If you are injured in a rear-end car accident, it is vital to have qualified legal assistance by your side from the beginning of your case. A Louisville rear-end car accident lawyer could investigate the cause of your crash, and help you hold the negligent party accountable.
One of the most crucial elements of filing a lawsuit for compensatory damages after a rear-end wreck is determining the party or parties at fault. Liability for a crash is determined based on the legal theory of negligence. Under this theory, if a one party owes another a duty, violates that duty, and this violation injures the other person, the wrongdoer can be held legally liable for the victim’s damages.
All drivers are bound by a legal obligation to operate their vehicle with reasonable care. If a driver neglects their duty and rear-ends another motorist, they may be liable for any injuries and damages the motorist and their passengers sustain. A dedicated rear-end accident attorney can help someone better understand Louisville’s liability laws.
Another important legal theory that sometimes arises in Louisville rear-end auto accident claims is the doctrine of comparative liability. This doctrine states that a plaintiff can be partially to blame for their own accident injuries and still be entitled to compensation.
If the court determines that the injured party contributed to their injuries, they will diminish the plaintiff’s compensation by the amount equal to their percentage of liability. Kentucky is one of a few pure comparative liability states, which means that a plaintiff can be as much as 99 percent liable for their accident and still be eligible to recover compensation for damages.
Per Kentucky Revised Statutes § 413.140, the deadline to file a claim after a rear-end car crash is one year. The one-year period starts on the date that the collision happens. If a rear-end collision results in loss of life, the person’s family has one year from the date of the decedent’s death to file a wrongful death lawsuit.
A seasoned Louisville lawyer could help someone filing a rear-end car crash claim pursue a few kinds of compensation, including their special and general damages. Special damages indicate fixed monetary losses such as someone’s medical bills and lost wages suffered as a result of the wreck.
General damages refer to intangible losses, such as pain, suffering, loss of consortium, loss of life’s enjoyment, emotional distress, and mental anguish. Sometimes, a third type of damages known as punitive damages may be awarded to punish the responsible driver if their actions were particularly reckless or negligent.
A skilled car accident lawyer who has experience handling rear-end collisions could calculate the injured claimant’s damages and help them seek the compensation they need.
A Louisville rear-end car accident lawyer can fight hard to secure your financial recovery for the losses you have suffered. An attorney with significant experience handling these types of claims could diligently represent your interests and work tirelessly to win the maximum case settlement. Let the skilled legal team at Becker Law help you hold the negligent driver accountable for your damages. Call today to schedule a consultation.
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