Facing an injury from a car crash or other incident can put you through a period of financial strain and physical and emotional pain. To move forward, you may consider filing for the compensation you deserve.
As you think about or begin filing a lawsuit, there are rules and timelines to consider. Familiarizing yourself with the statute of limitations and negligence laws in Kentucky can set you on the path to recovering physically and financially.
Comparative negligence
Ahead of filing a lawsuit, it’s important to be mindful of the role you played in the incident. This is because if you are partly to blame, the amount of compensation you can receive may differ from your expectations.
Through the state’s comparative negligence rules, the total available damages will decrease at a rate that matches up with the percentage of fault you carry. Let’s say you are expecting to receive $5,000 in damages in a slip and fall case, but you admit to not being as cautious as you should have been. A judge might decide that 30% of the blame falls on you, and you’d only be able to recover $3,500.
Statutes of limitations
As a victim of a personal injury incident, it’s possible that that not only are you facing injuries, but some of your personal property isn’t in great shape either. As you seek compensation for both bodily injuries and property damage, it’s crucial to look at state deadlines or statutes of limitations. According to state laws, the filing of all personal injury lawsuits must take place within a year of the event that caused the injury. And individuals who hope to receive damages to replace or repair personal property must file within two years of an accident.
To gear up for these strict deadlines, timely follow-up is essential. Be sure to gather contact and insurance information from the other party and receive medical care and any relevant repair estimates. That way, when it comes time to file for damages, you’ll have enough information to supply to legal professionals so they can conduct a thorough investigation. Plus, using medical bills and repair estimates as proof may help you recuperate exactly what you lost through the incident.
No matter where you are at in the claims process, a personal injury attorney can lead the way to a fair settlement.
