Louisville Personal Injury Lawyer
People who sustain serious injuries because of someone else’s negligence face overwhelming medical costs, disabilities that prevent them from working, and more. They should not have to pay these costs. The Louisville personal injury lawyers at Stein Law are dedicated to holding those who thoughtlessly injure others accountable.
Louisville is Kentucky’s largest city, with a population of over 618,000 people. It neighbors the Indiana border, and its location on the Ohio river offers picturesque views. Louisville boasts many attractions, such as Churchill Downs, where the Kentucky Derby takes place, the Louisville Zoo, and several museums and distilleries.
Louisville is also home to Stein Law. We have more than 75 years of experience, and we are proud to offer our legal skills to the residents of Louisville.
If you have suffered an injury from a car accident, defective product, or medical malpractice, our Louisville personal injury lawyers can help.
Personal injury law, which is also known as tort law, allows a person who suffered harm due to another person or entity’s negligent or intentional conduct to file a civil lawsuit and receive damages for all losses incurred from the incident.
Types of Personal Injury Cases Stein Law Handles
Personal injury cases stem from an intentional act or negligence that results in injury or harm to an individual. The Louisville personal injury attorneys at Stein Law have extensive experience in personal injury cases and a solid reputation for holding the at-fault parties accountable.
The types of personal injury cases we handle are diverse.
Car Accidents
Car accidents are almost always preventable, yet they happen daily and can result in severe injuries with lifelong effects. In a report from the Kentucky State Police, Jefferson County experienced 14,825 vehicle crashes in 2020. Of these accidents, a total of 6,429 people were injured, and 124 were killed.
Truck Accidents
Truck accidents accounted for 4.86% of total crashes reported in 2020, according to the Kentucky State Police. This translates to 8,667 accidents out of 178,214.
The types of accidents that are common when semi-trucks are involved:
- Rollover
- Jackknife
- Underride
- Rear-end
- Wide turn
Motorcycle Accidents
Motorcycle accidents are more likely to result in severe injuries and fatalities. This is due to varying factors:
- Motorcycles are smaller than other vehicles
- Motorcyclists are not enclosed like vehicle passengers are
- Motorcyclists do not have the benefit of seatbelts, airbags, or other crash protection
A motorcycle’s small, narrow profile also makes it hard for drivers to see, and in many cases, drivers look right at them without seeing them.
A study done by Bournemouth University and DocBike showed that drivers do not register motorcycles because the brain is programmed to look for larger objects that pose a threat, as opposed to smaller objects, such as a motorcycle.
Bicycle and Pedestrian Accidents
Bicyclists and pedestrians have the highest potential for injury in an accident involving any vehicle.
According to the Insurance Institute for Highway Safety (IIHS), the factors that contribute most to the risk of these accidents occurring:
- Roadway design
- Intersections and mid-block crossing
- Crash-avoidance technology
- Vehicle design
- Electric and hybrid vehicles
- Daylight savings time
- Vehicle speed
Fertility Fraud
Fertility fraud occurs when fertility doctors misrepresent the source of donor reproductive material, misrepresent how a donor’s reproductive material will be used, or inseminate patients with their own sperm without their consent or knowledge.
Fertility fraud has gained attention around the nation in recent years thanks to the advent of commercial DNA testing services. In one well-known case in Kentucky, Dr. Marvin Yussman used his own sperm to inseminate patients without their knowledge or consent. This case caught the attention of Kentucky state legislators. As a result, Kentucky’s fertility fraud bill (House Bill 402) was passed and went into effect on July 13, 2022.
House Bill 402 criminalizes fertility fraud while also providing civil remedies for the patient, the surviving spouse or partner listed on the birth certificate, the offspring, and the donor of fraudulently used material. Stein Law filed the first suit under this new bill.
Medical Malpractice
Medical malpractice occurs when healthcare providers fail to exercise a reasonable standard of care and cause injuries. The most common types of medical malpractice include:
- Birth injuries
- Misdiagnosis
- Failure to diagnose
- Delayed diagnosis
- Medication errors
- Failure to provide appropriate treatment
- Surgical and anesthesia errors
Product Liability
Product liability lawsuits do not always require proof of negligence, according to the American Bar Association. These types of claims generally fall under strict liability, which means that the manufacturers, distributors, and retailers of these products are liable even if they used great care, as long as the products meet at least one of the following criteria:
- A defective design that is inherently harmful
- A manufacturing defect that resulted in a harmful product
- Failure to provide ample warnings or instructions
Product liability claims involve consumer goods such as:
- Drugs and medical devices
- Foods
- Pesticides
- Herbicides
- Tools
- Children’s products
Wrongful Death
Wrongful death occurs when death ensues as a result of a negligent or wrongful act of another. When a family member is tragically taken in this manner, Kentucky § 411.130 allows a personal representative to file a wrongful death action on behalf of the estate of the deceased. The proceeds that are recovered are then distributed to the family as specified by the statute.
FAQ’s
Testimonials
How much compensation can I recover in a personal injury lawsuit in Kentucky?
The amount of compensation available in a personal injury lawsuit is highly variable and will depend on different factors:
- The severity of your injuries
- The impact your injuries will have on your life
- The type of personal injury case
- The available insurance coverage
- The available assets of the at-fault party
Personal Injury Damages
The types of damages that may be available to you include:
Economic Damages –
monetary losses that can be documented
- Medical expenses
- Lost wages
- Loss of earning potential
- Property damage
Non-Economic damages-
non-monetary, subjective damages
- Pain and suffering
- Disfigurement
- Loss of capacity to enjoy life
- Mental anguish
- Loss of society
- Loss of consortium
Punitive Damages –
Awarded as a punishment and deterrent against a defendant whose injurious conduct demonstrates malice, oppression, or fraud
In wrongful death cases, family members are eligible to claim the same types of damages as above, plus:
- Burial and funeral expenses
- Loss of companionship
- Loss of affection
- Loss of guidance
- Pecuniary losses
- Pain and suffering of the deceased if the deceased could have filed such an action had they lived
- Punitive damages in cases where willful or gross negligence can be proven
Who is liable for my injuries?
Liability is one of the most important considerations in personal injury cases. Liability is established by proving negligence, and negligence is established when the following elements are present:
- Duty - A party owed a duty of care.
- Breach - The party breached the duty of care.
- Causation - The breach of duty, and not something else, is the cause of injury.
- Damages - You suffered an injury that you would not have suffered except for the breach of duty.
An experienced Louisville personal injury lawyer will determine who is responsible for your injuries and fight for compensation.
Liability in Automobile Accidents in Kentucky
Kentucky is a “choice no-fault” state. All drivers are required to carry no-fault coverage, which means the insurance company is responsible for providing compensation for medical bills and other financial losses following an accident; each driver is granted $10,000 in PIP, Personal Injury Protection.
However, you may have legal justification to pursue a personal injury lawsuit if the damages incurred from the at-fault party exceed $10,000 or if you suffer:
- Permanent disfigurement
- Permanent loss of a body function
- Permanent injury or disability
- Compressed, displaced, or compound fracture of a bone
Alternatively, residents are able to opt out of this coverage. This allows you to sue other drivers after an accident regardless of expense and injury limitations.
Commercial Motor Vehicle Accidents
Commercial motor vehicle accidents are less straightforward than car accident cases. The following parties may be liable:
- Truck driver
- Trucking company
- Trucking parts manufacturer
- Anyone who loaded the truck
- Truck mechanics
Additional Liable Parties
Automobile accident victims are not always limited to recovering compensation through insurance or the other driver. Other liable parties can include:
- A vehicle owner
- The city or state government
- A vehicle parts manufacturer, which would work similarly to a product liability claim
- An auto mechanic
What if I am partly at fault for the accident?
Kentucky operates under the pure comparative fault rule. If you are partly at fault for an accident (up to 99%), it does not preclude you from recovering compensation from other contributing parties. All liable parties pay compensation in accordance with their respective share of the fault. Your compensation will be reduced by your percentage of the fault.
Medical Malpractice Liability
The following entities may be liable in cases of medical malpractice:
- Doctors
- Nurses
- Technicians
- Pharmacists
- Physician Assistants
- Therapists
- Nurse Practitioners
- Hospitals
- Nursing Homes
When should I contact a personal injury lawyer?
State law provides a deadline, also known as the statute of limitations, that limits the amount of time injury victims have to file a claim. In Kentucky, the statute of limitations for personal injury is one year from the date the injury occurred.
Prior to filing your claim, immense preparation and investigation will be necessary to build a strong case on your behalf. For these reasons, it is important to contact an experienced personal injury attorney as soon as possible after your injury.
How much does a Louisville personal injury attorney
cost?
Stein Law operates on a contingency fee basis, which means there are no upfront costs for you, and we require payment only after we successfully recover compensation on your behalf. The percentage we receive will be fully disclosed to you.
How Stein Law Can Help
Personal injury cases are complex, requiring vast knowledge, the ability to retrieve and review documents and records, and access to outside resources such as expert witnesses, forensic analysts, and life care consultants.
Insurance companies can be expected to take advantage of unrepresented parties. They quickly offer lowball settlements and pressure you to accept them. They may even try to persuade you to admit fault so they can minimize compensation or avoid paying altogether.
No matter what they say, insurance companies are not representing your best interests. At Stein Law, you can be confident that we will hold these entities accountable to pay the fair and reasonable compensation you deserve. If they refuse to take responsibility and offer a reasonable settlement, we are prepared to try your case in court.
Why should I choose Stein Law for my Louisville personal injury case?
With over 75 years of combined experience, our attorneys at Stein Law boast the same legal prowess as the large firms but with the personalized attention and care that only a smaller firm can offer. We have recovered over $20 million in damages on behalf of our deserving clients and received such client feedback:
If you have been seriously injured in Louisville and believe you deserve to be compensated, don’t let the statute of limitations run out. Contact our Louisville law office to schedule a free consultation.
