Kentucky is a beautiful, rural state with its fair share of outdoor pursuits that can lead to accidents and personal injuries. Sometimes you don't even know where liability lies. Perhaps it was you who was hurt, or maybe it was a friend or family member. Whatever happened, if you need guidance for your personal injury or negligence case, Enjuris has the answers.
Kentucky Personal Injury Cases & Accident Info
Kentucky statutes online
This is where you’ll find Kentucky's laws. The website has details about how long you have to bring a case, monetary limits on personal injury cases (also known as damage caps), and other important information that you will need.
In Kentucky, you have only one year to bring a personal injury claim and two years to bring a property damage claim. That means you have to file your paperwork with the court before that one-year limitation is up.
The first meeting with a personal injury attorney is normally free. (Note that other legal specialties, such as real estate law or intellectual property law, are different.) After that, lawyers work on a contingency basis, which means that they will receive a third of the eventual reward or settlement, plus whatever office expenses they incurred.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't set by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal significance that came out of the Kentucky courts:
Batson v. Kentucky, 476 U.S. 79 (1986): The United States Supreme Court held that the prosecutors' use of peremptory challenges (i.e., dismissing jurors without a valid cause) could not be done because of race. This violates the Equal Protection Clause of the Fourteen Amendment of the U.S. Constitution. Basically, an African American man was convicted of burglary by an entirely white jury after four African American were disqualified as jurors, and he had a bone to pick about the voir dire, which is the jury selection process.
Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010): The Supreme Court decided that criminal defense attorneys must advise clients about the risks of deportation when they plead guilty to any charges against them. This extends from the Sixth Amendment right to counsel.
Baze v. Rees, 553 U.S. 35 (2008): the "cocktail" used for lethal injection was upheld as constitutional and did not violate the Eighth Amendment's provision of cruel and unusual punishment. While the justices could not agree entirely, a plurality opinion was published that stated an isolated mishap alone did not render the process inhumane.
There are lots of issues you can solve without the help of a lawyer, surprisingly enough. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.