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Accidents happen unexpectedly and can lead to major injuries for you and your family. Sometimes you may be dealing not only with injury but also with a significant financial burden. After sustaining a serious injury caused by another person you will need a personal injury lawyer with experience to stand by you.

Why Is A Personal Injury Lawyer Different From Other Lawyers?

Personal Injury lawyers are types of litigators who provide legal advice and representation to clients who have sustained physical or psychological injury, as well as financial loss, after falling victim to the carelessness or negligence of an individual or organization. If you are a victim of an accident with injuries, when you call a law office you need to ask for a personal injury lawyer. There are many kinds of lawyers, you will need a knowledgeable and experienced lawyer who specializes in personal injury.

What Types Of Cases Are Handled By Personal Injury Lawyers?

  • In addition to injuries from an accident, personal injury lawyers can handle cases where families who have lost loved ones due to the careless or negligent actions of another person or organization will be needed.
  • Medical malpractice is another case where you will want to experience case handling. Medical mistakes are the third leading cause of death in the United States. If you have injuries due to surgical mistakes, prescription drug errors, misdiagnosis, or failure of diagnosis, call a personal injury lawyer.
  • Defective medical devices and prescriptions are handled by personal injury lawyers. Some of the things in question can be faulty knee and hip replacements, defective hernia meshes, IVC filters, and many more.

It Is Vital To Prove Negligence In Personal Injury Cases

Not being able to prove which party was negligent can be difficult to secure compensation for your injuries. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence,” the careless person will be legally liable for any resulting harm.

There are four basic elements of negligence for personal injury cases. They include duty, breach, causation, and damages/harm:

  • Duty – Proving that the party at fault owed a duty of care to the injured party.
  • Breach – Showing that the party at fault (defendant) breached their legal duty by acting careless or negligent to prevent an injury.
  • Causation – Showing that the defendant’s breach of duty was the cause of the injured party’s (plaintiff) injury.
  • Damages – Documentation of the plaintiff’s damages such as lost income, medical bills, out-of-pocket expenses, and pain and suffering.

What Is The Statute Of Limitations For A Personal Injury Claim In Kentucky?

The Kentucky personal injury statute of limitations is one year from the date an injury occurs, per Kentucky Revised Statutes section 413.140(1)(a). This means that an injured victim has a one-year timeframe with which to file a lawsuit against the alleged negligent party in their case. You need to act swiftly if you have been victimized by a personal injury and ensure that the claim is filed within the statute of limitation. The statute of limitation clock begins to run the day the accident occurred. Failure to file within the allotted period can result in the injured victim being unable to file the claim.

Damages That Can Be Recovered In A Personal Injury Case

Personal injury victims can be awarded compensation for various types of damages.

Some common damages resulting in financial awards involve:

  • Property Loss – This would include damages of any asset from an accident such as an automobile. The market value of any property loss will be compensated.
  • Lost wages – This is compensation to help offset the wages that would have been paid during the injury.
  • Medical treatment – Medical treatment can cost up to $4,000 a day. A victim that has suffered a personal injury can not only become crippled physically but also financially from the injuries and medical bills.
  • Pain and suffering – If a victim will have pain and suffering for an extended period or even for a lifetime, this will be taken into consideration when awarding damages for injuries.
  • Mental and emotional distress – Psychological trauma can last long after the physical wounds have healed. Emotional distress can account for the loss of sleep, anxiety, depression, and mental anguish suffered as a result of the accident.
  • Loss of enjoyment of life – Victims can be awarded damages for the impact on hobbies, mobility, or recreation, and activities denied because of the accident.
  • Loss of consortium – Loss of consortium is a term used in the law that refers to the deprivation of the benefits of a family relationship due to injuries in association and fellowship between two married people. The deprivations identified include the economic contributions of the injured spouse to the household, care and affection, and sex. If an injured victim suffers these kinds of damages, the spouse may receive damages.

Should I Settle With An Insurance Company?

It is recommended that you work with a skilled personal injury lawyer before you enter into any type of negotiation with the insurance carrier. Most personal injury claims will likely end up being resolved with negotiation with an insurance carrier. However, insurance carriers know that injury victims likely do not know the full extent of their losses. It is best to have a lawyer present when making your final decisions with an insurance carrier.

If you or your loved ones have been injured due to the careless or negligent actions of another person or organization, it is best to contact a personal insurance lawyer as soon as possible.

Contact (859-746-0500) Michael O’Hara, PLLC for a Consultation


About Michael A. O’Hara, PLLC

When you have to deal with the justice system – whether related to a civil or criminal matter – you need more than the truth on your side. You need a skilled attorney who can employ sound legal strategies to produce the results you are hoping for. I am attorney Michael A. O’Hara, and I am licensed to practice in Kentucky and Ohio at the state level, as well as in Federal District Court and the Federal Court of Claims. I have been representing clients in the Northern Kentucky/Greater Cincinnati area since 1994.