Nashville Personal Injury Lawyers

Fearless Kentucky Personal Injury Lawyers

If you’ve been injured in an accident in Kentucky, our Kentucky personal injury lawyers are prepared to take your case from complaint to trial so that you can focus on rebuilding your life.

Do you have a case?

Understanding Your Kentucky Personal Injury Claim

While every claim is unique, there are four key elements that are required to bring a successful personal injury lawsuit in Kentucky. Knowing these elements, and how your case can meet each one, will give you an idea of how an experienced attorney will approach your case.

 

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Element 1

Duty of Care

When one party is responsible for an individual’s safety or well-being, they owe that individual a duty of care. Many human relationships establish a duty of care, such as parent/child, doctor/patient, or business/customer relationships.

In order to bring a successful personal injury claim, the first thing a plaintiff must prove is that the defendant owed them a duty of care by assuming some degree of responsibility for the plaintiff’s safety.

Element 2

Breach of Duty

The second element that a personal injury plaintiff must prove is that the defendant breached the duty of care owed to the plaintiff. A breach occurs when a defendant fails to adequately provide for the plaintiff’s safety, as required by their duty of care. Examples of such breaches include unmarked wet surfaces in a grocery store, a doctor operating on the wrong limb, or a driver running a red light.

Element 3

Damages

A plaintiff must be able to show some type of damages in order to bring a personal injury claim. Damages may include pain and suffering, medical expenses, psychological or emotional trauma, or permanent disability.  Obtaining your medical records and bills will be crucial to your personal injury lawsuit.

Even if a defendant breaches their duty of care, a plaintiff will not have a valid personal injury claim if no damages are shown. Likewise, if the damages are very small—a few bruises or scratches—it is generally not worth the time and expense to bring a personal injury lawsuit.

 

Element 4

Causation

Finally, a plaintiff must prove that their damages were caused by the defendant’s breach of duty. The causation element is the link between the defendant’s wrongful action and the plaintiff’s harm; if no causation can be shown, then the defendant’s act and the plaintiff’s harm are unrelated, and the plaintiff cannot recover.

When establishing causation, a plaintiff must show that the defendant’s action was both the proximate or legal cause, as well as the “but-for” or actual cause, of the plaintiff’s harm. Proximate cause means that the defendant’s action was sufficient to cause the plaintiff’s harm, and “but-for” cause means that the plaintiff’s harm would not have occurred without the defendant’s action. If a plaintiff cannot prove both proximate and “but-for” cause, the link between the defendant’s action and the plaintiff’s harm will not be strong enough to support a personal injury claim.

Kentucky Personal Injury Lawyer FAQs

If you or a loved one has been injured in an accident in Kentucky, you may have questions. The Kentucky personal injury attorneys at DRS Law have the answers. Read on for more information.

Will I have to go to court for my Kentucky personal injury case?

Many Kentucky personal injury cases settle with the plaintiff never having to file lawsuit. Generally, your attorney will prepare a settlement demand that outlines the defendant’s liability and your damages. Those damages can include your medical expenses, lost wages, and pain and suffering. Often times, your attorney will be able to negotiate a settlement with the defense attorney/insurance company based on the information in the settlement demand. However, if the amount offered is insufficient to compensate you fairly, your attorney may suggest filing a lawsuit against the responsible parties.

How Much Money Can I Expect to Recover For My Injuries?

How much you recover in a Kentucky personal injury case depends on the facts of your case. There are many factors that impact your recovery, including: the circumstances of the accident, the amount of available insurance coverage, the nature and extent of of your injuries, the cost of your medical bills, the amount of your lost earnings (past and present), the degree of carelessness by the at-fault party, whether witnesses (at the scene and/or your doctors) support your case, and, finally, the composition of the jury.

How Much Will You Charge for Legal Fees?

Our fees are based on a percentage of the money we actually recover for you.  If we don’t recover money for you, we don’t charge any legal fees.

Who pays for the costs of my personal injury case?

We advance the costs associated with your Kentucky personal injury case, such as fees for expert witnesses, court filings, and depositions. In cases that resolve without litigation, these costs are typically a few hundred dollars. However, the average cost of a case that goes to litigation or trial is significantly higher — in the thousands of dollars — depending on the circumstances. We are reimbursed for such costs from the money we recover for you.

How Long Will My Case Take?

Kentucky personal injury cases typically cannot be resolved until the plaintiff stops treating with his or her medical providers. If your case can be settled without litigation, it usually takes about 90 to 120 days from the date you finish treating to settle your case. But, it will take much longer if a lawsuit is filed. Cases that end up in litigation take about 1-2 years to resolve.

What is negligence? How do you prove it?

You can think of negligence as a legal determination of “fault” or “carelessness.” When a truck driver carelessly runs a red light, or a doctor carelessly breaches a medical standard of care, those parties are deemed to have acted “negligently.”  Your Kentucky personal injury lawyer will prove negligence by interviewing witnesses, gathering evidence, preparing and presenting expert witnesses, and by preparing you for depositions and testimony in court.

How Do You Prove the Severity of My Injuries?

We prove your injuries based on your testimony as well as that of your family and friends. In addition, we prepare and present the expert medical testimony of your doctors and any other experts needed in your particular case. To develop your case, we will obtain all your relevant medical records. Click here to learn more about how we use medical records in personal injury cases to get you the best result possible.

What Should I Be Aware of in the Litigation Process?

Your Kentucky personal injury lawyer will be there to help you through the litigation process, teaching you everything you need to know about depositions, mediation, and trial.  To get the best result, you should also expect to be a partner working with your attorney to settle the case.

To that end, it’s critical that you tell your attorney the truth about your physicial condition or any prior injuries. It’s also important that you keep track of your expenses and get any treatment you need.

Conclusion…

The Kentucky personal injury lawyers at DRS Law will take every effort possible to obtain a fair settlement without litigation. We will harness our reputation for success and litigation and trial to get the best pre-suit offer possible. And, if necessary, we are prepared to handle your case through every phase of litigation to get you the best result possible.

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Meet Our Attorneys

Over $500 Million
Recovered Since 1993

We've Helped Thousands of People Just Like You

We are known for getting life-changing results and fighting to make our communities safer.

What to Expect

Our Legal Services Are Completely Personalized To You And Your Unique Needs

01  Free Consultation

Our dedicated personal injury and accident lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.

 

02  Personalized Service

If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.

03  You Get Paid

We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.

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