Personal injury litigation is subject to different regulations in every state. To bring a case in Kentucky it is very important that you consult an experienced Kentucky personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Kentucky you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Kentucky personal injury lawsuits you can still recover damages even if your own negligence contributed to your injury. Kentucky follows the doctrine of pure comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to pay 10% of the damages.
Kentucky personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Kentucky law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
Kentucky places no restriction on the amount that can be awarded in punitive and non-economic damages.
In Kentucky you have one year to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Kentucky you need the counsel of a personal injury attorney who understands the nuances of Kentucky law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.