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Louisville Personal Injury Lawyer

Injuries happen unexpectedly, and they can lead to major setbacks for victims and their families. Injury victims and their loved ones not only have to deal with the injury itself but also with a significant financial burden that these situations cause. At Meinhart, Smith & Manning, PLLC, we are here to help when you need a Louisville personal injury lawyer. Our dedicated and experienced team has the resources necessary to fully investigate your claim and recover the compensation you deserve.

Louisville Personal Injury Resources

Why Choose The Injury Lawyers at Meinhart, Smith & Manning, PLLC?

After sustaining a serious injury caused by another party, the team at Meinhart, Smith & Manning, PLLC is ready to stand by your side:

  • We have extensive experience helping residents in Louisville and throughout the state of Kentucky handle the aftermath of their injury cases.
  • For clients that are unable to travel, we can arrange to visit you in the hospital or at your home.
  • We will work diligently to secure full compensation for your claim, and we are not afraid to take a case to trial if that is what it takes to win.

What Is an Injury Lawyer and How Are They Different From Other Lawyers?

If you simply look for an attorney in Louisville, you will be inundated with all kinds of lawyers. However, your case needs to be handled by a knowledgeable and experienced Louisville personal injury attorney. At Meinhart, Smith & Manning, PLLC, our attorneys specialize in personal injury law.

We understand the tactics that insurance carriers and at-fault parties use in these cases. We know how to ensure that our clients are evaluated by trusted medical professionals, and we know how to properly calculate their total expenses. You do not want a real estate or tax attorney handling your personal injury case. You want an injury lawyer with a history of securing multimillion-dollar successful verdicts and settlements for injury victims.

What Types of Cases Do Our Louisville Injury Attorneys Handle?

The skilled personal injury team at Meinhart, Smith & Manning, PLLC has extensive experience handling all types of injury cases in the Louisville area. This includes the following:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bus accidents
  • Aviation accidents
  • Nursing home abuse and neglect
  • Pedestrian and bicycle accidents
  • Medical malpractice claims
  • Construction site accidents
  • Boating accidents
  • Insurance coverage issues
  • Slip and fall accidents
  • Swimming pool accidents
  • Defective products
  • Dog bite incidents

We are also here to help families who have lost loved ones due to the careless or negligent actions of another person. At Meinhart, Smith & Manning, PLLC, our Louisville wrongful death attorneys are ready to help families get through this difficult time and obtain closure for what has happened.

Do You Handle Cases Involving Medical Malpractice?

The team at Meinhart, Smith & Manning, PLLC has vast experience handling medical malpractice cases. Medical mistakes are the third leading cause of death in the United States, according to researchers at Johns Hopkins University. Our Louisville personal injury attorneys regularly help clients who have sustained injuries due to surgical mistakes, prescription drug errors, retained foreign objects, misdiagnosis, failure to diagnose, hospital and emergency room errors, unnecessary procedures, birth injuries, and more.

What About Defective Medical Devices and Defective Prescription Drugs?

Our medical malpractice and product liability attorneys also regularly handle cases involving defective prescription drugs and defective medical devices. This includes, but is not limited to, IVC filters, Essure contraceptives, faulty knee and hip replacements, defective hernia meshes, Invokana, Viagra, Taxotere, Risperdal, and more.

PI attorneys in Louisville

Proving Negligence in Louisville Personal Injury Cases

It is vital to prove negligence in a Louisville personal injury case. Without being able to prove which party was negligent, it can be difficult to secure compensation for your injuries. A personal injury attorney in Louisville will use their resources to uncover all evidence related to a case. This can include photographs from an injury incident, video surveillance from nearby buildings, statements from eyewitnesses, accident reports, and more.

What Constitutes Negligence in Louisville, KY?

There are four basic elements of negligence for a Louisville personal injury case. Briefly described, these include:

  1. Duty. Showing that the defendant (the at-fault party) owed a duty of care to the plaintiff (the injured party) under the circumstances.
  2. Breach. Showing that the defendant breached their legal duty by acting carelessly or negligently or by failing to act to prevent an injury.
  3. Causation. Showing that the defendant’s breach of duty was the cause of the plaintiff’s injuries.
  4. Damages. Showing that the plaintiff was injured and sustained some kind of damages (medical bills, lost income, out-of-pocket expenses, pain and suffering, etc.).

How Much Time Do I Have to File a Personal Injury Claim In Kentucky?

The State of Kentucky has a relatively short period of time available for injured victims to file claims. This time limit, legally known as the statute of limitations, is one year for injuries from the date the accident occurred.

KRS 413.140(1)(a) outlines that a legal action must be filed within one year from the date of the personal injury accident. Injuries to personal property have a statute of limitations of two years. People that have been victimized from a personal injury must ensure that the claim is filed within the statute of limitations period.

Individuals that have been  victimized by a personal injury in Kentucky need to act quickly to ensure that any potential suit is filed within the statute of limitations period. Failure to file a personal injury claim within this allotted period can result in the injured victim being unable to file the claim.

Due to the short statute of limitations period in Kentucky, it is imperative for injured victims to begin their legal process as soon as possible after the accident. Not only does the statute of limitations clock begin to run the day the accident occurs, but individuals are much more likely to recall, with accuracy, the details surrounding the injury.

What Kind of Damages Can Be Recovered in a Personal Injury Case?

Dependent on the unique facts of your case, a personal injury victim can be awarded compensation for various types of damages. Some common damages resulting in financial awards involve:

Property Loss – In the event that a victim’s property, vehicle or other valuable asset is destroyed from the accident in question, the victim can be awarded damages for the property and/or assets lost from the accident. Dependent on the specific value of the damages incurred, the victim should be compensated for the market value of any property loss during an accident not at fault of their own.

Medical Treatment – The cost for medical treatment in the United States is the highest in the world with an average hospital night in 2014, costing more than $4,000 a day. Due to these  incredibly high costs associated with emergency room visits, medication, medical treatments, follow up appointments and medical devices, a victim that has suffered a personal injury can not only become crippled physically, but also financially from the injuries and medical bills from the medical treatment. Frequently, financial compensation is awarded to individuals to help offset the costs for medical purposes. 

Lost Wages – If an injured victim is unable to work resulting from the injury, the victim should receive compensation to help offset the wages that would have otherwise been made. If the injuries sustained are so severe that you cannot work in the future, damages can be awarded to help relieve the financial burden associated with being unable to work.

Pain and Suffering – If a victim suffers pain and suffering resulting from a personal injury case, the victim may be compensated for the injuries sustained in the accident. If the victim will have pain and suffering for an extended period, or the rest of the victim’s life, this will be taken into consideration when awarding damages for injuries.

Emotional Distress – Some injuries can heal on their own, while other types of injuries can take much longer to heal. Damages awarded for emotional distress take into account the mental and emotional impacts that an accident can cause an individual. Psychological trauma can last long after the physical wounds have healed. Emotional distress damages account for loss of sleep, anxiety, depression and mental anguish suffered as a result of the accident.

Loss of Enjoyment of Life – If injuries suffered are so severe that they impact the hobbies, mobility or other recreational and everyday activities –  an injured victim can be awarded damages for the loss of enjoyment suffered.

Loss of Consortium – For victims involved in personal injury cases, loss of consortium will take into account the relationship with the victim’s significant other and the ability to maintain sexual relationships with their partner. If an injured victim suffers these kinds of damages, the spouse may receive.

How Do Injured Plaintiffs Get Paid After a Check is Received?

Generally speaking, the injury settlement money or judgement is sent to the law firm that has taken on the personal injury case from the at-fault party’s insurance company. If the firm worked on a specific case under a contingency fee agreement, the law firm will take the previously agreed upon rate and and disperse the funds to the plaintiff involved in the case.

A law firm may deduct specific fees and expenses from the money received to offset out-of-pocket fees associated with the case. These fees can include costs associated with filing fees, evidence collection, fees for experts involved in accident reconstruction, trial exhibits and depositions. Additional fees may include other services involved in the case.

Ask a personal injury attorney about any of these associated costs early on in the process. Generally speaking, a plaintiff involved in a case will need to sign a contingency fee agreement. This agreement will outline the amount of money agreed upon by the plaintiff and their legal representation.

Is it Worth it to Hire an Injury Attorney in Louisville, Kentucky?

When you have been injured due to the negligence of another person, having a personal injury attorney in Louisville by your side could mean the difference between securing less that what your claim is worth and obtaining maximum compensation for your injuries. Because you offer a free consultation, you lose nothing by asking us to take a look at your case. At Meinhart, Smith & Manning, PLLC, we take these cases on a contingency fee basis, so you will owe nothing until we secure the compensation you need.

What Does a Personal Injury Lawyer Typically Cost?

In the aftermath of sustaining an injury caused by another person, victims often struggle financially. Between contending with regular household expenses as well as incoming medical bills, this can be a challenging situation. That is why the experienced legal team at Meinhart, Smith & Manning, PLLC takes Louisville personal injury cases on a contingency fee basis. This means that we charge no upfront or out-of-pocket costs for a case, and we only collect legal fees after we secure the compensation our clients need.

Louisville personal injury attorney

How Can a Personal Injury Attorney Help my Case?

Victims involved in personal injury cases are able to recoup far more in damages then when working without a personal injury attorney. According to the Insurance Resource Council, personal injury victims can recoup as much as 350% more compared to injured counterparts that do not work with an attorney to recoup damages.

It is important for an injury victim to consult with a few different personal injury attorneys before engaging (entering contract) with any attorney. Dependent on several factors including personality, goals and payment terms, one personal injury attorney may fit the needs and goals of a victim better than another attorney in the same area. At Meinhart, Smith & Manning, PLLC our Louisville PI attorneys only collect money from our clients if we are the prevailing party. By consulting with a few different attorneys, victims of personal injury can ask important questions pertinent to their case and goal. It is best to reach out to at least two personal injury attorneys before making a decision on the personal injury attorney you wish to hire.

How Much is My Personal Injury Case Worth in Kentucky?

There is no set amount of money available to personal injury victims in the state of Kentucky. If an individual sustains an injury caused by the careless or negligent actions of someone else, they may be able to recover compensation either through an insurance settlement or as a result of a personal injury jury verdict. The total amount of compensation available will vary depending on the facts and circumstances surrounding each particular situation. Some factors that can affect total compensation amounts for a Kentucky personal injury claim include the following:

  • The severity of the injury
  • How long it takes a victim to recover
  • The amount of household out-of-pocket expenses of victim incurs
  • The total level of physical and emotional pain and suffering
  • Whether or not other come is able to return to work

Our Kentucky personal injury lawyers strive to recover both economic and non-economic damages on behalf of all of our clients. The amount of money a victim receives for the following will vary significantly from case-to-case.

  • Economic damages. This is also referred to as special damages and focuses on the calculable types of losses an injury victim will sustain in these cases. This can include:
    • Medical bills resulting from the incident
    • Lost wages if a victim cannot work
    • General household out-of-pocket expenses
    • Property damage expenses
    • The cost of any prescription medications or medical devices
  • Non-economic damages. This is also referred to as general damages, and these are more immeasurable than the economic damages just mentioned. There will be no bills or receipts that can be added up to measure the level of a personal injury victim’s:
    • Physical pain and suffering
    • Emotional and psychological distress
    • Loss of enjoyment of life
    • Loss of consortium for a spouse or family member

Should I Settle With an Insurance Company?

Even though the vast majority of personal injury claims will likely end up being resolved after negotiations with an insurance carrier, we strongly caution individuals from accepting insurance settlement offers right away. In fact, we recommend that you work with a skilled personal injury lawyer before you enter into any type of negotiation with the insurance carriers.

One of these most common tactics that insurance carriers will use to limit how much money they payout is to offer a very quick settlement, sometimes within a week or so after an injury occurs. Insurance carriers know very well that injury victims will likely not know the full extent of their losses at that point. However, insurance carriers also know that those involved in an accident may be pressed for money, particularly if they cannot work while they recover. It can be very tempting for an injury victim to take a first settlement offer, but this first offer is likely far below what the person should be receiving.

It is important to think of initial settlement offers as the starting point of negotiations towards recovering full compensation for your losses. Yes, negotiating with insurance carriers can seem intimidating. However, that is what your personal injury lawyer in Kentucky is for. Your attorney will be responsible for handling all negotiations with insurance carriers and legal teams for the at-fault party while you focus on recovering from your injuries.

Free Consultation with Our Experienced Louisville Legal Team

If you or somebody you care about has been injured due to the careless or negligent actions of another person, business, or entity, you need to speak to an injury attorney as soon as possible. At Meinhart, Smith & Manning, PLLC, our knowledgeable and experienced team is ready to conduct a full investigation into your case so we can obtain maximum compensation for your losses. We are not afraid to stand up to aggressive insurance carriers, and we have the resources to handle every aspect of your case, including a full trial if necessary. When you need a Louisville personal injury lawyer, you can contact us for a free consultation of your case by clicking here or by calling (502) 589-2700.