Lexington Personal Injury Claims Lawyers
If you have been injured in Fayette County, Kentucky, or the surrounding area because of the fault of another party, you may have grounds to file a personal injury lawsuit, depending on the circumstances and facts of your case. This is a wide-ranging area of law where those who are injured seek compensation for the harm done to them. If you or a loved one has suffered an injury in an accident caused by another party, we may be able to help.
Though there may be legal action if someone is intentionally harmed by another, most personal injury cases claim that the person who was injured (the plaintiff) suffered those injuries because another party (the defendant) acted negligently. In nearly all personal injury cases, the defendant has at least one insurance policy covering this potential liability.
To be successful in a negligence case the plaintiff has the burden of showing these things:
- The defendant owed the plaintiff a duty of care. The party had a legal obligation to do, or not do, something in order to protect the plaintiff from harm.
- The defendant failed in living up to that duty of care. The defendant didn’t act reasonably, or unreasonably chose not to do something, and violated its legal duty.
- Due to that breach in the duty of care, factually and legally the defendant caused harm to the plaintiff in some way.
- That harm resulted in damages, and under the law the plaintiff can be awarded compensation for that harm. This may cover past, present and expected future damages, including pain and suffering, lost wages, future lost income and the cost of medical treatment and rehabilitation.
Some of the types of personal injury cases Carman & Fullerton helps clients with include:
- Vehicle accidents, including those involving passenger vehicles, commercial trucks, tractor trailers and motorcycles. These cases often occur because the defendant was breaking the law when operating his or her vehicle. He or she was speeding, distracted, fatigued, asleep, intoxicated, under the influence of drugs, incapacitated or in some other way violated the rules of the road.
- Accidents where bicyclists and pedestrians are injured by vehicles or because of dangerous conditions at the location of the accident. This can include the side of the road, while crossing a road, on sidewalks or in parking lots.
- Premises liability, where a person was injured due to a slip and fall, was the victim of a crime because of negligent security, was bitten by the defendant’s dog or was hurt because of swimming pool use. This can occur at a residence or at a commercial, industrial or government-owned property.
- Victims of crimes, including those suffering injuries due to assault, rape or murder.
- Injuries caused by the negligence, neglect or abuse of residents by staff or management of nursing homes, assisted living facilities and group homes. The abuse can be physical, emotional, sexual or financial.
- Medical malpractice cases, where a health care professional (including a surgeon, physician, radiologist, pathologist, nurse or paramedic) failed to live up to the standard of care and the patient suffered harm as a result.
- Product liability cases, where the plaintiff was harmed by a product which is dangerous even when used as intended, because it’s designed, manufactured or maintained improperly.
- Wrongful death and survival actions, where the next of kin and the deceased’s estate can take legal actions against a party responsible for the person’s death to be compensated for their losses.
Some of the types of injuries that can result in these types of accidents include:
- Traumatic brain injuries, which can impair a person physically and intellectually and result in personality changes
- Permanent physical disabilities, which can impair a person’s ability to earn a living and may cause depression and anxiety
- Spinal cord injuries resulting in partial or total paralysis, depending on the degree of the injury and its location, including paraplegia, quadriplegia or tetraplegia
- Loss of limbs or amputations that occurred during the accident or in subsequent medical treatment
- Severe burns
- Internal organ damage and bleeding
These are the steps you should take if you are injured because of the fault of someone else:
- Get medical attention as soon as possible. The longer you delay, the more likely the defendant will claim the injury was caused by something other than the accident.
- Don’t communicate with the insurance company beyond notifying them of the claim; do not discuss your situation on social media or try to negotiate a settlement with an insurance company by yourself. When dealing with the insurance company, you may mistakenly say, write or sign something which may limit or end your ability to seek fair compensation.
- Contact our office so you can learn about your rights, how the law may apply and your best options going forward so you can make an informed decision on what you should do next.
If you or a family member has been the victim of negligence or an intentional act of another in Lexington, Kentucky, or the surrounding area, you are not powerless. There are steps you can take to get the compensation, medical treatment and rehabilitation you deserve so you can get your life back on track. An important step is calling Carman & Fullerton at 859-971-0060 or filling out this contact form. Your future and the future of your family is at stake, so contact us today.