Fighting for pain and suffering damages

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If you become injured in a car accident, you might realize that it has a bigger impact on your life than incurring extra expenses. A crash can take a devastating toll on your emotional state and physical ability as well.

Experiencing nightmares, new fear, depression, limited mobility, disfigurement or debilitating aches after the incident are a few signs that a crash victim may benefit from seeking pain and suffering damages.

This type of claim applies to the trauma and difficulties that the victim faces due to another driver’s negligence. Usually, it accompanies a claim for compensation of medical bills, vehicle damage, lost wages and other financial needs.

How can you prove what you’re feeling?

The main obstacle to obtaining compensation for pain and suffering is providing evidence. Many insurance companies do not agree to pay these damages without a compelling reason or court order.

Although an insurance representative or judge will not be able to experience what you feel, there are ways to support your claim, such as:

  • A diagnosis from your doctor or therapist
  • A record of your medical treatments
  • A record of your symptoms and absences from work
  • Prescriptions for pain or mental illness

Despite the evidence, insurance companies could still deny your claim. If this happens, you can challenge their refusal through negotiations or court with the help of your lawyer.

When can’t you receive this type of compensation?

There are a few reasons why you might not be able to claim pain and suffering damages after an accident. For example, Kentucky does not allow victims to sue unless they suffered severe physical harm or owe at least $1,000 of related medical costs.

You also cannot file a claim after a certain deadline according to the related Kentucky statute of limitations. After that deadline passes, victims automatically waive their right to seeking damages for the accident. For this reason, crash victims need to speak to their attorney immediately.

keeping property safe for customers

Businesses responsible for keeping property safe for customers

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If a customer slips or falls while on a small Kentucky business’ property, that person may be entitled to seek compensation by filing a premises liability claim against that business. This is because small business owners are responsible for ensuring that the property is free from hazards for customers.

Businesses have what is called a duty of care when it comes to their customers. This means that the owner of the small business is responsible for providing maintenance of the property. As such, owners must provide a proper inspection of the premises, ensure that customers are made aware of any potential hazards that cannot be repaired or have not yet been repaired, and make repairs as they become necessary.

There are a small number of instances when an owner may not be held reliable for hazards. This includes very recent hazards that the owner was unaware of. For example, if a handrail suddenly becomes loose or unstable and results in a fall, there is only a small possibility that the owner would be held liable. However, if the handrail has been loose for some time or there is evidence that the handrail could become unstable at any moment, such as if there is a large amount of rust present, the owner should have been aware that maintenance was needed, and they could be held liable.

If a person suffers injuries while on a property due to hazardous conditions, he or she may be entitled to seek compensation by filing a premises liability claim. If the business knew about the hazard, failed to repair the hazard in a timely manner or failed to warn the person about the hazard, the business may be responsible for medical expenses, lost wages and legal costs. An attorney may file the claim and represent the person during negotiations or during litigation if the case is not resolved out of court.