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