{"id":870,"date":"2022-09-29T12:55:33","date_gmt":"2022-09-29T17:55:33","guid":{"rendered":"http:\/\/gsasold.swslocal\/?post_type=blog-posts&p=788"},"modified":"2023-08-23T22:16:34","modified_gmt":"2023-08-24T02:16:34","slug":"kentucky-lawsuit-hurdles","status":"publish","type":"post","link":"https:\/\/gsaslaw.com\/blog\/kentucky-lawsuit-hurdles\/","title":{"rendered":"The 5 Biggest Hurdles to Winning Kentucky Personal Injury Cases"},"content":{"rendered":"

If you or a loved one are the victims of a personal injury accident you may be wondering what hurdles you may have to jump over to win your Kentucky personal injury case. There are a number of difficulties that you can face but luckily an experienced personal injury attorney from <\/span>Spivak & Sakellariou <\/span><\/a>can help you with each one. At GSAS we are dedicated personal injury attorneys. We can help make sure you take the right steps following your accident to avoid being taken advantage of.<\/span><\/p>\n

1.<\/span> What is a Kentucky Personal Injury Case?\u00a0<\/b><\/h2>\n

A Kentucky personal injury case is one that involves the intentional or unintentional infliction of injury to a person. This includes cases where a person has suffered any type of physical or mental harm, as well as cases where they have been psychologically damaged.\u00a0<\/span><\/p>\n

Generally, within a personal injury case a court will assess the following three factors to determine fault: <\/span>liability, negligence, and intention.<\/span><\/a>\u00a0<\/span><\/p>\n

Lia<\/span>bility<\/span><\/em><\/h4>\n

How responsible is the defendant for the circumstances around the personal injury? Responsibility is always the determining factor of liability and intentions or a person\u2019s mental state is not taken into consideration when considering liability.\u00a0<\/span><\/p>\n

Negligence<\/span><\/i><\/h4>\n

A defendant’s negligence is determined by taking into account the failure of the defendant to act in a manner that is deemed acceptable for people within circumstances. For example, if a shopkeeper did not place a \u201cWet Floor ” sign on his floor when it was wet and a customer slipped and was injured, that shopkeeper was negligent in warning others about the dangerous floor.<\/span><\/p>\n

Intention<\/span><\/i><\/h4>\n

The intention of the defendant is considered in some, but not most, personal injury cases. Intention is the act of personal injury with a purpose in mind. For example, a defendant who is accused of inflicting assault or emotional distress.\u00a0<\/span><\/p>\n

2. Waiting Too Long to File a Personal Injury Lawsuit\u00a0<\/b><\/h2>\n

In general, the statute of limitations for a Kentucky personal injury lawsuit is one year. This means that after you have been injured, you have one year to file a claim. If you wait until after the statute of limitations you will be unable to pursue a case to receive proper compensation.\u00a0<\/span><\/p>\n

There are two year statute of limitation for certain personal injury lawsuits. They are:\u00a0<\/span><\/p>\n