Car accidents in Louisville, KY, and around the country for that matter, can cause significant injuries that could affect you for the rest of your life. Under the law, victims have a right to get full payment for any injuries caused by another person’s negligence. However, it’s up to the victim to prove the extent of their injuries and how the other’s person’s actions caused them. This article explains the different parts of a personal injury lawsuit in Kentucky after a car accident, and the legal requirements you must meet to get compensation.
Elements of a Personal Injury Lawsuit in Kentucky
Even if you meet the basic requirements to bring a claim, it’s always best to consult with an experienced Louisville car accident lawyer. Our legal team can provide a no-cost, personalized case evaluation that considers the strength of your claim and your chances of getting compensation.
Negligence
Personal injury cases are based on the legal theory of negligence. Although collisions are commonly called “accidents,” most result from someone (or something) not performing as they should. Negligence is the lack of attention or diligence that a reasonable person would have under similar circumstances. The negligent person you are suing for compensation is called the defendant.
According to our Louisville car accident attorney, there are four components to successfully proving negligence:
- The defendant owed you a duty of care. Drivers have a responsibility to act in a way that doesn’t harm others.
- The defendant breached the duty of care. Actions, inaction, or carelessness can all be ways in which the duty of care is breached.
- You suffered an injury and incurred damages. Your claim would likely be denied if you suffered no injuries or financial losses.
- There is a direct link between the defendant’s actions and your losses. Your losses must be caused by the defendant’s lack of care.
Multiple parties could share fault for an injury, including an at-fault driver, a company or organization, or a government entity. You could be assigned some portion of the blame as well. However, you could still receive damages under the law even if you played a part in causing your own injury.
Kentucky operates under a comparative fault rule for injury lawsuits, meaning your compensation will be reduced based on your percentage of fault. For example, if you were over the stop line at an intersection but were hit by a distracted driver, you could be 10% liable, while the other driver could be 90% at fault. Ten percent will be subtracted if you’re awarded $50,000, and you will only receive $45,000.
Injuries
Once you have shown that the defendant caused your suffering, you must show evidence of the extent of your injuries. This can include medical documentation from your emergency room treatment, follow-up care, and notes on your accident-related symptoms. Your Kentucky car crash attorney can help you calculate the amount of your past medical bills and the amount you might have to pay for future medical care.