Financial resources are available if you are hurt in a slip and fall, auto accident, or similar incident in Kentucky. By filing a personal injury claim, KY residents can get compensation for medical bills, lost wages, pain and suffering, and more.
Statute of Limitations
Kentucky has a statute of limitations of ONE YEAR to file a personal injury claim. This means that you have one year after the date of the incident to file your claim. If you do not file a claim within the one-year window, your case will most likely not be brought to court.
Motor Vehicle Insurance and KY
Kentucky is a no-fault state when it comes to auto insurance. This means that in most accidents, you can seek compensation from your own insurance coverage, but not file a personal injury claim in court. If you want to file a claim in Kentucky, you must:
- Exceed your PIP (Personal Injury Protection) benefits
- Have suffered a serious injury
Kentucky only vaguely defines a serious injury. It can range from permanent deformation to permanent loss of a bodily function. Since the explanation for a serious injury is vague, it can potentially be negotiated in filing a court case.
Who is at Fault for an Accident in KY
When dealing with personal injury claims, Kentucky uses comparative fault, which means that the injured person can be found partially responsible for an accident. A court reduces your compensation by the amount of fault you share. EXAMPLE:
Ken Shaffer was walking through a shopping mall in Lexington, Kentucky when he slipped and fell on a wet floor, spraining his ankle. He filed a personal injury claim against the mall. Ken admitted that he’d been sending a text message on his cellphone while he slipped. Ken was found to be 20% responsible for his injuries. The court awarded him $1,000, but the amount was reduced to $800 due to his comparative fault.
A Previous Kentucky Personal Injury Claim
According to Aguiar Injury Lawyers, a 2013 personal injury case in Kentucky involved a slip and fall accident at a doctor’s office. A woman slipped and fell on the wet floor of the office’s restroom and sustained injuries that eventually required back surgery. The court ruled that the office poorly maintained the bathroom and awarded the woman $160,000 in compensation.
Damage Caps in Kentucky
Although some states set limits on the amount of compensation that can be received for a personal injury claim, known as damage caps, Kentucky has no such limits. This means that whether seeking damages for medical bills, lost wages, or pain and suffering, there is no limit to the amount of money you can potentially receive in compensation for a personal injury.
Filing a Personal Injury Claim in Kentucky
If you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with a Kentucky personal injury attorney to discuss how to recover any losses you may have incurred. Your attorney can take your case to court before a judge and jury, work with you to help establish fault, and assist you in understanding exactly what damages you should seek compensation for in addition to helping you understand the monetary amount of any damages you may be entitled to.
