Traumatic brain injuries have a debilitating impact on victims’ lives. If someone else is responsible for the harm you sustained, you might wonder how you can hold them accountable.
A dedicated Shepherdsville traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers is here to offer legal guidance and support during this trying time in your life. In addition, we’ll explain how we’ll help you seek maximum compensation for your losses.
Should You Sue For a Traumatic Brain Injury in Shepherdsville?
Did someone else cause the accident that led to your subsequent traumatic brain injury? If so, you could compel them to cover your costs. After all, why should you be stuck covering the substantial expenses and dealing with the emotional trauma associated with an accident someone else caused?
However, just because someone else caused your accident does not qualify you to pursue your case. Instead, you must also have endured damages to recover compensation. These could consist of economic or noneconomic damages.
Some damages you could recover in your claim include:
- Current and expected medical expenses
- Lost income
- Loss of potential future earnings
- Loss of household services
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Skin scarring and disfigurement
- Property damages
- Loss of consortium
How Our Traumatic Brain Injury Lawyers Serving Shepherdsville Can Help
Still unsure whether you can move forward with a traumatic brain injury claim in Shepherdsville? We can discuss your situation during a free consultation to explore your legal options. Our firm can review your damages in greater detail to ensure we account for every loss and calculate your claim’s total value.
In addition, we can help you build your case by:
- Investigating the accident and gathering evidence, such as police reports, medical records, video surveillance, and accident scene photos
- Speaking with eyewitnesses and experts regarding your accident and prognosis
- Identifying all liable parties and filing claims on time with their insurers
- Speaking on your behalf and negotiating for a fair settlement
- Representing your interests in court if necessary
For a free legal consultation with a traumatic brain injury lawyer serving Shepherdsville, call 800-333-9999
How Traumatic Brain Injuries Occur
Traumatic brain injuries are one of the most debilitating injuries a person can experience. They typically result from an accident such as a slip and fall. However, some accidents and incidents in Shepherdsville cause traumatic brain injuries more frequently than others. Some of these include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Work-related accidents
- Construction accidents
- Factory accidents
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Slip and fall accidents
- Domestic violence
- Physical assaults
- Sports injuries
- Swimming pool accidents
- Trampoline accidents
- Defective products
However, no matter the incident, we could assist if someone’s negligence led to the accident that caused your traumatic brain injury.
Shepherdsville Traumatic Brain Injury Lawyer Near Me 800-333-9999
Kentucky Personal Injury Laws That Could Affect the Outcome of Your Case
Once you have decided to move forward with your traumatic brain injury claim in Shepherdsville, you’ll want to understand Kentucky’s personal injury laws that could significantly affect your case.
Statute of Limitations for Traumatic Brain Injury Lawsuits
You must file a personal injury claim for a traumatic brain injury before the statute of limitations expires. However, Kentucky uses two statutes of limitations for personal injury claims.
First, if your traumatic brain injury occurred in a motor vehicle accident, you might have two years to file your claim under Ky. Rev. Stat. § 304.39-230. However, if any other accident or incident led to your traumatic brain injury, the statute of limitations could be as short as one year under Ky. Rev. Stat. § 413.140(1).
It is essential to file your lawsuit before the statute of limitations runs out. Otherwise, the court might bar you from bringing your case despite the evidence you’ve compiled.
Living in a Choice No-Fault State
Most states operate under a fault or no-fault system when it comes to vehicle insurance. However, Kentucky is unique with its choice no-fault system.
Kentucky is inherently a no-fault state. Therefore, you must carry personal injury protection (PIP) insurance coverage as part of your auto insurance policy.
However, you can opt out of the no-fault system and decline purchasing personal injury protection coverage. The advantage is that you can file a claim against the liable party’s insurer for severe injuries such as traumatic brain injuries. The downsides include:
- If the liable party did not carry insurance, you might find your ability to recover compensation through an insurance claim reduced or limited.
- If an investigation finds you caused the accident, you risk having the other driver suing you for their damages.
Shared Fault Laws
Many traumatic brain injury victims in Bullitt County do not move forward with their claims because they have concerns that they share fault for the incident. As a result, they believe that will prohibit them from having their cases heard.
However, under Kentucky law, personal injury claims such as traumatic brain injury lawsuits fall under a pure comparative negligence system. Thus, an insurer or a jury allocates fault among all parties involved in an incident and reduces any injury settlement you receive proportionately to your percentage of liability.
For example, if a jury awards you $450,000 but finds you 20% at fault for the car accident that caused your traumatic brain injury, you will recover $360,000.
Call a Traumatic Brain Injury Attorney Serving Shepherdsville for Help
Your traumatic brain injury may have turned your life upside down. However, by recovering compensation for every way your injuries have affected your life, you could ease your financial burden and move toward a brighter future.
Start working on your insurance and civil claims today when you contact a personal injury attorney serving Shepherdsville at Isaac & Isaacs Personal Injury Lawyers. So, schedule your no-cost, risk-free consultation by phone or through our convenient contact form to get started.