At Charles W. Miller & Associates, our Louisville personal injury attorneys are dedicated to advocating for victims of negligence, as well as those harmed by wrongful conduct in the workplace, in nursing homes, and in hospitals. We represent clients throughout Kentucky and Indiana in personal injury cases arising from medical malpractice, car accidents, slip and falls, defective products, and more. Regardless of the complexity of your case, you can rest assured that we handle each case with professionalism and compassion, offering personalized attention to everyone who walks through our door.

Were you injured in an accident? Do you believe someone else is at fault? Contact Charles W. Miller & Associates today at (502) 890-9954 for a free, confidential consultation. 

Understanding Liability in Personal Injury Claims

The validity of nearly every personal injury claim depends on liability. A person, manufacturer, or entity is liable for an accident and the resulting injuries/damages when that party failed to uphold a duty of care the party owed to someone else. When this occurs, the at-fault party has acted negligently and/or wrongfully and the victim or his/her family members can take legal action to pursue fair and reasonable compensation for their damages.

Some examples of duties of care which, when unmet, can lead to liability for negligence include:

• A driver’s duty to operate a vehicle safely
• A product designer or manufacturer’s duty to provide reasonably safe products to consumers
• A property owner’s duty to keep premises in a reasonably safe condition for visitors
• A doctor’s duty to provide patients with an acceptable standard of care

This list is by no means exhaustive; there are countless situations in which one party owes another a duty of care. Anytime this duty of care is breached, the victim(s) can pursue justice and a fair recovery.

What Are Damages?

In legal terms, “damages” are the losses you suffer after being harmed by someone else’s careless, reckless, or wrongful actions. Damages can be either monetary in nature, or non-economic. Non-economic damages are typically more difficult to recover, as there is no set dollar amount that you can be compensated for. However, this does not mean that you will not be able to recover a just settlement or jury verdict for things like pain and suffering. In fact, at Charles W. Miller & Associates, we have an extensive track record of success in recovering the maximum compensation our clients were owed.

Examples of common damages in personal injury claims include:

• All medical expenses related to the accident/resulting injuries, including:
  • Immediate emergency medical treatment
  • Ambulance/emergency room fees
  • Surgeries and other procedures
  • Ongoing medical care
  • Physical/cognitive rehabilitation therapy
  • Medications
  • Medical equipment (wheelchairs, ramps, etc.)
  • Pain management programs
  • Psychological treatment, including therapy and medications
• Lost income/wages from time taken off work to receive medical treatment/recover
• Lost future earnings if your injuries are disabling/preventing you from working
• Reduced or lost earning capacity if your injuries affect your ability to work
• Pain and suffering, including both physical pain and mental/emotional distress

Additionally, if your family member was killed as a result of someone else’s negligent or wrongful actions, you may be able to pursue a wrongful death claim and seek compensation for damages such as funeral/burial costs, loss of consortium, loss of companionship, loss of support, and more.

It is also important to note that in Indiana, you typically have two years from the date of the accident/injury or the date when you became aware of or reasonably should have become aware of your injuries to bring a claim. After this statute of limitation has passed, you will not be able to pursue compensation (with some exceptions). In Kentucky, the statute of limitations for personal injury claims is typically one year (with some exceptions). 

Let Our Firm Fight for You

You should not have to pay the price when you are injured due to someone else’s recklessness or carelessness. Depending on the facts of your case, you may be entitled to recover compensation for your damages. While this compensation cannot undo what you have been through, it can allow you the financial ability to secure crucial medical treatment, continue paying bills and taking care of your family, and begin the healing process.

At Charles W. Miller & Associates, our experienced Louisville personal injury attorneys can thoroughly evaluate your case and advise you as to what your legal options in seeking such a recovery may be. With over 22 years of legal experience, our team has the resources and ability to fight for you—both in and out of the courtroom.

Schedule your free consultation today by calling (502) 890-9954 or by contacting us online.