent of the compensation they could’ve received. When multiple people took part in your losses they must all share the compensation due based on their percentages of responsibility.
Strict liability law is in effect in cases of a consumer product personal injury in Kentucky. In order to be successful in a personal injury lawsuit in these kinds of cases in Kentucky, there must be proof that the product was flawed, directly resulting in the harm of the consumer. To have a successful result in a personal injury lawsuit over a flawed consumer product, the plaintiff must also prove that they were correctly using the product.
If the suing party is successful, they are entitled to a number of things, these include: all medical bills, all wages lost, any monetary or non-monetary loss directly relating to the incident, personal injuries, and personal property damage.
In the case of medical malpractice, consulting a medical expert is the best way to go. A medical expert in the field of the incident can help you figure out exactly what went wrong and how to handle the situation.
The statute of limitations in Kentucky for personal injury cases is one year, meaning that if there is no lawsuit filed within the first year after the incident then there cannot be a lawsuit. Consult a qualified Kentucky Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in Kentucky: