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4 common questions about Kentucky personal injury claims

On Behalf of | Dec 20, 2022 | Personal Injury

You have a reasonable expectation of safety when going about your daily life or visiting a business. Unfortunately, bad behavior on the part of others can sometimes lead to injuries or completely preventable property damage losses.

Those harmed by another person or a business in Kentucky might wonder about what rights they have. Personal injury lawsuits are one option for those negatively impacted by others. The four frequently asked questions below can help you determine if bringing a personal injury claim would be a good solution in your case.

  1. What are the requirements for a personal injury lawsuit?

There are two main requirements for a personal injury lawsuit in Kentucky. The first is that there must be verifiable losses. Economic losses are typically the majority of a personal injury claim and may include actual property damage expenses, actual medical expenses or lost wages. People can also seek non-economic losses, such as compensation for pain and suffering.

The second requirement is fault on the part of the other party. Kentucky law allows for a civil claim and scenarios involving negligence, wrongful acts and omissions. Provided that you can establish that the other party is at fault, there isn’t a cap to the damages you can seek.

  1. Who can bring a personal injury lawsuit?

In the vast majority of personal injury claims, it will be the party negatively affected by someone else who initiates the lawsuit. However, if the person affected by the crash is a child, their parents or guardian could initiate a lawsuit.

If an injury renders someone permanently incapacitated, family members who obtain guardianships may also be in a position to pursue a lawsuit. In a tragic situation where someone dies, wrongful death lawsuits are a form of personal injury claim that could benefit their surviving family numbers. The personal representative of the deceased party’s estate would file the lawsuit in a wrongful death scenario.

  1. When can you bring a personal injury lawsuit?

There is a strict statute of limitations that applies to the average personal injury claim in Kentucky. Typically, you have only one year from the date of the incidents where someone suffered a physical injury to pursue a lawsuit. However, if your claim relates not to an injury you suffered but rather to property damage, you may have up to two years from the date of the incident to initiate legal action.

  1. Can you request punitive damages?

Punitive damages granted in a lawsuit do not relate to actual losses suffered but rather serve as a punishment for the defendant in the lawsuit. In rare cases, punitive damages may be available to those harmed by a person or a business.

Learning the basics of personal injury claims in Kentucky will help you determine if a lawsuit would be the right solution in your situation.