Slip & Fall Attorney Serving Ashland & Paintsville
Slip and fall injuries can occur anywhere, whether out in the world or in the safety of your own home. When a slip and fall accident happens on another person’s property, someone may be liable for your injuries. If you sustain an injury from a slip and fall accident and the medical bills are too much for you, consider a civil tort case.
A tort case does not bring criminal charges against the person liable for your injury, but instead requires the liable party to pay any monetary damages you have suffered because of the accident. Take a look at how slip and fall accidents and personal injury suits work in Kentucky.
Kentucky Statute of Limitations
All personal injury cases have a statute of limitations. That means you are required to file your case within a certain amount of time for it to be considered valid. In Kentucky, the statute of limitations is one year from the time of the accident. You should speak with a personal injury attorney in Kentucky immediately following a slip and fall accident.
What Is Negligence?
Negligence is a major determining factor in personal injury cases, including slips and falls. When you are hurt in an accident, it is your duty to prove the other party was negligent in some way. For example, if you were visiting the pharmacy to pick up your prescription and the icy sidewalk outside was not shoveled or salted, the owner of the pharmacy may be considered negligent. It is a business owner’s duty to maintain a safe environment on his or her property, which includes salting the sidewalk or erecting a sign when it’s icy.
What if I Am Partially at Fault for My Accident?
Kentucky follows comparative negligence. This means you can still seek damages even if you were partially responsible for your own accident. For example, if there was a sign alerting you of the icy conditions and you chose to ignore it, you are partially at fault. In a comparative negligence case, both parties will be assigned a fault “percentage.”
For example, if the damages totaled $100,000 and you were found 20% at fault, you would receive the remaining 80% of the damages, or $80,000.
Proving negligence is the most important part of any personal injury case. An experienced attorney will collect evidence, like medical bills or witness accounts, to lessen your fault in the accident.
What Kinds of Damages Can I Seek?
There are a number of damages you can claim in a slip and fall personal injury case. Damages are any physical or financial setbacks you have experienced as a result of the accident. These include medical expenses, like hospital bills and physical therapy, lost wages if you were unable to work, and pain and suffering based on how extensive the injury is. In rare cases of brain injury it may be impossible to return to work. There are other incidental expenses which do not fit neatly into those categories, and your personal injury attorney can tell you if they are eligible.
Kentucky Personal Injury Attorneys
Salyer Law Office serves Paintsville, Kentucky, and all surrounding communities. Our firm helps victims of personal injury accidents, like slips and falls, recover compensation for their losses. We have handled suits of all sizes, from large corporations to individual people. Contact the Salyer Law Office to speak to an attorney about your slip and fall accident.