If you or a loved one has been injured in an accident in Louisville, Kentucky, you may have questions. Louisville personal injury attorney Christopher Smith has some answers. Read on for more information.
1. The Statute of Limitations in Kentucky
The statute of limitations in Kentucky is one year in personal injury cases. This is a very short time period, among the shortest in the entire country. A statute of limitations is the time window you have to bring your case. If you don’t bring your case within one year, your case will likely be dismissed as untimely. There is obviously a bit more to this, so having a good Louisville personal injury lawyer on your side is crucially important.
2. Pure Comparative Fault
Comparative fault is a doctrine that allows the jury to compare your fault with the fault of the defendants. In most states, a plaintiff must prove the defendant was greater than 50% at fault or else the plaintiff recovers nothing. But Kentucky is different. In Kentucky, a plaintiff can recover even if he or she was greater than 50% at fault in causing an accident. Because defendants almost always try to argue comparative fault, it’s important to have the best Kentucky personal injury attorney you can find.
3. Damages Caps
Kentucky has no damages caps. The Kentucky Constitution prohibits caps on damages and the legislature of Kentucky cannot change the law in this area without a constitutional amendment. This makes Kentucky a very favorable jurisdiction for plaintiffs. This is also another reason why you need the best Louisville personal injury lawyer available.
4. The 3/4 Jury Rule
Many states require civil juries to be unanimous. But not Kentucky. In Kentucky, 3/4 of the jurors must agree. This means that you must 9 of 12 jurors in your case. This is another rule that helps injured people in Kentucky get the justice they deserve. Our Louisville personal injury lawyers can help you maximize your recovery at trial.