NOAKES LAW GROUP
Louisville Personal Injury Attorney
Your Kentucky Personal Injury
Helping Injured Victims in Louisville & Throughout Kentucky
Louisville is Kentucky’s largest city, and for a good reason. Sitting along the Ohio River, Louisville offers culture, entertainment, access to nature, industry, and, of course, the Derby. With a population of nearly 1.4 million, though, accidents are common. Unfortunately, serious and potentially life-threatening personal injuries can occur as a result. At Noakes Law Group, our Louisville personal injury lawyers can provide the legal representation you need if someone else’s negligence has caused you or a loved one harm. To find out more about personal injury cases and how we can help you get the compensation you need to recover, call or contact our office online today.
Call Our Lousiville, KY Law Office Today
Noakes Law Group
10200 Forest Green Blvd. Suite 112
Louisville, KY 40223
Tel: (502) 777-7854
What Is a Personal Injury Claim?
A personal injury claim is a type of civil action that is brought when one person’s negligence causes harm to another, and the injured person wants to seek monetary compensation for their damages. A civil action is completely separate from a criminal action, and many civil offenses are not necessarily crimes.
Depending on the circumstances surrounding a personal injury case, an injured party generally has two options in filing a personal injury claim:
- File a claim through the at-fault party’s insurer: If the at-fault party has insurance in place, it may help offset some of your expenses. At Noakes Law, our Louisville personal injury lawyers negotiate with insurance representatives on your behalf, helping you get the maximum amount in a settlement.
- File a personal injury lawsuit: If insurance is unavailable or fails to cover your costs, you may need to take your case to court. In this situation, a personal injury claim involves a type of civil action, brought when one person’s negligence causes harm to another, and the injured party wants to seek monetary compensation for their damages.
In court proceedings, personal injury cases are categorized as civil action, which is completely separate from criminal action. While the at-fault party may have acted in a reckless and negligent manner, many civil offenses are not necessarily crimes.
In either situation, it is important to seek professional legal help. Our experienced personal injury lawyer can thoroughly review the circumstances surrounding your personal injury case and advise you on the best course of action in seeking financial compensation.
Elements of a Personal Injury Lawsuit
In order to get compensation in personal injury cases, you (the injured party or plaintiff) must be able to prove four elements by a preponderance of the evidence. A preponderance of the evidence means that it is more likely than not.
- Duty. Duty means that the defendant in the case had an obligation to act with a certain standard of care as it pertained to their relationship with you. For example, all drivers on the road have a duty to others to operate their vehicles responsibly.
- Breach of duty. In personal injury cases. You’ll need to prove that the defendant did something to breach the duty of care owed to you—for example, speeding or running a red light.
- Causation. Next, the injured party needs to prove that the breach of duty of care was the proximate cause of the injuries. In other words, you’ll have to prove that your injuries would not have occurred but for the other party’s negligence.
- Damages. Finally, you’ll need to prove the damage you’ve suffered. Both economic and noneconomic damages are recoverable.
5 Mistakes to Avoid in a Personal Injury Case
Most of our clients receive maximum compensation for their injuries. But there are certain mistakes which can make a financial recovery for the injured party in a personal injury case much harder. If possible, avoid these mistakes following an accident:
- Don’t admit fault. Because Kentucky recognizes comparative negligence, you will likely reduce the amount of compensation you receive if you admit being responsible in any way for your injuries.
- Don’t negotiate a settlement on your own. Insurance companies would love nothing more than to see you unrepresented by a legal team. They know that few people can properly value their claims or negotiate effectively.
- Avoid giving a recorded statement without an attorney present. An insurer could try to trick you into saying something that undermines your legal claim. It’s best to always have your attorney sitting in on any conversation you have related to your claim.
- Avoid delay. You don’t get forever to file a lawsuit and vindicate your rights. Please reach out to Noakes Law Group as soon as possible. If you don’t meet deadlines, you could forfeit your right to sue.
- Don’t assume you have no case. We see many people decide that it’s just not worth it to seek compensation for personal injury claims. Let us analyze the facts to determine what is the right course to take.
Types of Cases Our Louisville Personal Injury Attorneys Work on
Our Louisville personal injury lawyer has years of experience representing injured parties in personal injury cases. We take action to help you get compensation and work on a wide range of personal injury claim types, including:
- Car accidents: Car crashes are the most common cause of personal injury. Depending on the type of crash and amount of force involved, a car accident can cause injuries ranging from minor to severe. A car accident can cause broken bones, head injuries, and catastrophic injuries.
- Truck accidents: Truck accidents are usually catastrophic or fatal due to the size of a semi-truck, which can weigh as much as 80,000 pounds. A semi-truck can easily crush a passenger vehicle.
- Wrongful death: Wrongful death can happen in many ways. Car accidents, medical malpractice, slips and falls, defective products, and crimes (such as murder) are some examples.
- Motorcycle accidents: Motorcycles are small and powerful. A person who is not trained on how to ride one can easily get into a serious accident.
- Pedestrian accidents: Many people walk from place to place, but if they are hit by a car, they have no protection. A pedestrian who is hit by a car can suffer catastrophic injuries.
- Bicycle accidents: Many places are not bicycle-friendly. They may not have bike lanes, which means bicycles must ride with cars. This is a dangerous situation.
- Dog bite claims: Dogs are not always man’s best friend. Many are vicious and will cause serious injuries, especially to children and seniors.
- Medical malpractice claims: Doctors have a lot of medical knowledge, but they are not perfect. They can make mistakes that can cause injuries or a worsened condition.
- Birth injuries: The birth of a child is supposed to be a joyous experience. However, labor and delivery can cause complications that can harm a child.
- Premises liability accidents: An accident that happens on someone else’s property, such as a slip and fall, assault, or dog attack, is a premises liability accident
- Defective product claims: The products we buy are supposed to be safe for use. However, defects can cause serious injuries and even death.
- Any type of situation in which personal injuries occur due to the negligence of others involved.
Please call our law firm directly to schedule a free consultation with our Louisville personal injury attorneys. We can explain more about the types of personal injury cases we handle and whether you have a viable claim.
Common Types of Personal Injuries In Louisville
According to statistics from the Centers For Disease Control and Prevention (CDC), nearly 100 people visit hospital emergency rooms each year as a result of serious injuries. When these happen due to negligence on the part of others involved, the injured party has the right to hold them liable for costs they incur as a result.
At Noakes Law, our Louisville personal injury attorney provides the caring support and professional legal representation you need throughout the claims process. Common injuries suffered by clients in personal injury cases we handle include:
- Back and neck injuries include whiplash and vertebrae or disc damage.
- Broken bones may involve multiple fractures.
- Deep cuts and lacerations, which are capable of causing permanent scarring and infections.
- Head injuries, such as concussions and skull fractures, which can end up resulting in traumatic brain injuries (TBI).
- Internal injuries, resulting in internal bleeding and causing damage to body organs.
- Soft tissue injuries, such as muscle strains, sprains, and tears.
- Spinal cord injuries, which can result in either partial or complete paralysis.
As an experienced Louisville personal injury attorney, Noakes Law is committed to helping injured parties in personal injury cases and works hard to get you the settlement that you deserve. Types of damages recoverable in a Louisville, KY personal injury claim include:
- Economic damages. Economic damages are damages for actual monetary losses, such as property damage, lost wages, and medical expenses. You are entitled to compensation in full for your economic losses, which includes both your current costs and any future financial losses you are likely to suffer.
- Noneconomic damages. Noneconomic damages are harder to calculate. They refer to intangible losses in personal injury cases and include compensation for pain, suffering, scarring or disfigurement, and any lost enjoyment in life the injured party or their family experiences. It’s important to work with an attorney who can guide you through the various methods for calculating non-economic damages.
One factor which can reduce the amount of compensation you receive is your own degree of fault. For example, you might not have been paying attention when a speeding motorist hits you, or you could have tripped and fallen because you failed to watch where you were walking. In these examples, a victim shares some fault for the accident, so their compensation is reduced. As an example, if you are 50% to blame, you will receive only half of the compensation you could. If you were a third to blame, then you would receive two-thirds.
Be Aware of the Time Limit
Keep in mind that you do not have an unlimited amount of time to file a claim. If you wish to file a lawsuit and recover compensation for your injuries and other damages, you need to act quickly.
Each state has time limits, or statute of limitations, for filing a personal injury claim. Kentucky has a very short period of time to do so compared to other states. Most states have a statute of limitations of 2-4 years. In Kentucky, you have just one year from the date of the accident to file a claim.
However, there are some exceptions. For example, if the injured person is under the age of 18 when the incident occurs, the clock stops until they reach the age of 18. The one-year period then begins on their 18th birthday. If the injury victim is medically and legally incapacitated, the statute of limitations will be paused until they are once again able to make sound decisions. In cases of permanent incapacitation, a lawyer can file a lawsuit on behalf of the person’s estate and family.
For the most part, though, you will be given just one year to file a claim. Given that this is such a short period of time, you should contact a personal injury lawyer as soon as possible after suffering an injury. Your lawyer can ensure you file your claim in time. If you miss the deadline — even by just one day — you will be barred from recovering any financial compensation at all. This is not a chance you want to take, so don’t procrastinate.
What to Look for In a Personal Injury Attorney
Louisville has hundreds of personal injury lawyers to choose from, so how do you know if Noakes Law is the right law firm for you? When shopping for a lawyer after an accident, we recommend that injured parties look for the following:
- Experience. Your attorney should have ample experience in personal injury law. A divorce lawyer might be a nice guy and know his way around a divorce court, but that doesn’t mean he can bring an effective personal injury claim.
- Passion. You want a lawyer who is passionate about justice for accident victims. The other party across the courtroom is usually an insurance firm with thousands of employees and millions of dollars in profits. We aren’t afraid to take on these big insurance companies on behalf of our clients.
- Knowledge. Obtaining fair compensation in personal injury cases is harder than it looks. A skilled advocate should have detailed knowledge of Kentucky personal injury law and use that knowledge to their client’s advantage.
To help you decide whether we are the right law firm for you, reach out to our Louisville personal injury lawyer today. We can meet for a free consultation. This will allow us to discuss in more detail the services we provide.
What Are You Waiting For?
Don’t make the mistake of waiting too long to seek legal representation and bring forth a case when your future is on the line. As the injured party in a personal injury case, you deserve to be compensated. If you’ve been discriminated against you deserve justice. Reach out to Noakes Law today online or by phone to schedule your free case review and learn more about legal services.
CALL US TODAY 502.777.7854
Call Our Louisville Personal Injury Lawyer Today
If you have been injured in an accident that you believe would not have happened but for the failure of another party to uphold the duty of care owed to you, call our Louisville personal injury attorney at the office of Noakes Law today. We offer free consultations and work on a contingency fee basis.
"I called Noakes Law and they took care of everything. They took my case seriously and treated me so well. They care about you and getting you what you deserve."
Personal Injury Client
"I honestly cannot say enough good about Noakes Law. I was in an auto accident which had several different variables that make my case very difficult to navigate. Ms. Noakes and her team were top notch and went above and beyond to help me. I HIGHLY recommend this law firm to anyone!"
Personal Injury Client