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 Evidence– Depending 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 Accident– Whether 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 Witness– Expert 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.
Leave a ReplyWant to join the discussion?
Feel free to contribute!