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What is personal injury litigation?

On Behalf of | Jul 20, 2020 | Personal Injury |

Accidents happen all the time. People can slip and fall, find themselves involved in an auto mishap or even suffer a dog bite. Such instances may result in injury, and questions emerge about who is at fault. When another person causes another individual harm, then there may be a basis for a personal injury lawsuit in Kentucky courts.

Some degree of negligence becomes necessary for a personal injury lawsuit to have credibility. Did someone’s actions or lack of action cause harm when the individual had a duty to employ care? For example, did someone leave tools and other personal belongings on the sidewalk in front of their house for several hours? Was a dangerous breed of dog left off a leash in a park? Such negligent behavior could lead someone to become liable for resultant injury and harm.

Often, people who are sued rely on their insurance to cover expenses related to liability. Auto insurance, homeowner’s insurance, medical malpractice insurance and umbrella policies could cover losses related to liability up to the policy limits. Personal injury lawsuits are frequently settled out of court. Settlements involve an agreement to pay a set amount of money and, once paid, all further legal actions end.

A lawsuit involves going to court to seek a judgment from a jury. It is possible to reach a settlement at any point before the trial ends, and even after, some may revisit settlement negotiations to avoid lengthy and costly appeals.

An attorney may offer assessment about the merits of a personal injury case and advise clients on steps to take. The attorney may file the lawsuit on behalf of the client and seek compensation for medical bills, damage to personal property and more. The attorney may be able to negotiate for a settlement with insurance companies and opposing counsel. Legal professionals might also defend clients against countersuits.