Kentucky Personal Injury Cases
Kentucky personal injury cases can be divided into two main categories: (1) cases alleging that the responsible party was negligent; and (2) cases alleging that an injury was the result of an intentional act.
Kentucky Negligence Cases
In a Kentucky case involving an allegation of negligence, the injured party claims that the responsible person (or company) was careless or reckless or in some other way failed to have the proper regard for the safety of the injured person. Negligence can arise when the responsible person acts in a way that causes an injury. Negligence can also arise in the situation where the responsible party fails to act.
In Kentucky personal injury claims alleging negligence, the injured person must prove that the responsible person owed a duty to exercise reasonable care. It must also be proved that the accused person violated that duty and that such violation resulted in the injured person's damages. Finally, it may be necessary to prove that the responsible party could have reasonably foreseen that the injuries claimed could arise from the negligent conduct. A car accident is a good example of a Kentucky personal injury case alleging negligence. Drivers owe a duty of reasonable care. For example, in Kentucky, a driver must keep a reasonable lookout, obey traffic laws, maintain control of their vehicle, etc. When a Kentucky driver fails with regard to this duty of reasonable care and causes an accident, the failing driver may be held liable for injuries that arise from accidents resulting from negligent driving.
Damages include medical expenses for treatment of accident-related injuries, future medical expenses, pain and suffering both in the past and into the future, lost wages, and future lost wages if the injured party will suffer an impairment of his or her ability to earn in the future.
Other examples of negligence lawsuits in Kentucky include medical malpractice injuries, nursing home neglect cases, premises liability (slip and falls) cases, product liability cases, tractor trailer accidents, etc.
Intentional Injury Cases in Kentucky
In Kentucky, a lawsuit alleging an intentional tort or an intentional act resulting in injury arises when the responsible party intends to commit the act that results in injury. Intentional tort lawsuits are much less common in Kentucky. One of the reasons is that many insurance policies do not cover intentional acts. However, sometimes, there is insurance coverage or the responsible party may have sufficient assets (i.e. money) so that it appears the injured person may have the ability to collect in the event of a successful lawsuit.
Many intentional tort lawsuits arise from criminal activity. However, there are also civil intentional acts (those that don't rise to the level of criminal acts) that give rise to Kentucky personal injury lawsuits.
If you believe you have been injured as a result of either a negligent or an intentional act, you may want to discuss your concerns with a personal injury attorney in Kentucky. You are welcome and encouraged to contact or call the law firm of Brett H. Oppenheimer, PLLC. You may reach Brett at (502) 242-8877.