Rosenfeld Injury Lawyers, LLC is a law firm dedicated to representing clients and helping them secure their financial futures when they have been the victims of another person’s negligence or recklessness. In the state of Kentucky, injury victims have the right to pursue claims against the at-fault parties so they can recover damages.
Having a Kentucky personal injury attorney on your side is crucial during the claim process. We can help you navigate the complexities, win what you are owed, and seek justice against those who behaved negligently.
We offer a free consultation before any contracts are signed, and you can find out more about what it takes to win personal injury cases in Kentucky below.
Who Can File a Personal Injury Claim in Kentucky?
Before we discuss who can file a claim for an injury, let’s lay out what a claim actually is. A personal injury claim is a form of lawsuit that individuals can pursue when an injury, illness, or death is the fault of another person.
It is not the same as a criminal proceeding, though both can occur concurrently for the same incident. Criminal trials are focused on punishing the defendants for wrongdoing while personal injury cases are to compensate victims who have suffered the consequences of wrongdoing.
As for who can file a claim, it is most often the injured accident victim. If the victim is a minor, then a suit can be pursued on their behalf by a parent or legal guardian. In wrongful death cases, a surviving spouse, child, or parent could file the claim.
What Is the Basis of Personal Injury Claims?
To make a claim of personal injury, there must be a basis for the complaint. That basis could be one of the following scenarios:
- Negligence – The defendant did not display an ordinary level of caution, and their conduct resulted in an injury
- Strict liability – If the defendant’s actions led to an injury, and their state of mind had no bearing on the incident
- Intentional harm – If the defendant had intentionally harmed the plaintiff
Cases That Our Kentucky Personal Injury Attorneys Handle
Our personal injury lawyers have handled cases in a variety of practice areas.
Trucks are one of the most dangerous vehicles on the road due to their sheer size and weight. Many victims who get into collisions with trucks suffer from catastrophic injuries or even death, leaving their loved ones to seek the help of our Kentucky truck accident lawyers. 3,081 truck accidents occurred in 2022 in this state .
Motorcyclists are some of the most at-risk motorists on the road. There is no structure around them to provide protection from the elements or collisions, and other drivers are less likely to see them.
Our Kentucky motorcycle accident lawyers have handled claims on behalf of many motorcyclists who have suffered injuries due to negligence from other drivers, especially since Kentucky only requires helmets for motorcyclists who are 20 and under .
Auto accidents are one of the leading causes of serious injuries and death nationwide. In this state alone, there were 749 traffic fatalities in 2022 , which are some of the cases that our Kentucky car accident lawyers handle.
Nursing Home Abuse
Sadly, the elderly community is very vulnerable to abuse and neglect, especially in a nursing home setting. Kentucky is ranked 29th in the country in terms of nursing home elder care , which means there are many victims who may need the assistance of a Kentucky nursing home abuse lawyer.
When a person’s actions lead to the death of another, or they cause injuries that eventually become fatal, our personal injury attorneys can help hold that person liable.
Property owners have a certain duty of care to people who legally enter the premises. Defendants may be liable for incidents such as a broken entryway step that leads to broken bones or even dog bites. The city of Lousiville had the 12th most dog attacks in the entire country in 2022 .
When a product does not operate as designed or has insufficient warnings and a user gets injured, the company could be held liable in a product liability case. Common reasons for this type of claim include design defects, marketing defects, poor warning labels, breach of warranty, and contaminated foods/drugs.
Defective Medical Devices
Medical devices such as pelvic mesh surgical devices, cochlear implants, and surgical equipment can malfunction and put the patient at severe risk of serious injury. In early 2023, a subsidiary of Johnson and Johnson paid a $10 million settlement to the state of Kentucky for defective pelvic mesh devices .
Drug recalls are a common occurrence in the United States. In 2022, 567.3 million units were recalled . With staggering numbers like that, it is no wonder dangerous drugs are a big reason for the need for a personal injury law firm.
Companies are often hesitant to give out workers’ compensation benefits. In 2022, over 27,400 non-fatal workplace injuries occurred in the private sector in Kentucky . Many of those victims did not receive the benefits they were owed after their workers’ compensation claims, and the only solution in this type of scenario may be to contact a Kentucky personal injury attorney.
Medical care workers and practices are responsible for taking care of their patients. Unfortunately, negligence and recklessness are common in this industry, leaving accident victims all over the state of Kentucky looking for answers, proven by the 445 medical malpractice reports filed in this state in 2022 alone .
A birth injury can be incredibly traumatic for a newborn and/or their mother. The consequences of a healthcare worker’s mistake could be lifelong, such as cerebral palsy or a devastating brain injury due to oxygen reduction during the delivery.
Unfortunately, many hospitals in Kentucky struggle with high rates of birth injuries and fatalities, with a statewide maternal mortality rate of 38.4 per 100,000 births , many of which come down to human error and result in a lawsuit.
Filing a Personal Injury Lawsuit With Rosenfeld Injury Lawyers
Once you have received your free case review and you decide to proceed with a Kentucky personal injury lawyer from our team, we can begin the complex process of filing your lawsuit. Fortunately, our legal team can make things much simpler for you, by doing all of the following:
- Gathering information – The attorney will conduct a case evaluation to get a sense of the circumstances surrounding your injury
- Claim investigation – A determination will be made about the nature of the case and what category it fits under according to Kentucky personal injury law
- Claim filing – Your personal injury lawyer will officially file your complaint with the appropriate parties to initiate the lawsuit
- Discovery process – Legal representation from both the plaintiff and defendant will seek out information to determine the facts of the scenario and gather evidence, often requesting data from each other
- Negotiation/mediation – Determining a fair settlement amount can be a challenge, so your experienced personal injury attorney will negotiate with the defendant and/or their insurance company while mediating the legal process
- Settlement – If a settlement is reached before a trial, the compensation will be awarded to the defendant, minus any fees involved for legal services rendered or medical expenses owed
- Going to court – If no settlement is reached, then the case could proceed to a trial. Your KY personal injury attorney will represent you in court proceedings and continue to fight for maximum compensation
Do You Have a Personal Injury Case?
To have a chance at winning compensation for damages suffered, several criteria must be met. If you are unsure if your case meets these standards, you can always reach out for a free case review with a Kentucky personal injury lawyer from our firm. The criteria are:
- The responsible party engaged in negligent or reckless conduct
- The conduct resulted in an injury to the victim
- The victim suffered from economic or noneconomic damages as a result of the injury
- There is evidence that supports these claims
Proving a Kentucky Personal Injury Case
Even if those criteria are met in your situation, that does not guarantee a payout for damages. You must be able to prove that these standards have been met, which requires the compiling of evidence with the help of Kentucky lawyers. Proving negligence requires the following:
- The defendant had a duty of care to uphold to prevent harm from befalling you
- The defendant breached that duty of care with their conduct
- Damages resulted from that breach of conduct
- There is provable causation between the conduct of the defendant and the damages you have suffered
How Long Do You Have to File a Personal Injury Claim?
The length of time you have to file personal injury claims in Kentucky varies depending on the type of injury and the circumstances surrounding the incident. This timeline is dictated by the statute of limitations as laid out in the Kentucky personal injury laws.
What Is the Statute of Limitations for Personal Injury in Kentucky?
Kentucky has one of the strictest statute of limitations in the country. For general personal injuries, wrongful death, and medical malpractice, the plaintiff has one year from the date of the incident or the date of discovering the injury to file their claim. There are a few exceptions to this rule:
- The plaintiff is under the age of 18, in which case the one year starts on their 18th birthday
- The plaintiff is medically incapacitated, in which case the one year begins when they are deemed medically capable again
- The defendant leaves the state before the claim is filed, in which case the one-year timeline is delayed
Types of Personal Injury Compensation We Can Help You Recover
There are three main types of compensation that our Kentucky personal injury attorneys can help you recover:
- Economic – Have a measurable amount that can be supported with evidence. Includes medical bills, ongoing medical care costs, lost wages, lost future earning potential, cost of repairs to property, funeral or burial costs, etc.
- Non-economic – Harder to quantify and are more related to the emotional or physical toll of the injury. Includes permanent disability, loss of life enjoyment, physical pain, emotional distress, loss of companionship, disfigurement, and the like.
- Punitive – Enforced only in rare circumstances when the defendant is deemed worthy of additional punishment.
How Much Is Your Personal Injury Case Worth?
It is impossible to predict what your settlement will be worth, even if you understand the various types of injuries. Many factors come into play that will affect the size of the compensation package.
Factors That Affect Personal Injury Settlement Amounts
There are several factors that can affect how much you will be rewarded after winning a personal injury claim:
- Nature of the injury
- Cause of the injury
- Percentage of comparative fault between you and the defendant
- Cost of economic damages like medical expenses
- Estimate of non-economic damages like
- Contingency fee agreement with the personal injury law firm
Settlement Amounts That Our Kentucky Personal Injury Lawyers Have Recovered
When you are hurt due to someone’s negligence, your priority should be finding top Kentucky personal injury lawyers with years of legal experience. Fortunately, Rosenfeld Injury Lawyers, LLC has a history of winning cases for our clients, including:
- $1.5 million for the family of an Alzheimer’s patient who ingested unsecured cleaning chemicals in a nursing home
- $18.5 million for a victim who received permanent injuries and limited mobility after a head-on semi-truck crash
- $2.5 million for a rollover crash victim who lost their vision after colliding with an underinsured motorist
- $2 million for a man who was assaulted by a priest at a Catholic elementary school
- $500,000 for an electrician who was bumped by a co-worker and fell eight feet, injuring his back and shoulder
How Long Does Settling a Personal Injury Claim Take?
There is no average amount of time that we can reliably say your claim may take. It all depends on the specifics of your case.
The responsiveness of the defendant, the negotiation with their insurance company, a trial proceeding, the complexity of damages, and the injury recovery process could all cause delays in the legal process, adding up to anywhere between a few months and several years.
How Much Does a Kentucky Personal Injury Lawyer Cost?
You might be worried about the cost of hiring personal injury lawyers to help you with your claim, as you are likely already dealing with enough of a financial burden. That is why our law firm handles these cases on a contingency fee basis.
What does that mean?
- No upfront costs
- We only get paid if we win your case
- Our fees are deducted directly from the settlement amount
Contact Our Kentucky Personal Injury Attorneys If You Have More Questions!
You might still have a lot of questions about what it takes to file and win personal injury lawsuits. We are happy to answer them during a free consultation so you have all the information you need to make a decision.
Our team of personal injury attorneys in Kentucky is ready to serve you with sound legal advice and a fair chance at winning maximum compensation to recover damages like medical bills or lost income. No one should have their entire financial future ruined because of someone else’s negligent actions, and we will work tirelessly on your behalf.
Call us today at 888-424-5757 toll-free.
Resources:  Truck Info,  Forbes Motorcycle Accident Statistics,  Crash Stats NHTSA,  ElderGuide,  USPS Dog Bite Rankings,  Kentucky.gov,  Contract Pharma,  US Bureau of Labor Statistics,  Becker’s ASC Review,  March of Dimes