What Makes A Personal Injury Claim In Kentucky?
When you suffer an injury because of another party’s actions, it is referred to as a “personal injury.” If you suffer a personal injury, you may be eligible to bring forward a personal injury claim. Several situations can bring rise to a personal injury, thus, a personal injury claim. Some of the most common situations include;
- Vehicle accidents
- Slip and fall accidents
- Workplace accidents
- Product defect accidents
- Nursing home abuse
- Medical malpractice
Grounds for Filing a Personal Injury Claim in Kentucky
Generally, there are three grounds on which personal injury claims can be brought;
- Strict liability
- Intentional wrongs
Negligence is the most common basis for personal injury claims. When a person or entity acts negligently and causes harm to you, you have a legal right to receive compensation from them or their insurance company.
The primary purpose of filing a personal injury claim is so you can be compensated for your injuries and damages. Usually, compensation comes in monetary form, and the amount of compensation a plaintiff receives depends on their case’s specifics. However, you need to work with a skilled personal injury attorney if you want to obtain fair compensation.
Elements Required To Establish Negligence
Usually, five elements are required to establish a case of negligence.
- Duty of care: First, it needs to be shown that the defendant owed the plaintiff a duty of care.
- Breach of duty of care: Secondly, it needs to be shown that the defendant failed to meet that duty.
- Cause in fact: Thirdly, the plaintiff needs to prove that the defendant’s breach of duty caused their injuries. Under “cause in fact,” a plaintiff has to show that they would not have been injured if it wasn’t for the defendant.
- Proximate cause: Then, the plaintiff needs to show that the defendant could have taken steps to prevent the incident.
- Damages suffered: Lastly, the plaintiff must prove their injuries resulted in some loss.
Kentucky’s Comparative Fault Rules
When it comes to personal injury claims, Kentucky operates under a pure comparative negligence rule. Under this rule, a plaintiff can recover compensation in a personal injury claim even if they are partially at fault for their injuries. Even if you are more at fault for your injuries, you can still obtain compensation in a Kentucky personal injury claim because of the state’s pure comparative fault rule. However, it is crucial to note that if you are assigned a percentage of fault for your injuries, your compensation will be reduced by that percentage of fault. With this in mind, it is vital that if you believe you are partially to blame for your injuries, you do your best to keep your percentage of fault as low as possible.
It’s important to note that Kentucky’s comparative fault rules are not limited to auto accidents. Slip and fall and product liability cases are examples of cases where Kentucky’s pure comparative negligence law is applicable.
Contact a London Personal Injury Attorney
Before filing a personal injury claim in Kentucky, you should consult a qualified Kentucky personal injury attorney. A skilled personal injury attorney can gather evidence that can help you establish a case of negligence.
If you or a loved one has suffered a personal injury, call the Cessna & George Law Firm at 606-770-5400 to schedule a free consultation with a London personal injury attorney dedicated to helping clients get the compensation they deserve after being injured by the negligence of others.