What is a “Personal Injury?”

When someone is physically or emotionally injured, or their personal property is damaged in Kentucky or Illinois, it is considered by the law to be a “personal Injury.” The laws in Kentucky covering personal injury allow the injured party to receive compensation for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions. Personal injury law is also known as “tort” law. The states of Kentucky and Illinois as well, as the Federal government, have enacted tort laws for the protection of your rights.

What is a tort?

Tort actions have three components: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.  This is when you should contact a Paducah personal injury lawyer.

Who is responsible?

The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but their possessions also. Whenever someone else harms you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts, or torts, or by negligence. An intentional act is one designed to cause harm or injury. The person committing the act wants to harm you. If you have been harmed by another you may want to seek the advice of a Paducah personal injury attorney.

Negligence/Strict Liability

A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (it may also be a criminal action). On the other hand, if a careless driver runs into your car, that is a negligence tort.

In the first case, the defendant wanted to cause an injury; in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you or your property, because our laws and society create that duty. The duty was breached by the intentional or negligent actions of the defendant, and damage to your person or property resulted. A Paducah personal injury lawyer may be able to help you recover for these damages.  Contact Bryant Law Center to speak with a personal injury attorney.

Another form of person injury law covers “strict liability”. Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which are in themselves abnormally or inherently dangerous. This concept also occurs in the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.

Once a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” is the term for whatever is owed to you to compensate you for your loss. Damages can be agreed upon by you and the injuring party, through insurance settlements, or by other means. But often the damages offered to you may not fully compensate you for your loss. This is especially true if you have suffered physical injury and have not been able to work. Personal injury law is the mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damage caused.

Personal Injuries
in Kentucky and Illinois

If you are the victim of a personal injury in Kentucky or Illinois, there are several things you can do to help yourself. First of all, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact a personal injury lawyer with The law offices of Bryant Law Center at (1 800 Law Center) to discuss this.

• You should call as soon as it is convenient to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company.

• You should be cooperative with the police, your own treating physicians, and your own insurance company.

• Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.

• If you have a personal injury case that you would like us to review, please call a personal injury lawyer with The Law Offices Bryant Law Center at (800) Law Center (800.529.2368) for a free consultation or submit an online Request Information Form.

• Note any defects in equipment or work area; photograph if possible.

• Note names of all possible witnesses.

• Fill out an accident report for the company, if required.

• Do not give any written or recorded statements.

• Give your doctor a complete history of how your injury happened.

How We Can Help!

The Bryant Law Center has built its reputation through extensive trial work in Kentucky and the surrounding area, predominantly in realm of personal injury. Our team has the ability to tackle problems that injured persons encounter on a daily basis. Because of our concentration in personal injury cases, our Kentucky and Illinois attorneys are experienced in the types of injuries that are occasioned, such as fractures, ligament tears, back injuries and head injuries.

Our years of experience has taught us how to best explain to a jury how these injuries can cause a person pain, lost wages, disability and suffering. With the use of computer generated exhibits, color diagrams, video tapes, and state-of-the-art courtroom computer technology to better demonstrate how the accident occurred and what caused the accident, our attorneys are able to illustrate to a jury the significance of the injury you sustained.

Retaining The Bryant Law Center also has the benefit of hiring a team of attorneys to handle your case. Our attorneys have regular meetings to confer and discuss cases among each other that deal with complex issues of fault and damages. The Bryant Law Center has an aggressive, experienced, energetic approach to managing cases and with the help of a support staff of investigators, researchers, legal assistants and law clerks, we prepare the best case possible for you.

The first question that everyone wants answered when talking to a Kentucky or Illinois attorney about their possible lawsuit due to an injury is "HOW MUCH IS MY CASE WORTH?" That may seem like a simple question, but it is extremely complicated. In fact, it is so difficult to answer that you should be leery of any lawyer who tries to tell you how much your case is worth the first time you talk to him/her. Why is this question so complex... because there are many things that influence the end result.

YOU - You are one of the largest factors to consider in your case. How much college education have you had? Did you quit school before graduating high school?  If you have no significant education, it will be more difficult for you to find sedentary work that doesn't involve heavy lifting and manual labor. Therefore, your injury may prevent you from obtaining a position similar to the work you were doing at the time of your injury; as such your earnings loss may be greater.

How old are you? If you are in your early 20's, then you may have around 50 years of pain and suffering and lost earnings that could affect your case.

Have you honestly made a good faith effort to look for appropriate work that you are capable of doing or are you just biding your time waiting for your case to come to trial? If a jury perceives that you have not made an honest effort to obtain work, they probably will not be very sympathetic.

Do you have any prior convictions, misdemeanors or felonies? This could cause a jury to doubt your sincerity on the witness stand.

FORUM - Another important factor is the place where the lawsuit is filed. As in real estate, the three most important things about forum are "location, location, location." There is usually more than one place to file a case. (Where your injury occurred can affect your case as much as what injuries you received.) As you may probably guess, the type of jury that will hear the case will affect the value of your case. If your case is filed in Kentucky District Court in the City of Paducah, you can expect a different kind of jury than if your case is filed in State Court in St. Claire County Illinois. Judges also have their own ways of approaching different issues and the law.

Some judges are more conservative than others. An extremely personal knowledge of the attorneys and judges you will be facing is an invaluable asset that Bryant Law Center specializes in.  All of this should be given great consideration when deciding where and how to file your case. In addition, the amount of time that courts take to reach a case for trial varies widely. For example, Cook County (state court in Chicago) can typically take five years or more from the time the case is filed until the trial. District court in Paducah Kentucky attempts to get a case to trial two years after filing.

There are always individual factors to consider in evaluating an injury claim. Please feel free to call us toll free (800) 455-7838 any time with your questions. There is never an obligation or fee to discuss your particular circumstance.

1.          Avoid Talking With Anyone About Your Case - Do not discuss the details of your injury or how they occurred with anyone except your doctor. Some words spoken by you could later be used against you and could severely affect your case. Any person who deliberately seeks information from you likely represents the other side, so you should be determined not to talk to any persons attempting to engage you in a conversation about the details of your case.

2.          Your Doctor – It is very important that you return to each of your doctors every time you are scheduled without exception and also return as often as necessary.  You should always tell your doctors about all your complaints in as much detail as possible. This is very important since doctors notes are one of the best ways for us to preserve the evidence of your pain and difficulties and to prevent the other side from taking the position that you must not hurt or you would be seeing our doctor regularly.

3.          Keep Accurate Records - It is very important to keep accurate records of the following:

a.          Lost time and wages;

b.          Hospital, doctor, drug and other medical bills;

c.          Other losses and out-of-pocket expenses resulting from your injury including mileage to and from doctor appointments;

d.          Diary of your daily complaints and difficulties.

4.          Hospital and Doctor Bills - Have your own automobile insurance company (PIP) pay as many hospital and doctor bills as possible. You should also have your hospitalization (group health) insurance pay as much on your bills as possible.

5.          Witnesses - Immediately obtain the correct names, addresses and telephone numbers of any and all witnesses of which you may learn.