Experienced Louisville Personal Injury Attorney
When you’re hurt in a bad accident, we can help
The Whaley Law Firm represents clients who have been injured through no fault of their own as a result of a variety of negligent actions. Personal injury cases in Louisville, KY can arise out of a slip and fall accident on public or private property or an assault and battery at an apartment complex or shopping mall. Attorney Aaron Whaley provides helps protect the rights of victims of dog bites, boating accidents, medical malpractice, workplace injuries, amusement park accidents and other personal injury claims. Call now for a free consultation: 866-703-7575.
Each accident victim is different. No two injuries are the same. At the Whaley Law Firm, our experienced legal team can meet with you to discuss all aspects of your personal injury claim and help you decide the best course of action. We offer all prospective clients a free case evaluation. People come first. We take the time to listen. We're ready to answer questions about your accident. Contact us today at 866-703-7575 to learn more.
We will answer your questions and address your concerns
It’s natural to have many questions after an accident. Personal injury law is complex and sometimes confusing, and when you’re up against an insurance company that handles claims every day, you’re at a natural disadvantage. Put experience on your side to level the playing field.
How much time do I have to file a claim?
According to the Kentucky statute of limitations (deadline to file a lawsuit), you have a limited window of time to file a civil lawsuit. This timeframe varies from case to case, but in general, personal injury and product liability claims must be filed within one year of the date of the accident, and wrongful death claims must be filed within one year of the date of death.
A year might seem like a long time, but your best bet is to call a Louisville personal injury attorney as soon as possible if you were injured because of negligence. The sooner you contact an attorney, the faster you can get started building a strong case. With each passing day, the evidence becomes hard to gather. Witnesses move away, or, if they can be tracked down, they might not recall details. In addition, an attorney can start dealing with the insurance company on your behalf, protecting your rights while you focus on healing. Contact the Whaley Law Firm today to learn more about how our experienced Louisville personal injury law firm can protect your rights.
Do you handle personal injury cases involving loss of life?
Yes. At the Whaley Law Firm, we work diligently to protect the rights of those who lost loved ones due to negligence. Aaron Whaley is a Louisville wrongful death lawyer who knows how to gather evidence, interview witnesses, consult with experts and take other necessary steps to create a compelling case. Whaley and his team can bring a civil action against the party who caused the loss of a loved one on behalf of spouses, children, parents and other immediate family members. We typically pursue damages for medical and funeral expenses, lost wages, the deceased person’s pain and suffering and other losses related to the wrongful death.
We handle these difficult cases with compassion. A “successful” wrongful death case can never truly compensate for the loss of a loved one, but the settlement or verdict can help a family avoid a future filled with financial uncertainty. A wrongful death lawsuit also can help send a warning to others not to engage in similar careless or reckless behavior that took the life of your loved one.
What types of compensation am I entitled to receive?
It depends on the extent of your injuries and the effects they have had on your life. Generally speaking, the Whaley Law Firm can pursue compensation for accident-related medical bills and cost of future medical care, lost wages as a result of missing work and future lost wages if you are unable to return to work. In addition, depending on the nature of your case, our law firm can pursue compensation for pain and suffering and in some cases punitive damages. These are damages awarded to punish a defendant and serve as an example to others not to engage in similar reckless acts.
How much is my case worth?
Don’t trust an attorney who puts a dollar figure on your case before hearing from you. That’s because no two accidents are the same. No two injuries are the same, and no two clients are the same. You will need to discuss the details of your accident, as well as your own background. What type of insurance did the at-fault party have? You’ll need to talk about the impact of the accident on your life. Did you have to give up your job or take time off from work? Are you facing significant medical bills? We have the experience and resources necessary to investigate and determine who was at fault. By examining details, from medical reports to your work history, we can show the long-term cost of your injuries. That way, we can pursue the maximum amount of compensation necessary to cover the physical, emotional and financial complications you and your loved ones face as a result of an accident.
Do I have a case if I was partly at fault?
The short answer is “yes.” Kentucky uses the pure comparative negligence standard in personal injury cases, which means even if the accident was partially your fault, you can always take legal action for the portion of damages that were not your fault. In theory, even if it was 99 percent your fault, you can still sue for the 1 percent that wasn’t – although as a practical matter, the amount of money you’d actually recover in this scenario would be quite small. Your recovery in a comparative fault situation is reduced by your percentage of fault; for instance, if the accident was 30 percent your fault, your final award would be reduced by 30 percent.
We strongly recommend not admitting any fault if you are injured in an accident. A personal injury is complex, and when your adrenaline is high, you are probably not in the best position to determine exactly what happened. Any admission of fault can only hurt your ability to get compensation later. This is also why you want to watch what you say to an insurance company or any other interested party. Stick to the facts of what happened and don’t speculate about why. The question of fault is another reason why it’s important to seek the advice of legal counsel as soon as possible.
How much will my case cost me?
You don’t pay any upfront costs when you hire the Whaley Law Firm. When you retain us as attorneys, you don’t pay us legal fees unless we win.* That means we don’t charge you by the hour. We believe this “contingency fee” arrangement truly benefits the client and the attorney. This type of payment arrangement motivates your attorney simply to work hard to get the biggest settlement or verdict possible. As a client, you don’t have to wonder if you can afford to hire a highly experienced personal injury attorney. You can afford a top-notch lawyer, regardless of how much money you have in the bank. Attorney Aaron Whaley brings a wealth of experience to each case he handles. Contact our firm for your free case consultation today to learn more.
* Per the Kentucky Bar Association advertising rules, we are required to state that court costs and related fees are the responsibility of the client. However, at the Whaley Law Firm, our policy is to waive these costs and fees in the event there is no award.
Are you prepared to take my case to trial?
Yes. While most personal injury cases are settled between parties out of court, the Whaley Law firm prepares each case as if it will go to trial. We firmly believe preparation is a key factor in getting justice. No matter the nature of your case or severity of your injuries, we fully commit our resources and experience to building the most solid and successful legal strategy on your behalf, aiming for a settlement you truly deserve. If we must file a personal injury lawsuit, we are prepared to do that to hold the negligent individual or company accountable. But we will not take this step without first consulting with you. Louisville attorney Aaron Whaley believes strongly in providing personalized attention to each client. You will have access to his personal cell phone number. You can reach him anytime with questions or concerns about the progress of your case.
You deserve compensation for all your losses
The accident that injured you may have been over in moments, but the consequences – physical, emotional, and financial – can stretch on for years. That starts with your medical bills, from the ambulance ride to the hospital to future surgery, like joint replacement, that may be decades down the road. You may be out of work for weeks or months, or you may have to change careers or have been permanently disabled. There are also the less tangible effects of an injury on your life, such as pain and suffering.
Under Kentucky law, you have a right to pursue compensation for the full cost of your accident. Some of the damages (financial compensation) you may be able to pursue include:
- Medical treatment
- Loss of income
- Pain and suffering and emotional distress
- Loss of consortium (which relate to the effect the injury has on your relationship with your spouse, such as an inability to maintain a sexual relationship)
- Punitive damages, which are awarded in rare cases and are meant to serve as a punishment for the defendant’s outrageous behavior
However, actually getting compensation for those injuries can be a difficult process. To win your personal injury case, you have to prove it – and the insurance company for the at-fault party is hard at work to make that more difficult.
How to prove a claim
There are four elements of a personal injury claim. You have to show that:
- Another person or organization had a duty of care (that is, a legal responsibility for your safety).
- That duty of care was breached (that is, they were reckless or careless).
- You were injured as a result of that act of carelessness or recklessness.
- You sustained damages (significant, demonstrable losses) due to the injury.
The insurance company for the injured person may dispute any of these points. Their goal is to protect their client and their bottom line. They may argue that you caused your injury, or that some of your damages were due to a pre-existing condition.
Getting full value for a personal injury may involve hiring expert witnesses – medical professionals, accident reconstruction experts and financial analysts – investigating the accident, and negotiating with the insurance company for months or years. It’s a tough process, and the insurance companies are adept at using it to their advantage. The claims adjuster may come across as friendly and tell you “that’s the best we can do for you.” The reality is, the initial offer from the insurance company is never the best offer. You need a seasoned attorney who can put experience and resources to work for you – and show the insurance company the full extent of your injuries.
How can an attorney help after an accident?
The Whaley Law Firm represents accident victims who have been seriously injured in Kentucky, as well as families who have lost loved ones due to negligence. We stand by our clients every step of the way. Our firm knows how to collect the right evidence. We pore over medical and police records. We stand up to insurance companies who try to pay as little as possible. Our goal is to get each of our clients the compensation – and closure – they deserve, and to make our community safer by fighting for accountability. Whether it’s through insurance company negotiations or a settlement in trial.
Accidents can become complex legal matters. We believe choosing the right personal injury lawyer shouldn’t have to be. The Whaley Law Firm believes injury victims in Louisville and across Kentucky should have access to a knowledgeable and experienced legal team committed to fighting for their best interests. That’s why we work on a contingency fee basis, meaning you don’t pay us a cent until and unless we win your case. So, it costs you nothing up front to get an experienced attorney on your side.
If you’ve been injured through somebody else’s reckless behavior, we’re ready to step in and protect your rights. If you need help with your personal injury lawsuit in Kentucky, contact the Whaley Law Firm today for a free case review. Call 866-703-7575.