5 Common Misconceptions About Personal Injury Law in Kentucky (For 2025)
Navigating personal injury law can be overwhelming, especially if you have never dealt with the legal system before. When seeking information, you might turn to family and friends for guidance. However, it is easy to be misled by hearsay or outdated advice. Many misconceptions surround personal injury law; some might discourage you from filing a claim, while others could jeopardize your chances of securing the compensation you rightfully deserve. Let us debunk some of Kentucky’s most common misconceptions about personal injury law so you can proceed with clarity and confidence.
Misconception 1: Compensation Is Guaranteed Once You File a Lawsuit
One of the most common misconceptions about personal injury law is that filing a lawsuit guarantees compensation. However, this is far from the truth. To secure compensation, you must prove four critical elements: duty of care, breach of duty, causation, and damages. This involves showing that the other party owed you a legal duty of care, they violated that duty through negligence, their actions (or inaction) directly caused your injuries, and those injuries resulted in measurable losses. Without solid evidence, compensation is not guaranteed.
Misconception 2: There Is Plenty of Time to File a Claim
Timing is everything when it comes to personal injury law. In Kentucky, you have one year from the date of injury to file a personal injury claim. Missing this critical deadline could mean losing the right to file a lawsuit or seek compensation. While exceptions exist, such as in cases involving minors or delayed discovery of injuries, acting promptly is always in your best interest. Filing a claim soon after the injury occurs ensures that:
- Critical evidence is preserved
- Witness statements are collected while memories are still fresh
Misconception 3: Personal Injury Cases Always Take a Long Time
While some personal injury cases can be lengthy, not all follow this pattern. Many cases are resolved outside of court, making the process much quicker. The duration of a case depends on its complexity, evidence availability, and both parties’ willingness to negotiate. In cases where liability is clear, resolutions tend to be reached faster, while disputes over fault or damages may often extend the timeline.
Misconception 4: The Insurance Company Will Offer a Fair Settlement
Another common misconception people believe is that insurance companies are on their side and will offer a fair settlement. However, insurance companies are mostly out to minimize their payouts to protect their bottom line. If you deal solely with them, they may offer settlements far lower than you deserve or try to deny your claim altogether. This is where an attorney can make a significant difference. A skilled personal injury attorney understands tactics insurers use and can negotiate on your behalf, ensuring you receive fair compensation for your injuries and losses.
Misconception 5: You Have To Wait Until You Fully Recover to File a Claim
While reaching Maximum Medical Improvement (MMI) helps assess the extent of your injuries, you do not need to wait for this milestone to file a claim. You only need to wait until you fully recover or reach a point where your condition has stabilized and is unlikely to improve with or without additional treatment before accepting a settlement.
Contact a London and Southeast Kentucky Personal Injury Attorney
Understanding what personal injury law entails is essential for making informed decisions. If you have been injured due to someone else’s negligence, contact our experienced London and Southeast Kentucky personal injury attorneys at Cessna & George Law Firm today to help protect your rights.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=49037
