Personal Injury Attorney in Jackson, Kentucky
According to 2019 Traffic Collision Facts from the Kentucky State Police, there were 156,758 traffic collisions reported statewide, causing 33,686 injuries and 745 fatalities. Being injured in an accident caused by someone else's negligence can be emotionally overwhelming. Fortunately, Kentucky personal injury laws exist so that accident victims can hold the responsible parties accountable for their injuries and recover financial compensation.
If you or a family member have suffered an injury due to another person's actions, it is important that you hire an experienced Kentucky personal injury attorney to protect your rights. At the Law Office of Patrick E. O'Neill, PSC, I have been providing comprehensive legal counsel, support, and compassionate representation to personal injury victims and their families for over two decades. I can fight diligently to protect your legal rights and help you seek fair compensation for your injuries, property damages, and any additional pain and suffering.
My firm, the Law Office of Patrick E. O'Neill, PSC, proudly represents personal injury victims throughout Jackson, Kentucky, and the surrounding areas of Campton, West Liberty, Booneville, and Stanton.
Types of Personal Injury Cases
I’m committed to offering experienced legal services, reliable advocacy, and strong representation to clients in various personal injury cases, including, but not limited to:
Slip and fall accidents
Dog bites and other animal attacks
Wrongful death claims
Premises liability cases
Toxic substance or chemical exposure
Workers' compensation claims
Personal Injury Claims in Kentucky
Kentucky is a "choice no-fault state." Under this system, the accident victim will turn to their insurance company to seek compensation for medical expenses and other financial losses suffered due to the accident, regardless of who was at fault. Motorists in Kentucky must carry an auto insurance coverage referred to as a Personal Injury Protection (PIP) policy. The PIP benefits pay for up to $10,000 in medical bills, lost wages, and other "out-of-pocket" costs related to the accident.
Accident victims are allowed to "opt-out" of the no-fault system and file a lawsuit against the at-fault party, provided that their injuries meet particular thresholds. In order to opt-out of the no-fault system, the accident must have resulted in:
At least $1,000 in medical bills
Permanent disfigurement, fracture of a weight-bearing bone, permanent injury, displaced fracture of any bone, or any permanent loss of a body function to the plaintiff
Furthermore, your decision to opt-out of no-fault must be in writing, using the Kentucky No-Fault Rejection Form. You're also required to file the form with Kentucky's Department of Insurance.
Comparative Fault Rule
The Commonwealth of Kentucky operates under a "pure comparative fault" rule. According to this system, an accident victim may be allowed to recover damages even if they were partially or mostly responsible for their injuries, but the amount of damages that may be recovered will be reduced by their percentage of fault.
For example, if the judge awards $70,000 in total damages but finds you to be 10% liable for your injuries, your compensation will be reduced by $7,000. The total amount of damages you may recover will be 90% of $70,000 ($63,000). Under Kentucky's pure comparative fault system, you may still recover damages even if you are determined to have been 99% at fault for the accident.
Statute Of Limitations
According to Kentucky Revised Statutes Section 413.140(1), personal injury lawsuits must be commenced within one year from the date of the accident or injuries.
Kentucky has a separate statute of limitations, however, that applies to car accident lawsuits. Under Kentucky Revised Statutes Section 304.39-230, auto accident victims will have up to two years to commence a civil action against the at-fault party from the date of the accident or date of the last PIP payment.
Filing a Personal Injury Claim
To recover damages for your personal injury, the available options include:
Filing an injury claim against your own insurance carrier
Filing a third-party claim against the insurance company of the at-fault party
Filing a personal injury lawsuit against the at-fault party in civil court
If you have suffered an injury, you may recover the following damages by filing personal injury claims against the at-fault party:
Lost wages and benefits
Diminished earning capacity
Loss of quality of life
Repair or replacement of damaged property
Costs of living with a disability
Pain, suffering, and disfigurement
Loss of consortium
Punitive damages to further punish the defendant (at-fault party)
Hire a Knowledgeable
Personal Injury Attorney
Being in any kind of accident can be devastating and affect your mental, physical, and financial well-being. You don't have to face it all on your own. When injured in an accident, you need to act quickly and retain a knowledgeable Kentucky personal injury attorney to advocate for your rights and help you seek fair compensation.
At the Law Office of Patrick E. O'Neill, PSC, I have devoted my career to handling personal injury cases and protecting accident victims and their loved ones. As your legal counsel, I can:
Fight to protect your rights and represent your best interests
Review every aspect of your personal situation and conduct a thorough, private investigation
Evaluate accident reports, interview accident witnesses, and gather the required documentation
Determine the full extent of your injuries, losses, and estimate case-value
Seek to prove fault and establish liability
Handle all communication and help negotiate a fair settlement with the insurance company
Take additional legal action, when necessary
I will work diligently to hold the responsible parties accountable and continue fighting on your behalf to maximize the value of your claims. Having me on your side can improve your chances of obtaining a favorable outcome in your personal injury case.
Personal Injury Attorney
Serving Jackson, Kentucky
If you or a loved one was injured by the negligent actions of another party, contact my firm — the Law Office of Patrick E. O'Neill, PSC — today to schedule a free consultation. I can offer you the legal guidance and strong representation you need. My firm proudly serves clients across Jackson, Campton, West Liberty, Booneville, and Stanton, Kentucky.