Kentucky Personal Injury Laws
Have you or a loved one been injured in an auto accident, workplace mishap, slip and fall or suffered any other type of accident in Kentucky that resulted in a severe injury? Are you asking yourself what to do next? If your injury was caused by another person who was acting recklessly or negligently, you may be able to file a personal injury lawsuit to recover compensation for your medical bills, lost wages and pain and suffering. Call one of Kanner & Pintaluga’s Kentucky personal injury law offices for a free, no-obligation case evaluation.
- Louisville
What Should You Know About Kentucky Personal Injury Laws?
Most states have very similar personal injury laws and statutes, but there are some significant differences that may affect your decision regarding how best to proceed with your case. Here are some things to keep in mind if you have a personal injury claim in Kentucky.
- Kentucky generally has a one year statute of limitations for personal injury cases, however the statute of limitations is generally extended to 2 years for injuries sustained in motor vehicle accidents. As you can see, unlike many states that have one statute of limitations that governs all personal injury claims, regardless of whether they stem from a motor vehicle accident or premises liability, Kentucky has a more nuanced system and thus it is important that you talk to a personal injury attorney to determine what statute of limitations might apply to your case.
- Kentucky is a pure comparative fault state. What this essentially means is that if you’re found to be partially at fault your verdict or settlement will be reduced by your percentage of culpability. For example, you could have been in an auto accident and it’s determined that even though the at-fault driver ran a red light and hit you that you were speeding at the time of the accident. If the court decides you were 15 percent responsible for the accident and you were awarded a $100,000 settlement, then you would only receive $85,000.
- Kentucky requires all drivers to carry $25,000 per person/$50,000 per accident in bodily injury insurance to cover injury victims, however it is possible to purchase policies which carry higher limits. Although uninsured/underinsured motorist is not required to be carried in Kentucky, the attorneys at Kanner and Pintaluga strongly advise that everyone carry such coverage in case you are hit by someone who is uninsured or underinsured.
- Kentucky is often referred to as a no-fault car insurance state. What this essentially means is that if you’re injured in an accident, regardless of fault, your own insurance company will need to pay for losses, such as medical expenses and lost wages, up to the limits of Personal Injury Protection insurance, typically $10,000 per person. That said, Kentucky is a choice no-fault state, which means that drivers have an option opt out of the requirement for PIP coverage.
- Kentucky has not adopted the one bite dog bite rule. In states that have the one bite rule, dog owners and their pets are essentially given a free pass for their first dog bite injury. The idea is if the dog never gave the owner any indication that they were aggressive or posed a threat to other people then they shouldn’t be held accountable for suddenly attacking someone – the first time at least. Kentucky is a strict liability dog bite state, meaning there is no one bite grace period. Dog owners can be held liable for any attack on another person, even if it’s allegedly the first time a dog has shown aggression.
If you’re a Kentucky resident who has been injured by another person’s negligent actions, the personal injury attorneys at Kanner & Pintaluga want to help. Our lawyers have represented hundreds of people who have been injured due to the reckless actions of other people, and we’d be happy to discuss your case at no cost to you.