Kentucky Negligence and Personal Injury Questionnaire

State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

For personal injury actions in Kentucky, the statute of limitations is generally only one year from the date of the accident or injury, or from the date the injury was discovered. This is a relatively short SOL compared to other states in the country.

Time limits for most types of civil cases in Kentucky range from one to five years, while there is no limit for felonies committed in the Bluegrass State.

There is a one year statute of limitations for medical malpractice claims in Kentucky. This limitation is found in Kentucky Revised Statute § 413.140(1)(e), which states: 413.140 Actions to be brought within one year.

There is no time limit for any felony. Cases for misdemeanors must be started within 1 year. If the victim of a misdemeanor sexual offense (under Kentucky Revised Statutes section 510.010 et seq.) is a minor at the time of the crime, the case must start within 5 years of the victim's 18th birthday.

Kentucky is a pure comparative negligence state. If both you and the other party in an accident are partially responsible for causing the accident, the fault will be distributed between you both in percentages.

In all these cases, if another person was ultimately responsible for the accident that led to the injury, you've got a viable personal injury claim. However, if they prove you're the person at fault for the accident, then it typically doesn't count as personal injury negligence.

These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The ?clock" on claims starts ticking on either the date of the incident or the discovery of the harm.

This involves showing a duty of care, a breach of that duty, the cause in fact, proximate cause and damages. Between each of those elements are numerous defenses. Therefore, if a claimant cannot prove any one of those elements, his or her negligence case fails in its entirety.

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Kentucky Negligence and Personal Injury Questionnaire