Radcliff Personal Injury Attorneys
Helping Individuals and Families of Hardin County Recover Damages
A personal injury can upend someone’s life. Not only do they suffer the physical consequences of the injury itself, but they can also experience emotional trauma, financial hardship, and a diminished quality of life. Some injuries can be the result of unfortunate accidents, but many are due to the negligence of another party.
When your injury results from another individual or organization’s negligence, you can be entitled to compensation through a personal injury claim. Our Radcliff personal injury lawyers at Musselwhite Meinhart & Staples have managed claims of all types and sizes and have helped recover millions of dollars for our clients. We are intimately familiar with how to prove negligence in Kentucky court and can work to obtain compensation for physical, emotional, and financial damages. Our team can evaluate the facts of your case and advise on what legal solutions may be available to aid in your recovery.
Proving Negligence in Kentucky
In any type of personal injury case, negligence will need to be proven to recover damages. Proving negligence is a complex, highly specific legal process that should not be attempted without qualified legal representation.
Successfully establishing negligence in a personal injury claim in Kentucky requires proving the following elements:
- The defendant owed you some level of duty of care.
- The defendant failed to meet that duty of care.
- If the defendant had not failed to meet the duty of care, the defendant would not have been injured.
- The defendant’s failure to meet duty of care directly caused the personal injury.
- You have resultantly suffered injuries and other forms of loss.
This can be hard to wrap your head around. In short, you will have to prove a person or a business’s actions or failure to act in a situation where they owed you some level of reasonable safety directly led to your personal injury.
For example, you could enter a business’s building. The business arguably owes you some level of duty of care when you are a customer in their store. However, the business failed to clean up a large spill that made its floor slick. They also failed to put up any sign warning you of the floor’s condition. As a result, you fall and fracture your wrist. It is reasonable then to assume the injury would not have occurred had the business addressed the slick floor, which was also the direct cause of your fall. You now have an injury that prevents you from working your desk job for several days and medical bills for the care of your wrist. You can pursue financial compensation from the business as a result of these damages.
In many situations, the statute of limitations for personal injury cases is quite limited. You will likely only have 1 year to file a personal injury claim, though some cases involving car accidents will have 2 years to file. If you are only seeking the repair or replacement of damaged property, you sometimes also have 2 years to pursue a claim. It is imperative you immediately speak to an experienced attorney after suffering a personal injury to review your legal options.
Slip and Fall Injuries in Kentucky
An unexpected fall can result in damaged property – especially if you were carrying fragile items – and serious physical injury, especially if you landed on a sharp or hard surface. These types of injuries can occur on either residential or commercial properties. Regardless of the severity of the damages, you may be entitled to compensation if the fall occurred due to the negligence of the property owner.
One of the most common causes of a slip and fall injury is a slippery floor, especially in a commercial environment like a grocery store. In these situations, it is the responsibility of the business entity to maintain a safe environment for customers. Messes that contribute to slippery surfaces should be promptly cleaned or cordoned off with cones or warning signs. If none of these elements were in place at the time of your fall, there is a good chance you have a case.
The state of Kentucky evaluates slip and fall claims in terms of comparative negligence, meaning they will seek to determine the percentages of fault between the two parties. Understanding comparative negligence is important, as it impacts how much you can potentially recover in a lawsuit. Going back to the grocery store example, if the business is found to be 70% at fault, you can only recover 70% of your total damages if successful in your lawsuit.
If you were the victim of a slip and fall accident, you might be wondering how the offending individual or business could be found only partially accountable. Unfortunately, offenders will try and use every trick in the book to avoid culpability. They claim that there were obvious signs of danger that you should have recognized, that you ventured into an area you should not have been in, or were not paying sufficient attention while walking. Our Radcliff personal injury attorneys will defend you against these types of arguments and work to maximize the damages you can recover.
Dog Bites in Kentucky
The state of Kentucky has extremely strict laws governing the responsibility of dog owners and protecting victims who suffer a dog bite or any other type of injury. In short, a dog owner is liable for any damage or injury their causes to a person or their property.
In the eyes of state law, it does not matter if the dog owner made every effort to control their animal or took reasonable steps to prevent an incident. It also does not matter if a dog has never been aggressive or violent before. If a dog attacks you or damages your property, the owner is liable.
Unlike some other states, Kentucky does not have liability exceptions for dog attacks involving trespassing or provoking the animal. This means that an owner is liable even if someone is trespassing on the owner’s property and openly provoking the animal. However, injuries resulting from a dog attack are still evaluated under comparative negligence rules. This means that a court will assign a percentage of culpability to each party, which can limit your ability to collect damages.
Consider an example where someone tosses objects at a dog across a park, seemingly provoking an attack. A court might find them 60% negligent since they seemed to prompt the incident. This means they can still pursue damages for injuries sustained, but you will only be able to recover 40% of the total.
No matter the specifics of the situation, there is a strong chance you are potentially entitled to some level of compensation if you have suffered injuries from a dog bite or attack. We can assess the facts of your case and fight for you in court.
Other Types of Premises Liability in Kentucky
Slip and fall injuries and dog bites are two of the most common types of “premises liability” incidents that can lead to a personal injury claim. Negligence of a business or individual can lead to other types of problems that can also warrant pursuing the recovery of sustained damages.
Other common incidents involving premises liability in Kentucky include:
- Inadequate maintenance. If defective elements of a building or facility lead to an injury, and the defective elements are the result of poor or nonexistent maintenance, you may have a case. This can include situations where deteriorating stairs or handrails break.
- Snow or ice-related injuries. If you are injured due to a failure to address accumulating snow or ice on a property, the owner may be liable.
- Toxic fumes or chemicals. If you are exposed to dangerous materials without ample warning and are injured as a result, there is a good chance you could be entitled to compensation.
- Insufficient security leading to an injury. If a lack of security at a particular location creates an unsafe environment that leads to an injury or assault on the premises, you will likely have a case.
Car Accidents in Kentucky
Injuries resulting from a car accident can be severe. Because these cases are especially complex and typically involve relief from insurance companies, personal injury suits work a bit differently. We can determine if pursuing a suit beyond an insurance company settlement makes sense and, if so, guide you through the process of filing a lawsuit against a negligent driver.
Do Not Face a Personal Injury Claim Alone
Even the most open and shut personal injury claims can be difficult to prove, especially if the offending party has access to experienced legal representation. Our Radcliff personal injury lawyers at Musselwhite Meinhart & Staples can fight for you and give your claim the legal support it needs and deserves. With over 100 years of combined legal experience, we are intimately familiar with the legal systems involved in proving negligence in court and will leverage that knowledge to pursue the best possible outcome in your case.
Our law firm provides a full range of legal services to help you and your family achieve your goals. We speak your language. We are here to help you understand your legal options, what to expect and what steps we can take to protect you.
Our firm offers over the phone and video consultations for your safety and convenience. All consultations are free.
Our attorneys treat you like family. We care about helping you find the best resolution to your case.
We are accessible to our clients and are available 24/7.
Our attorneys offer honest advice and tailored solutions to your unique goals.
We are friendly and approachable lawyers who listen and understand your needs.
Our attorneys have decades of experience with successfully handling a variety of legal matters.