Frequently Asked Questions

Q:  How soon after I am injured to I have to file a lawsuit? 

A:  Depending upon your claim, there are different time limits (statutes of limitations) within which you must file a lawsuit.  Generally, the statute of limitations in Kentucky for a personal injury claim is one year.  If you believe you may have a claim, you should contact an attorney as soon as possible to find out what deadlines are involved.  If you do not file your claim within the period required in the statute of limitations, you could waive your claim.

Q:  What makes someone legally responsible for my injuries?

A:  In order to get compensation after a car accident or slip and fall incident, you will have to prove that the other person or company was negligent. Generally, negligence means that the person being sued has acted carelessly, and that his/her carelessness led to your being injured. In negligence claims, the you must show that the defendant (the person you are suing): (1) owed you a legal duty of care, (2) failed to fulfill ("breached") that legal duty through action (this can include a failure to act), (3) caused your accident or injury, and (4) harmed or injured you as a result.

Q:  What should I do if I’ve been in an accident and am thinking of bringing a personal injury claim?

A:  You will want to consider contacting an attorney.  It may help the attorney to evaluating your case if you write down as much as you remember about the accident, your injuries and any other financial losses (such as wages and medical bills) you have suffered as a result of the accident.  If you have spoken to anyone involved in the accident, you should make notes of those conversations.  Additionally, save any photographs or other evidence that you may have collected.

Q:  What type of compensation might I receive as a result of a personal injury claim? 

A:  Medical expenses. You might be able to recover for bills and expenses for medical services.  For example, you may be compensated for amounts you have spent to pay for doctor and nursing services, hospital visits, emergency room treatment, and ambulance fees.  To get compensation for these types of things, you must show that your expenses are related to medical conditions resulting from your injury.

Lost wages. These damages represent the amount of money a plaintiff would have earned -- from the time of the injury to the date of settlement or judgment. An unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period.     

Pain and suffering. You might be able to recover an award for past and future physical pain that you suffer(ed) as a result of your injury.  The amount of compensation you might receive will depend on several factors including the nature and severity of your injury, the certainty of future pain you will have, and the amount of time that you are likely to be in pain.

Depending upon your situation, you may be eligible to recover other types of damages as well.  Contact Wantland Law today for a free personalized consultation and to discuss your options.

Q:  The other party’s insurance company is asking me for a statement.  Should I talk to them?

A:  Do not make any statements until you have spoken with an attorney.

Q:  If I bring a personal injury claim, do I have to pay my attorney up front? 

A:  Not at Wantland Law Office.  Our office does not collect unless you receive compensation for your claim.