Car and truck accidents, premises liability, wrongful death, and other Kentucky injury claims.
Quick answer: The general personal injury statute of limitations in Kentucky is one year from the injury under KRS 413.140(1)(a). Motor vehicle accident claims get two years from the accident or the last PIP payment under KRS 304.39-230. Claims against the government and claims involving minors or wrongful death follow different rules, so confirm the…
Quick answer: After a Kentucky car accident: check for injuries and call 911, document the scene with photos and witness information, get medical attention even if you feel fine, report the crash to your own insurer, avoid recorded statements or admissions to the other driver’s insurer, keep every record, and remember the two-year deadline under…
Quick answer: After a hit and run in Kentucky, report it to police immediately (leaving an injury accident is a felony under KRS 189.580), then look to your own uninsured motorist coverage, which pays for injuries caused by an unidentified driver. Your PIP benefits still cover initial medical bills, and if the driver is later…
Quick answer: Kentucky recognizes two emotional distress claims. Intentional infliction requires outrageous conduct intended to cause severe distress that actually does so. Negligent infliction requires ordinary negligence plus a serious or severe emotional injury, usually established with expert testimony. Both carry a one-year limitations period under KRS 413.140. Emotional suffering is real, and in certain…
Quick answer: A Kentucky wrongful death claim belongs to the estate and must be filed by the court-appointed personal representative under KRS 411.130, not by individual relatives. Damages include the decedent’s lost earning power and, in a companion survival claim, pre-death pain and suffering; proceeds are distributed to the spouse, children, or parents in the…
Quick answer: Texting while driving is illegal in Kentucky under KRS 189.292, and a violation is negligence per se. To prove the other driver was on a phone, act quickly to preserve cell phone records through a subpoena or litigation hold, obtain witness statements, dashcam and event data recorder evidence, and, in serious cases, an…
Quick answer: Kentucky personal injury damages fall into economic losses (medical bills, lost wages, future care), non-economic losses (pain, suffering, loss of enjoyment of life), and in cases of gross negligence or malice, punitive damages under KRS 411.184. Under KRS 411.182 the total is reduced by your percentage of fault, and under the collateral source…
Quick answer: Workers’ compensation is normally the exclusive remedy for a Kentucky workplace injury under KRS 342.690, but you can sue in court when a third party other than your employer caused the injury, when the employer intentionally harmed you, when the employer failed to carry required coverage, or when you were fired for filing…
Quick answer: Kentucky property owners owe invitees a duty to find and fix or warn of dangerous conditions, including unfenced or poorly maintained pools, defective stairs and handrails, and parking lots with inadequate lighting or security. The owner’s knowledge of the hazard and whether it was open and obvious are the central questions in these…
Quick answer: Motorcycle accident claims in Kentucky differ from car claims in one critical way: motorcycles are excluded from the no-fault system under KRS 304.39-020, so riders typically have no PIP coverage and sue the at-fault driver directly without meeting a threshold. Juror bias against riders and catastrophic injuries make liability proof and UM/UIM coverage…