“Accidents happen” my mother used to say, but I doubt she was referring to a serious car wreck or the panic and pain associated with a terrible fall. I can think of nothing more frightening than being hit by another car while driving somewhere with your children in the vehicle. How many of us have heard about a friend of family member who, while stopped at a light or to make a turn, was rear ended by a negligent driver. Similarly, a fall in a dimly lit or poorly maintained stairwell may not results in a life threatening injury but the turmoil it can create in our livers can be devastating: The insurance paperwork feels as if it’s never ending and far too complicated to really understand. The medical bills always seem to be higher than we expected and in greater frequency than we anticipated. It’s not just the accident and its physical consequences that cause all the stress and perhaps the worst part if that the accident wasn’t your fault!
When you insurance company questions the medical bills and the driver of the vehicle argues that you were really at faults what do you do? As Americans, we are very fortunate to live in a country where we have the right to seek redress for personal injuries caused by someone else’s negligent conduct. Some of the most frequent personal injury claims arise out of automobile or trucking accidents, slip and falls, workplace injuries, or defective products. It is an important legal right that the injured person can seek compensation from the individual or entity that may be responsible.
Depending on the jurisdiction in which the injury occurred, an injured person may be entitled to certain items of damage including, but not limited to: past and future lost wages, past and future medical expenses, pain and suffering, and disfigurement. Certain types of claims, such as worker’s compensation, may have items and amounts of damage governed or limited by statute. Moreover, under certain circumstances, a spouse or other close family member of the injured person may also be entitled to damages. This type of an award, normally called “loss of consortium,” is meant to compensate the family member for the loss of the injured party’s services and companionship. Under certain circumstances, punitive damages may also be assessed against an at-fault party if his conduct was intentional or wanton, in flagrant disregard to the rights of the injured party and with a subjective awareness that his or her conduct could cause death or serious physical injury. Punitive damages are awarded when the defendant’s conduct was particularly egregious and the jury or judge determines that the defendant should be punished by paying an amount above and beyond the plaintiff’s actual damages. Such awards may also serve as a deterrent to keep others from engaging in similar wrongful conduct in the future.
What should I do if I am injured?
Obviously, the first thing to do is to make sure everyone is safe and seek whatever medical attention is appropriate. However, as soon as practicable after sustaining an injury, an injured person or his family may wish to speak with an attorney in order to protect the injured person’s rights. Different personal injury claims have drastically different statutes of limitations. Statutes of limitations are laws setting forth the time periods when the lawsuit must be initiated. If not settlement is reached and no lawsuit is commenced within the applicable statute of limitations, the injured victim will be forever barred from seeking any compensation for his injuries.
Every personal injury claim generally consists of two things: liability and damages. Damages being the dollar figure that, in theory, will adequately and fairly compensate the injured for his injuries. Liability relates to causation and fault. Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Sometimes bad things happen to good people and no one is legally responsible. Besides the injury, the plaintiff must prove the defendant is legally responsible for the injuries, whether it be under a specific law or under a theory of negligence, etc. Legal causation depends on the facts and circumstances.
Often, a defendant will assert certain defenses, submitting that it is not liable for any or a portion of an injured person’s damages. Commonly asserted defenses include “assumption of the risk” and “comparative negligence.” Let me explain what these mean: If for instance, the injured person knowingly and willfully chose to encounter a known hazard, then the law may provide that he assumed the risk of injury and therefore that the defendant may not be liable. An example might be a football player who was injured during a game while tackling someone. Kentucky, like some other jurisdictions, is a comparative negligence jurisdiction. In the event the judge or jury believed the injured person was partially at fault for his injuries, he may be assigned a percentage of his own fault and his monetary damages would be reduced accordingly.
Personal injury actions often require a lawyer’s knowledge of the law and careful examination of the facts and circumstances to determine whether an individual or entity is responsible. It is important for the injured person to protect his or her right to seek compensation from the individual or entity that may be responsible. A personal injury attorney should assist the injured in determined who is responsible and then attempt to have the responsible party fairly and adequately compensate the injured for his damages. Most personal injury attorneys operate on a contingent fee basis which basically means that if the attorney does not obtain a settlement or verdict on behalf of the injured, the uninjured owes no attorney’s fee for the services rendered.
So, while accidents do happen and can cause pain, financial hardship and disruption of our lives the laws of our great nation allow us to mitigate these issues thought the courts. Your rights will be better protected if you have an attorney by your side after an injury.
Please contact us for additional information.