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Kentucky
Personal Injury Law
The following summary of Kentucky personal injury laws and case types
will help you understand important aspects of injury claims in
this state.
Kentucky Statute of Limitations:
Personal
Injury: For general personal injury, 1 year.
Medical
Malpractice: 1 year from discovery of the injury.
Products
Liability: 1 year.
Caps on Personal Injury Awards in Kentucky:
There are no personal
injury damages caps in Kentucky.
Kentucky Serious Injury Threshold:
There is a monetary threshold of $1000 in the state of Kentucky.
Kentucky is a
no fault state and follows the pure comparative fault
theory which means that a plaintiff can recover even if he or she is up
to 99% at fault.
Personal Injury Claims & Theories of
Liability in Kentucky:
Wrongful
Death Cases: Whether it is due to medical malpractice, an
automobile accident or any other negligence, if a party dies as a
result, the negligent party will be liable to the victim’s estate for
the value of the party's life - based upon factors such as age, health
and income at the time of death.
Slip and
Fall Accidents: If a property owner fails to reasonably
inspect his property and make it safe or warn potential plaintiffs, he
will be liable for any injuries that result due to hazardous conditions.
Auto
Accident Claims: If a party drives negligently and as a
result injures another whether they are a pedestrian, driver or
passenger, the negligent driver can be held liable for any injuries
that result.
Product
Liability Lawsuits: Products have the potential to injure
consumers even when they are presumed safe. As a result the designers,
manufacturers and distributors will be held strictly liable for damages
that occur through reasonable use of that product.
Workers'
Compensation Laws: In Kentucky, employers are compelled (or
required) to carry workers compensation insurance to protect their
employees against workplace injuries. In the event of an injury, this
insurance will cover medical expenses and settlements.
Medical Malpractice:
The duty of a doctor is viewed in light of other similarly situated
doctors in their community. When assessing breach of duty, one must ask
whether the doctor exercised that degree of care and skill normally
exercised by a physician of like experience and education in the
community.
For More
Information Check out these sites:
Official
Kentucky State Government Website
Kentucky
Insurance Department
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