Kentucky Personal Injury Laws and the Significance of Evidence When Making a Claim

A personal injury claim is a dispute that arises when an individual suffers an injury as the result of another party’s negligence.

If you have sustained an injury as the result of a traffic accident, workplace accident, amusement park accident, sexual assault, or any other type of traumatic accident, contact the Lexington personal injury lawyer at [law-firm] today for the personalized attention your case deserves.

In the state of Kentucky, you may pursue damages against a liable party.

Kentucky Statute of Limitations for Filing a Personal Injury Claim

As stated in Ky. Rev. Stat. Ann. § 413.140, individuals have one year from the date of the accident to pursue legal action under Kentucky’s Statute of Limitations.

Any claim made after the one-year time limit will likely be dismissed by a civil court. Personal injury claims are extremely time sensitive in the state of Kentucky, therefore, if you or a loved one have suffered a serious personal injury, it is imperative that you act fast.

What You Should Know About Comparative Negligence Law

If the defendant claims – and is able to prove – that a plaintiff holds partial liability in the accident which caused the personal injury, then the plaintiff may have a portion of their compensation reduced by the percentage for which they are at fault.

For example, if the plaintiff suffered $100,000 in damages but were deemed 20 percent at fault, they could only recover $80,000 of those damages.

The Importance of Evidence in Personal Injury

The trustworthy and committed Lexington personal injury lawyers at [law-firm] understand how to help you recover fair compensation for your personal injury claim. One of the most important steps to developing a strong claim is securing evidence.

The more (official) evidence you are able to obtain, the higher the likelihood of procuring the recovery you need to begin the process of healing. Key pieces of evidence you will want to collect include:

  • Physical EvidenceDepending on your specific case, you may be able to obtain a number of tangible objects such as clothing, tools, vehicles, equipment, and the likes, which can prove to be vital pieces physical evidence.

 

  • Evidence from the Scene of the AccidentWhether you have suffered a slip-and-fall at work or a car accident, there is likely to be evidence that an incident took place. You may be able to photograph or record video of this type of evidence to help build your case.

 

  • Documentation Documentation is just as important as physical evidence and can include a number of forms and reports such as but not limited to:
    • Your personal written recollection of the events that led to the accident.
    • Police report (in car accidents).
    • Medical paperwork and reports.
    • Medical bills and treatment expenses.
    • Insurance forms.
    • Eye-witness statements.
  • Expert WitnessExpert witnesses are individuals who may not have been at the scene of the accident but who have special knowledge in a particular field relevant to your case. Expert witnesses can provide important pieces of evidence through facts and experience, providing testimony on your behalf.

 

  • Submit a Letter of Spoliation – In certain scenarios, such as a truck accident or workplace injury, the party responsible for your injury may have access to evidence. In an effort to keep the truth from coming out, they may attempt to get rid (i.e. destroy) the evidence to hurt your claim. Your lawyer can help you to put together a letter of spoliation which requires them to preserve certain evidence pending litigation.

Not only will collecting these forms of evidence help to strengthen your claim, but they can also be used as a defense against the negligent party and any insurance company that attempts to place blame on you.

It’s important to remember, however, that if you are partially responsible for the personal injury, your compensation will be reduced by the percentage of liability you hold. Quality evidence should be able to successfully limit your liability, however.

Consult the personal injury lawyers in Lexington at [law-firm] to secure your claim. Our law firm has been providing meaningful legal care for over a century and we have developed the most effective strategies to successfully obtain compensation for those who need it most.  

Kentucky has many complex laws and sets of rules pertaining to different types of personal injuries, so it is pertinent you work with a legal team who has the experience necessary to handle your unique case.

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Auto Accidents: Steps You Should Take After a Collision

As of 2010, there were 1.015 billion motor vehicles on the road, making it 10 times likelier for someone to end up in a car crash than in previous years. In fact, the National Highway Traffic Safety Administration found that in 2016 alone, there was an average of 102 auto accident related deaths per day. That’s about 37,461 deaths for the entire year.

To make matters worse, the number of car crash fatalities was higher than the total amount of motor vehicle crashes in 2016. Not only are you at more risk of an auto accident in the year 2019, but your fellow passengers are as well.

Auto accidents can be traumatic, especially because they can happen at any time, without warning. People can be seriously injured and find themselves saddled with extensive medical bills, vehicle repair o replacement costs, and other expenses. That’s why it’s important to learn the precautions you can take before an auto accident and know what steps you should take if you’re hurt in a crash.

What Should I Do After a Car Accident?

There are multiple, necessary steps to take after a car accident:

Check for Injuries and Get Medical Help if Necessary – Though this step is obviously a given, it’s still worth mentioning. After a collision, pull over immediately and render assistance to anyone who may be hurt. Be cautious, and don’t hesitate to contact emergency assistance before trying to move someone who seems badly hurt. If you need to head to the emergency room, do not worry about skipping the following steps; your health is most important.

Exchange Contact Information – If you’re involved in a car crash, it’s in your best interest to stay level-headed and simply exchange the necessary information, without becoming apologetic or argumentative. Drivers should ask each other for their full name and contact information, driver’s license and phone number, insurance company and policy number, and any other information you think your insurance might want. You might also want to record the exact location of the accident and the make, model, and color of the other driver’s vehicle. The more information you can collect about the accident (eye-witness accounts, police statements, pictures) the better off you will be. Be careful during this process that you do not apologize for the accident or make any kind of statement about your injuries, including saying you are “fine.”

Document the Accident – Acquiring the above information is only the first step in documenting the accident. Once the police arrive at the scene of the crash, you will want to write down their name and badge numbers so that you can identify them later if necessary. Afterward, you will also want to ask for a copy of the accident report for insurance purposes. Then, take pictures of anything and everything at the accident scene, including any injuries, vehicle damage, skid marks, road conditions, weather, and more. This step is essential, especially if you decide to pursue a lawsuit or file a claim later on.

Notify Your Insurance Provider – You may call your insurance agent while you are at the accident, or you may wait until you have received medical attention and contacted a lawyer. Most insurance policies require that you report an accident within a certain timeframe, so be sure not to skip this step.

If you were so badly hurt in your accident that you were immediately transported to the emergency room, don’t panic. If possible, ask a friend or family member to travel to the accident site to take these measures for you. You can also contact a lawyer and have them take these steps on your behalf.

How Do I File a Personal Injury Auto Accident Claim?

There is no reason that you should have to pay for all your medical expenses or vehicle damage if you are not responsible for the crash. Plenty of people pursue personal injury claims so that they do not end up in unnecessary debt and so that they can recover any damages they incurred because of another driver’s carelessness.

The first step for filing a personal injury claim is to prove the negligence of another driver. There are four components of negligence. You must first demonstrate that the driver had a duty to care for your safety on the road. This step is easy, as all drivers have an inherent responsibility to keep all other drivers safe on the road. Then, you must provide sufficient evidence that the driver failed to uphold this duty. Careless or reckless behaviors such as texting while driving, drinking, and disobeying traffic laws can all demonstrate a violation of the duty of care. Next, you must prove that the driver’s violation directly caused your injuries. You can usually prove this step with medical records and evidence from the accident scene. Finally, you must show that your injuries resulted in significant damages. Your bills from the hospital, vehicle repair, and more can demonstrate this aspect.

A lawyer will be able to help you gather all the necessary evidence to prove all four components of negligence. From there, they can help you file a successful claim with the other driver’s insurance.

What Damages Might I Receive?

You can receive compensation, or damages, for any losses you incurred as a result of your accident. These may include:

  • Medical expenses, past and future
  • Lost wages from missing work
  • Property damage to your vehicle and other belongings
  • Rehabilitative costs
  • Disfigurement and disability
  • Pain and suffering
  • In cases of wrongful death, funeral expenses and loss of consortium

An experienced attorney can help guide you through the appropriate steps to make sure that you are not stuck paying out of pocket for anything after an auto accident caused by someone else’s negligence.

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Truck Accidents: The Major Causes and How to Deal with a Crash

Accidents involving commercial trucks are some of the most devastating collisions on the road. Because trucks weigh more and are larger than your standard automotive vehicle, they are harder to control and can deal much more damage in an accident.

Research from the Federal Motor Carrier Safety Administration shows that in the year 2016, there were 4,440 large trucks involved in fatal crashes. The number of total truck fatality crashes had also increased 39 percent since 2009.

Despite government regulations concerning truck and car safety, more and more people are involved in truck accidents every year. That is why it’s important to understand the major causes of truck crashes and precautions to avoid them. It also is beneficial to become familiar with the steps and measures you can take if you are involved in a truck accident, so you aren’t caught off guard if one occurs.

What Are the Major Causes of Truck Accidents?

Accidents involving trucks tend to be very complicated, because they involve many more factors than regular two-vehicle car accidents. Some common causes of truck accidents include:

Truck Defects Sometimes a truck accident occurs not because of the negligence of the driver, but because the truck was poorly maintained, or a part was defective. The most common type of truck defect is failing brakes. Other mechanical errors such as engine or transmission problems, defective steering wheels, and problems with tires and wheels have also resulted in truck accidents. If a truck is not up to code or has not been regularly inspected, the truck manufacturer, mechanic, or trucking company may be at fault for an accident.

Driver Fatigue Truck drivers often work long, grueling hours and must drive for extended periods of time with little to no break. Anyone driving that long would be exhausted and, unfortunately, many truck accidents occur because of truck driver fatigue. There are government regulations about how long drivers can drive before taking a break, but due to truck driver shortages, many drivers and trucking companies violate these laws. If an accident occurs because a driver fell asleep at the wheel, the driver or their employer may be at fault.

Employer Negligence Trucking companies have a responsibility to hire responsible, capable drivers, train them properly, maintain their fleet of vehicles, load their trucks properly, and comply with any and all government regulations. Many truck accidents can be traced back to employer negligence, if they failed in these responsibilities in any way.

Driver Error – Commercial trucks are difficult to control, so drivers should be very cautious while operating them. If a driver fails to monitor their no-zones (blind spots), drives while drunk or drugged, or drives recklessly, aggressively, or carelessly, they can cause serious accidents.

You may not be able to tell why an accident occurred or who was responsible in the immediate aftermath. For this reason, it’s smart to hire a lawyer to investigate your crash on your behalf. By looking at truck company records and the black box on the truck, they will be able to determine why your crash occurred and who was responsible.

What Should I Do After My Truck Accident?

Immediately following a truck accident, you should immediately call emergency services and check for injuries. After ensuring your safety and the safety of any passengers in the vehicle, you will need to contact the authorities. When they arrive, be sure to take down their names and badge numbers. When speaking to authorities, stick to the facts. Do not speculate about the cause of the accident, apologize in any way, or make any kind of statement about your injuries.

Next, you will want to document the accident as much as possible. Take plenty of pictures, collect eye-witness statements, and note the location and time of the accident. The more proof and documentation you can provide about the specific details of the crash, the better.

Be sure to seek medical attention even if you do not think you were hurt. Some injuries involve delayed symptoms and waiting to seek treatment can damage your ability to recover compensation later.

Finally, be sure to contact a lawyer. While you focus on recovering from your injuries, they will be able to investigate your crash, gather the necessary evidence, and negotiate with the trucking company’s insurance to get you the compensation you deserve.

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Cell Phones and Distracted Driving

Distracted driving causes thousands of car crashes each year. While in-vehicle phone-sync systems assist with hands-free use, many people think these technological advancements are indicative of safety improvements as well. Unfortunately, hands-free technology is more about convenience than safety. Studies examining the distracted brain call into question how effectively drivers can actually multitask. Ultimately, when it comes to safe driving, avoiding all distractions and focusing on the road is the best way to ensure the safety of all people.

Pledge Programs

Since smartphones have become such an integral part in managing daily lives, drivers have been using them behind the wheel. Telecommunications companies and non-profits have invested in programs to raise awareness about the devastating consequences that texting while driving can have. In addition to providing practical information and victims’ accounts of the dangers, these programs often invite participants to pledge to abstain from texting while behind the wheel. Despite the popularity and engagement of these awareness campaigns, the problem persists.

Hands-Free Regulations

In attempts to curb texting while driving, many legislators have begun to implement hands-free laws. These laws, as the name suggests, requires drivers to use headphones, Bluetooth, or the audio system built into their car, to use phones while driving. Unfortunately, this solution is limited and misses the point of promoting truly focused driving.

According to a report by the National Safety Council, multitasking is more of a myth when it comes to the human brain. The study suggests that the brain really can’t perform two tasks at once. Though it can quickly switch from one task to another, it can’t process multiple activities concurrently. While hands-free cell phone use may be an improvement from dialing and texting, drivers who use their phones are still splitting mental energy between safe driving and communicating on their phone.

Solutions

Reaction time, focus, and general awareness suffer when drivers use their phones. While hands-free laws can be a deterrent, they are not the ultimate solution in safety. For many drivers the impulse to respond to text messages while driving is powerful. Despite knowing the dangers, many drivers can’t help it. An effective way to eliminate this impulse is to prevent drivers from seeing incoming texts and calls while behind the wheel.

Cell blocking technology prevents incoming calls and texts from pinging drivers while they are behind the wheel. Large telecommunications companies like Sprint, Verizon, and AT&T all have developed apps for this purpose. When downloaded, the applications detect when the car is in motion, and intercept incoming texts and calls. Through the app, users can customize automatic responses to incoming calls and texts that they receive while driving. While cell blocking apps have proven to be a useful way to prevent accidents, drivers still must make a concerted effort to dedicate themselves to focused driving.

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What to Do if You’re in an Uber Car Accident: A Checklist

Any time you’re in a moving vehicle, there’s a chance you could be in an accident. This is true even when you’re riding in an Uber or a Lyft. Should you ever become injured through a rideshare accident, it’s important that you take a few essential steps to keep yourself safe—and to maintain a strong insurance claim.

Here’s a quick Uber car accident checklist, as compiled by a Uber accident lawyer.

Uber Car Accident Checklist

  • Make sure everyone is safe. First things first: Stop to see if you or anyone else in the car is visibly injured. (For instance, look for major blood loss, visibly broken bones, or anyone who’s unable to be ambulatory.) If you need medical attention, call 911 and have them send an EMT.
  • File a police report. Whether or not anyone is injured, you’ll always want to make sure there is a police officer on the scene. Offer your testimony, as the official police report will provide a good baseline of fact should you ever end up litigating.
  • Report the accident to Uber. You can go into your Uber app and report that the ride ended in an accident—and you’ll likely get a quick reimbursement for your rideshare fees.
  • Seek medical attention. Regardless of whether you think you “need” medical attention, it’s best to head to the doctor or to a nearby urgent care. This ensures that a medical professional has a chance to check you out for hidden injuries. It also strengthens your insurance claim.
  • Follow the doctor’s orders. Do whatever the clinical professional recommends—whether that means follow-up appointments, medication, or physical therapy. This is an important way for you to make sure you recover properly—and again, it strengthens your insurance claim.
  • File an insurance claim. Who you file with depends on who the at-fault driver is; it may be with Uber or with the motorist who caused the accident. Your Uber accident attorney can advise on this. Speaking of which…
  • Work with a seasoned lawyer. Insurance adjustors will try to trip you up or to avoid paying their fair share—and frankly, dealing with them can be a hassle. One way you can eliminate the headaches is to enlist the expertise of an Uber accident lawyer.
  • Don’t talk to the insurance company without your lawyer present.Avoid making any statements to the insurance adjustor—or accepting any payments—without having your Uber accident attorney present.
  • Focus on getting well. Once you have a lawyer working for you, you can put all your attention on what matters most—making a full and speedy recovery.

Been in an Uber Accident? Here’s what you need to know By following these Uber car accident checklist and tips, you can promote a fast recovery following an Uber accident—and you can also maximize your odds of getting just compensation. Keep these tips in mind, because you never know when a rideshare experience could take an unexpected turn.

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The Auto Accident Glove Compartment Checklist

No one wants to think about getting injured in a car crash, but those who are prepared will be better off in an emergency situation if it comes up. From the first few minutes after an accident to weeks and months afterwards, there are certain steps you should take to protect your own physical and financial well-being. Keep this auto accident glove compartment checklist handy in case of an auto accident. Read more

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5 Kinds of Attorneys You Need at Some time in Your Life

Are you looking for an attorney that can be of great help for solving your legal issues? However, what type of attorney you are searching for. Now, there are several kinds of attorney. The legal field is really very complex as well as large. You will discover that different attorneys specialize in different areas. That’s the reason why there are different attorneys, and whatever may be your legal issue, there’s an attorney who is an expert in dealing with a particular issue. Read more

John Barret is a blogger with the Elder Law Center of Wisconsin from the past four years. He is a law graduate in the US and enjoys writing about different legal processes, aspects of the laws, and the significance of having an attorney.

Been in an Uber Accident? Here’s what you need to know

Whether we know it or not, whether we like it or not, the collaborative consumption that makes up the sharing economy is here to stay. Now you can rent a spare room in your house to weary travelers, rent one of several shared bikes at terminals throughout large cities, or make a little extra cash driving people to and from their destinations. However, this new economic sector raises a whole new set of legal questions about responsibility and liability. That’s why it shouldn’t come as a surprise you can’t seem to turn the corner without seeing an ad for an “Uber Accident Attorney” So, what do you do as a passenger when your rideshare driver finds themselves in a crash? Read more

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The Numbers Behind Workplace Injuries in North Carolina

It can be challenging to get an accurate read on how safe or dangerous it is to work in North Carolina. For most people, all they have to rely on is anecdotes. Do they know people who have been injured in a particular industry in a particular place? Have they heard rumors that this business or manager is particularly safety conscious or tends to put their employees in danger? Read more

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Why SUVs are More Likely to Get in Rollover Accident

A common misperception with the safety of larger vehicles, like SUVs and trucks, is that they’re safer in car accidents. While higher weight is usually correlated with higher safety in accidents, one thing that is disconcerting is the distribution of weight in SUVs and trucks. While head-on collisions are traumatic accidents with high mortality rates, rollovers follow closely behind — a majority of them leading to fatalities. SUVs are dangerous because they have the highest likelihood of rolling in severe accidents. While a lot of factors play an important role in rollover odds, it’s important to understand why SUVs are so dangerous when it comes to rollovers. Read more

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