If You are Thinking about a Lawsuit, Understand these Brain Injury Laws

  • December 14th, 2018

brain injury lawsBrain injuries are some of the worst injuries we see here at Harville Law.

Although some brain injuries are relatively minor, others require months of rehabilitation and rest. If you have suffered a brain injury, you should be aware of the laws that affect how you can get compensation.

You Have a Limited Amount of Time to Sue

Each state has a statute of limitations that sets out the maximum amount of time a victim has to bring a lawsuit. In Kentucky, most brain injury victims will have one year to sue if they were injured unintentionally, such as in a slip and fall, or intentionally, as in an assault. If a person was injured by a defective product, they also have one year to sue.

However, Kentucky has a special statute of limitations for car accidents—2 years from the date of the accident or 2 years from the date of the last payment of personal injury protection (PIP) benefits (KRS 304.39-230).

Ideally, you will not wait too long before reaching out to an experienced attorney. The sooner you contact us, the more we can do to help you receive compensation. Any delay will only negatively impact you, so contact us now.

You Can Receive Compensation for Pain and Suffering

The purpose of a lawsuit is to make a victim whole. Part of this entails reimbursing you for all money spent because of the accident.

If you need rehabilitation and prescription drugs, you can force the defendant to pay for that care. This amount of money will be called “special damages.”

Kentucky also allows victims to receive damages for losses like pain and suffering or mental anguish. These damages are called “general damages,” and they can be substantial. A jury will need to use its own judgment to arrive at a number that is fair. Of course, no amount of money can ever truly compensate for the effects of a serious brain injury, but it is the best a court can do.

When a brain injury permanently affects memory, speech, or mobility, then a client can potentially receive a considerable sum of money.


If someone else was responsible, you may be eligible for compensation.

You Can Receive Punitive Damages in Some Situations

The purpose of special and general damages is to compensate a victim. Kentucky law also allows a victim to receive punitive damages if they have clear and convincing evidence that a defendant acted with

  • Oppression
  • Fraud
  • Malice

If the defendant intentionally injured our client or was flagrantly indifferent to the results of their conduct, then a jury might award punitive damages. Because these damages are designed to punish the defendant, it is up to the jury to settle on a number that accomplishes that goal.

Contact a Kentucky Brain Injury Attorney Today to Learn More About Brain Injury Laws

These are only some of the most important brain injury laws that will affect your case. There may be others.

To find out more about your options, contact the Harville Law office today. You can meet for a free case review with one of our brain injury attorneys, who will listen to you describe your injuries and advise about the best steps forward to receive compensation.

Contact us today!


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