If you or someone you love was injured due to someone else’s negligence or intentional actions, it’s understandably a difficult time for you and your family. You may be dealing with pain, trying to get to doctors’ appointments, missing time from work, and struggling financially. When someone else causes you harm, you have legal rights and can pursue a claim for damages. To learn more, contact the Louisville personal injury lawyers at Gerling Law today.
Most injured victims don’t know how the claims process works, which is why you need a legal advocate on your side. Do not let yourself be pressured into signing any documents from the other insurance company or accepting an offer to settle without first speaking with one of the attorneys at Gerling Law. We have over five decades of experience and understand the nuances of various types of personal injury claims.
Types of Personal Injury Cases We Handle
Our Louisville personal injury lawyers have the skills you need for any type of injury claim. Some of the most common cases we routinely handle include:
- Auto accidents, which include cars, motorcycles, pedestrians, bus, boats, trains, trucks, and airplanes;
- Severe injuries such as burn injuries, brain injuries, and spinal cord injuries;
- Accidents involving alcohol;
- Dog bites, including bites from other types of animals;
- Construction site accidents, which can include injuries from explosions, electrocution, and fires;
- Product liability cases where your injuries are caused by a defective product or dangerous drug, including mass tort cases;
- Nursing home neglect and abuse;
- Premises liability cases, which could be anything from a slip and fall to a negligent security claim;
- Birth injuries, such as Erb’s palsy, cerebral palsy, and other injuries caused by medical negligence; and
- Wrongful death claims.
We handle other types of personal injury matters as well. If you don’t see your specific accident listed here, it doesn’t mean we cannot assist you. Schedule a free consultation to discuss your circumstances, and we will be happy to tell you what the best course of legal action is.
What Is Personal Injury Law?
The practice area of personal injury law is designed to protect people from the harm caused by another party’s inaction, recklessness, or carelessness. Personal injury law covers a wide variety of scenarios where injuries occurred due to negligence. If you were injured by someone else, work with one of our Louisville personal injury lawyers, who can help you file a claim for damages. Damages are the financial compensation you receive from the party who caused you harm.
In some cases, the injured victim passes away. When a loved one dies following a personal injury accident, certain surviving family members could have a right to bring a wrongful death claim.
Proving Liability in a Louisville Personal Injury Matter
One of the most important aspects of any personal injury claim is proving liability against the responsible parties. Kentucky follows the legal theory of pure comparative negligence. That means you are entitled to recover financial compensation even when you are partially at fault in an accident. However, any compensation you are awarded or offered will be reduced by your percentage of fault.
For example, imagine an auto accident where a jury finds you to be 30% at fault and the other driver 70% at fault. In that case, you could receive 70% of your overall damages. Remember, with pure comparative negligence, it means the other party can collect from you as well. Using this same scenario, the other party could be entitled to receive 30% of their damages from your insurance policy.
Because insurance companies can reduce their potential exposure and payout by placing additional responsibility on you, you must have a legal advocate protecting your rights. When you retain Gerling Law, we will be there for you every step of the way. We will not let the at-fault party’s insurance try to reduce their legal liability.
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Over $500 Million in Recoveries
I want to thank my attorney, Jesse Poag, and paralegal, Christina Von Zirkelbach. They were awesome at answering any questions I had while assisting me in getting qualified for disability benefits. Thank you, Jesse and Christina- you’re awesome! - Susan G.
Types of Recoverable Damages in a Personal Injury Case
Understandably, many prospective clients want to know what type of compensation they could receive in a personal injury case. Because every case is different, the damages could differ significantly. In general, you typically have two types of recoverable damages: economic and non-economic.
Economic damages are those that can be easily measured, such as your medical expenses, property damage, and lost wages. They can be supported by corresponding proof of the financial loss. Non-economic damages are more difficult to calculate. These damages are subjective in value and include pain and suffering and mental or emotional anguish.
Statute of Limitations for Personal Injury Claims in Kentucky
When you are pursuing a personal injury claim in Louisville, there’s a legal deadline within which the state of Kentucky requires you to file a lawsuit with the appropriate court. This date is known as the statute of limitations. If you fail to timely file your lawsuit, the court will likely dismiss your case, and you won’t be able to collect any compensation.
For example, suppose you were in the middle of negotiating with the other insurance company and they had offered you compensation, but you had not accepted their offer yet. In the meantime, the statute of limitations deadline passed. In that case, the other party would have no obligation to pay you or continue negotiating.
In Kentucky, you typically only have one year from the accident date to file a personal injury claim. However, you will typically have two years if your injury resulted from an auto accident. This is not a very long time at all. It’s easy to inadvertently miss the deadline, which is why we highly recommend working with a personal injury lawyer early on in your claim.
Hiring Gerling Law Injury Attorneys
Don’t leave your injury case to chance. Some types of personal injury accidents can be very complicated to pursue. Cases involving medical malpractice, defective products, and premises liability are among those that can be very complicated. You need an experienced law firm with the skills and financial resources to take your case to trial if necessary. With over 50 years of personal injury experience, our legal team is not afraid to go up against these large corporations.
Let us protect your rights and help you fight for the compensation you deserve. Contact Gerling Law Injury Attorneys today to schedule a free, no-obligation consultation to learn more about how we can help. We will review the facts of your case and let you know what the recommended legal course of action is.
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