Being hurt in an accident could have an enormous impact on your life. The disruption is temporary if you are lucky, but sometimes an accident is a life-changing event. A Florence personal injury lawyer is there for you whether your injuries are minor or catastrophic. In either case, the person whose negligence contributed to your injury is responsible for its impact on your life.
Consult an attorney whenever you suffer an accidental injury that requires medical treatment, causes you to miss work, or requires a substantial adjustment to your daily routine. You could be entitled to collect monetary damages to compensate for your losses.
Timeframes for Personal Injury Cases
States enact laws called statutes of limitation restricting the time an aggrieved party has to file a lawsuit. The applicable timeframe depends on the type of claim. An injured person usually has one year from the date of injury to file a lawsuit seeking compensation from a negligent party. However, if the injury results from a vehicle accident, they have two years from the accident date.
Injuries to a Child
When the injured person was under 18 when the incident occurred, they have one year from their 18th birthday to bring a lawsuit. Alternatively, their parent or guardian could sue on their behalf. The one-year deadline would apply in such cases.
Medical Malpractice and Toxic Exposure Claims
If medical negligence or exposure to a toxic substance caused an injury, the claimant must file a lawsuit within one year. However, a special rule applies if the claimant could not have known of the injury until later. When a claimant develops an illness or injury related to medical malpractice or toxic exposure, they can file a lawsuit up to one year after the diagnosis.
Claims Against the State or a Local Government
Sometimes the state or a local government has potential liability for an accident. A personal injury lawyer in Florence must follow specific procedural rules in such cases, which differ from those governing lawsuits against non-governmental defendants. When the state is a potentially responsible party, Kentucky Revised Statutes § 49.040 requires the injured person to file a claim with the Kentucky Board of Claims within one year of the incident that led to the injury.
Local governments develop their own processes and deadlines, which could include a requirement to notify the government of the claim within a short timeframe. Consulting our team soon after an accident could ensure you preserve your right to bring a lawsuit against a local government.
Types of Damages Available in a Personal Injury Case
Injured people could seek compensation from the person whose conduct caused the harm. Economic damages are the expenses the injured person suffered because of the injury. Economic damages could include unreimbursed medical expenses, missed time at work, and lost or damaged property. Economic damages also include future losses such as a diminished capacity to earn or ongoing medical treatment.
Non-economic damages do not have a fixed value. They usually relate to an injured person’s reduced quality of life. A claimant could seek non-economic damages for their emotional suffering, physical pain, disability, lost enjoyment of life, and the injury’s other subjective impacts.
Punitive damages are available in rare cases. A judge might award punitive damages if the party causing the accident acted intentionally or maliciously. Most accident cases do not merit punitive damages, but some do. A Florence attorney could explain whether seeking punitive damages is a viable strategy in a specific personal injury case.
Insurance Companies Are Usually Responsible for Paying Damages
Insurance companies for the responsible parties pay almost all personal injury claims. Whether the injury arose from a fall in a grocery store, a car accident, a dog bite, or another mishap, the responsible party usually has insurance covering the injured person’s damages.
When a claimant has a severe injury, a typical homeowner’s or car insurance policy might not provide sufficient coverage. A lawyer in Florence, KY can locate all possible sources of insurance coverage to increase the likelihood a person receives a reasonable settlement for their injuries. Sometimes it makes sense to hold the responsible party personally liable if they have significant assets.
Insurance companies are profit-making businesses that employ adjusters, investigators, and lawyers charged with reducing the company’s liability, regardless of the validity of an injured person’s claim. Working with a legal professional ensures a fair, good-faith negotiation.
Contact a Florence Personal Injury Attorney to Review a Claim
When you suffer financial or other losses due to another party’s negligence, seek legal advice immediately. You could secure the compensation through a claim. A Florence personal injury lawyer can review your circumstances and offer an assessment of your claim. Schedule a conversation with our team today.