Accidents can happen any time, and sometimes, the consequences can be catastrophic. Catastrophic injuries refer to severe injuries that can have long-term or permanent effects on the victim’s health and life. Catastrophic injury claims are among the most challenging legal cases, as they involve complex medical and legal issues. In Kentucky, persons who have suffered catastrophic injuries due to the fault of others may be entitled to compensation. This article highlights some of the essential facts you should know about catastrophic injury claims in Kentucky.
Table of Contents
What Are Catastrophic Injuries?
Catastrophic injuries refer to severe injuries that result in permanent disability or disfigurement. Examples of catastrophic injuries include traumatic brain injury, spinal cord injury, amputations, severe burns, and organ damage. These types of injuries can significantly alter a person’s life and may require a lifetime of medical care and assistance.
Causes of Catastrophic Injuries
Catastrophic injuries can result from various accidents, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Construction accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
In Kentucky, the law recognizes that individuals have a legal duty to behave responsibly and not expose others to unreasonable risks of injury. Therefore, if another person’s negligence or recklessness causes you catastrophic injury, you may be entitled to compensation.
Kentucky’s Comparative Fault System
Kentucky’s comparative fault system means that more than one person can be responsible for an accident that leads to catastrophic injuries. The court, following Kentucky’s comparative negligence law, determines each party’s degree of fault in causing the accident. The percentage of fault assigned to each party affects the amount of compensation that the victim may receive.
If the victim is more than 50% responsible for the accident, they may not recover compensation. If the victim is 50% or less responsible for the accident, their compensation will be reduced by their percentage of fault.
The Statute of Limitations for Catastrophic Injury Claims
The statute of limitations refers to the time limit for filing a legal claim after an accident. In Kentucky, the statute of limitations for filing a catastrophic injury claim is one year from the date of the accident. If you fail to file your claim within this period, the court may dismiss your case, and you may lose your right to recover compensation.
Compensation for Catastrophic Injuries
Catastrophic injury claims seek to compensate for the victim’s economic and noneconomic losses. Economic losses include medical expenses, lost wages, and future medical expenses, while noneconomic losses include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
In Kentucky, there is no cap on economic damages, but there is a cap on noneconomic damages. The noneconomic damages cap limits the amount of money a plaintiff can receive for emotional distress, loss of enjoyment of life, and other noneconomic losses to $500,000.
Contacting a Catastrophic Injury Lawyer
Catastrophic injury claims in Kentucky are complex and require the expertise of an experienced personal injury lawyer. A qualified lawyer can help you investigate your case, gather evidence, consult with medical experts, and negotiate a fair settlement with the insurance company or represent you in court.
If you or someone you know has suffered catastrophic injuries due to someone else’s negligence or recklessness in Kentucky, contact a personal injury lawyer to evaluate your case and help you seek the compensation you deserve.
Conclusion
Catastrophic injuries can be life-altering, and victims deserve compensation to help them cope with their injuries and overcome the challenges that come with them. If you have suffered catastrophic injuries due to someone else’s negligence or recklessness, contact a Kentucky personal injury lawyer to help you evaluate your claim and seek the compensation you deserve.