- Steiden Law Offices
Personal Injury Claims in Northern Kentucky
The attorneys at Steiden Law Offices represent clients in a variety of personal injury claims in Northern Kentucky from our offices in Covington and Florence including:
- motor vehicle accidents;
- motorcycle accidents;
- premise liability cases;
- slip and fall accidents;
- workplace accidents; or
- general negligence claims.
Under Kentucky law, in order to establish a common law negligence claim after a motor vehicle accident or another kind of personal injury case, the plaintiff must establish the following elements:
- a duty owed by the defendant to the plaintiff;
- breach of that duty;
- injury to the plaintiff, and
- legal causation between the defendant's breach and the plaintiff's injury.
The standard of care applicable to a common-law negligence action is that of ordinary care. The term "ordinary care" means the type of care that a reasonably prudent person would exercise under the circumstances.
Attorneys in Personal Injury Cases in Kentucky
If you were involved in an accident in Northern Kentucky, then contact an experienced personal injury attorney to discuss the facts of your case and how much your case might be worth. Our personal injury attorneys in Northern Kentucky can help you understand the best ways to pursue the claim at every stage of the case.
With offices in Covington and Florence, we can meet with you today to discuss your case and how much the case might be worth.
Defenses to a Personal Injury Claim
The defenses to a personal injury claim include:
- denying any negligence;
- asserting affirmative defenses in accordance with Civil Rule 8.03;
- a showing of improper jurisdiction;
- the failure to obtain proper service or insufficiency of service of process;
- a showing that the action was barred by the statute of limitations; or
- official or qualified official immunity.
The Statue of Limitations in Personal Injury Cases in Kentucky
The Statute of Limitations for personal injury claims in Kentucky is one year. KRS 413.140. Kentucky Revised Statute (KRS) 413.140(1)(a) provides that an action for an injury to the person of the plaintiff shall be brought within one year after the cause of action accrued.
Generally, a cause of action for personal injury accrues when the injury occurs. Under certain circumstances, however, a cause of action for a personal injury in Kentucky does not accrue until the plaintiff discovers the injury or reasonably should have discovered it.
The complaint must be filed before the statute of limitations deadline expires. KRS 413.250 provides that an action is commenced on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.
The Kentucky rules of civil procedure provide that a civil action is commenced by the filing of a complaint with the court and the issuance of a summons in good faith. The courts in Kentucky have found that a summons issued with no intention of having it served in due course is inoperative. Instead, good faith requires a bona fide intention to have the summons filled out and signed by the clerk plus an unequivocal intention to have it served or proceeded on presently or in due course or without abandonment. Taking out of summons is presumptive evidence of an intention to have it served in due course, but that presumption may be rebutted by the facts of the case.
Medical or legal malpractice claims brought against those who render professional services, must be brought within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured under KRS 413.245.
Qualified Official Immunity in Kentucky
Qualified official immunity is a defense that renders one immune not just from liability, but also from the lawsuit itself. An officer or employee of a governmental agency is sued in his individual capacity, the concept of qualified official immunity applies rather than official immunity.
Qualified official immunity applies to a negligent act or omission by a public officer or employee when:
- the conduct involves discretionary acts or functions such as those involving the exercise of discretion and judgment, or personal deliberation, decision, and judgment;
- the act is made in good faith; and
- the act occurred within the scope of the employee's authority.
The concept of qualified immunity does not extend to the negligent performance of ministerial acts. The negligent performance of a ministerial act could include one that requires only obedience to the orders of others. A ministerial act also occurs when the officer's duty is absolute, certain, and imperative, involving merely execution of a specific act arising from fixed and designated facts. The fact that a necessity may exist for the ascertainment of those facts does not convert the act into one discretionary in nature.
This article was last updated on Friday, October 6, 2017.