Experienced Lexington Personal Injury Lawyer
Have you been injured due to another’s negligence? One of the most difficult aspects of sustaining an injury is the confusion that follows. In the face of an uncertain future, managing your health, recovery, finances, family, and job can be an overwhelming challenge.
Fortunately, you don’t have to walk this journey alone. Our legal team has spent years helping injury victims just like you, and we’ve developed the experience required to help you effectively pursue compensation. There’s no need to worry about finances. Let us handle the compensation side of your story, so you can focus on health, recovery, and family.
The goal of Gladstein Law Firm is to serve injury victims within our community. We strive to eliminate injustice through legal accountability. Our goal isn’t simply to make a living. Everything we do is filtered through a community-first mentality.
Injury Law Areas We Practice
As a smaller, more personal firm, Gladstein Law Firm chooses to select a limited number of clients each year. We believe in giving each of our clients the full weight of our experience and expertise. Our areas of practice include the following.
If you or your loved one have been injured by someone’s negligence, contact our Lexington personal injury attorney today!
The Gladstein Law Firm
Seth Gladstein first started the Gladstein Law Firm with a Louisville office in March 2011. Since that time, his team has been faithfully serving Lexington and the surrounding areas. Our vision is to champion the underserved and defend those who have been wronged.
We realize all too well that the average individual stands virtually no chance again the resources of a large hospital, national insurance company, or pharmaceutical giant. Seth Gladstein spent ten years as a malpractice and injury defense lawyer. He understands the tricks that can be used against you and the financial leverage at play. He left the certainty of big business defense because he felt like your rights needed better caliber protection.
Today, Gladstein Law Firm is running strong, and we are working tirelessly to change lives, one settlement at a time. If you’ve been injured, give our Lexington personal injury lawyer a call today.
“I couldn’t have asked for a smoother process for such an unforeseen series of events. I reached out to their office when I needed their help and someone got back with me almost immediately. Barbi and Mr. Gladstein provided excellent legal counsel and made sure I understood every step of the process. They work diligently to get the best outcome for their clients and will not stop until you are satisfied. I would highly recommend their law firm to family, close friends, and anyone who experienced something similar to I. I am forever grateful for their service to me as a client!”
– DeAundre Bumpass, 2021
The Statute of Limitations for Personal Injury Cases in Lexington, KY
Kentucky law limits the time that you can seek a remedy after sustaining a serious injury in a motor vehicle accident or slip and fall at a local store. Any personal injury claim needs to be filed within one year to obtain a remedy from a negligent driver or store owner.
This one-year deadline is called a statute of limitations. Even filing a case one day late could mean that a judge dismisses the case. This could leave a person injured with no remedy.
Dates and the Day of the Week Become Very Important
A Kentucky case is illustrative of how the statute of limitations works. A woman injured in a car accident had until Saturday, October 18, 2003 to file a personal injury lawsuit. Because the statute of limitations expired on a Saturday, the woman had until the Monday to file her claim with the court. The woman brought her complaint to the circuit court on Friday, October 17, 2003. A clerk stamped the filing with a time date stamp indicating receipt of the complaint on October 17, 2003 at 2:35 in the afternoon.
It may seem that this would be an easy case, but the clerk did not formally process the complaint or issue a summons until the next Tuesday.
This case ended up at the Kentucky Supreme Court after the circuit court dismissed the case, because it was officially filed a day after the limitations period expired. The state’s highest court reversed the circuit court. It held that because the plaintiff had no control over when the clerk filed the complaint and issued the summons equity required that she could proceed with her case.
The court stated, “Once [she] delivered the complaint, she could reasonably expect that the summons would be issued within the statutory period. At that point, [she] had no further duty to ensure that the clerk [filed the complaint] and issued the summons within the limitations period.”
Reasons for Deadlines
While the Kentucky deadline is shorter than some other states, it ensures the prompt processing of cases. It may be hard to locate witnesses and memories usually fade as time passes, which also supports the statute of limitations.
In some cases, there may be questions about the time that the statute of limitations takes effect. This can happen when an individual does not realize the total extent of the injury right away. Court rules also affect what happens when the limitations period ends on a weekend or a holiday. It is always best to file with plenty of time to avoid the statute of limitations issue.
How Does a Settlement in a Personal Injury Claim Work in Lexington, KY?
A settlement means that your lawyer and the defense have agreed to resolve the case out of court. They will mutually decide on a one-time payment amount, and sometimes the defendant may not have to admit fault. There is no court decision, but the court still must approve the settlement amount.
What Are the Benefits to a Settlement?
Opting to settle instead of going to court does have its benefits. Most cases will settle out of court rather than go to verdict, and that is because:
- You know how much you will receive, because you agree to the amount during settlement negotiations.
- Your claim is resolved quickly – compared to going to trial.
- You receive your funds between week and 30 days, depending on who is paying the settlement.
- Your attorney’s costs and other fees are reduced because your attorney does not take on the cost of going to trial.
- You might find the process is less stressful than going to trial.
- You can keep your settlement amount out of public records; thus, it remains private between the parties involved.
What Are the Disadvantages to Taking a Settlement?
While most cases do settle out of court, sometimes plaintiffs choose to take their case to trial. Your Lexington personal injury attorney will advise you whether they think a settlement is better or if you have a better chance with the verdict by going to trial.
Before taking any settlement, you must consider the disadvantages. These may include:
- The amount you receive might be smaller than what you could have received from a jury verdict.
- The defendant often will not admit to wrongdoing, which means you may not receive the justice you wanted.
- The settlement is confidential, which means you cannot share your story and may not be able to share the outcome of the case publicly at all.
When Should You Settle?
Your lawyer is the best party for determining if your case should settle or go to trial. Rarely do personal injury cases go to trial, but that does not mean if you settle you would not receive fair compensation. Your injury attorney advocates for proper compensation amounts with the insurance company, and they will fight to have the insurance company pay your medical costs, lost wages, and more.
Often your Lexington injury lawyer will advise you to settle if the evidence is strong enough and the insurance company is participating actively in negotiations. Also, if the settlement value of your case is lower than the cost to go to trial, your Lexington injury attorney might advise for settlement. Otherwise, there would be no point in taking it to trial.
How Does a Verdict Work?
The verdict is a judgment or decision where a judge or jury decides on your civil case. Once your case goes to trial, the jury has the job of listening to the evidence and the story from each side. Then, the jury will evaluate the evidence to determine if the defendant is at fault. If they decide the defendant is at fault, they will then go through the process of determining fair compensation.
Deciding fault is not the same as deciding guilt. Unlike criminal proceedings, you must only prove that the defendant was at-fault through a preponderance of the evidence – instead of proving beyond a reasonable doubt.
What Are the Benefits of Going to Trial?
If your Lexington personal injury lawyer feels going for a verdict is better, they may do so for the following reasons:
- A jury award is much higher than those amounts reached during settlement.
- The trial is a public record, which means that you can speak freely about your settlement.
- You will receive closure in your case and be able to seek justice against the party that injured you or injured a family member.
What Are the Disadvantages of Going to Trial?
While there are benefits, going to trial does have a set of disadvantages too. These can include:
- There is a high degree of uncertainty in a trial. Even if the evidence seems obvious, you never know how a jury will decide or their reactions during deliberations. You have no control over the outcome.
- A trial takes time, and you will not receive settlement money right away.
- The trial process itself is expensive, which means you will lose more of your settlement to attorney’s costs and fees.
- Trials are public record, which means the details of your case become a matter of public record and people can look up the settlement value – therefore, you have no privacy.
When Should You Go to Trial?
Going to trial is risky; therefore, your lawyer will only advise taking your case to verdict when necessary. As stated before, juries are highly unpredictable. However, if the insurance company refuses to settle, your case is worth a high-value amount, or some acts qualify for punitive damages, it might be better to go to trial.
Three Reasons to Call Us Today
What many injury victims don’t understand is that you should never procrastinate on legal action. Unfortunately, such behavior often results in missed opportunities and stunted financial recovery. If you’re not convinced that hiring a Lexington personal injury lawyer is in your best interest, here are 3 reasons you need to call us right today!
- There’s A High Probability You Need A Lawyer – In most personal injury cases, a lot of expertise comes into play in settling or litigating a case. If insurance is involved, you will be facing abounding resources and a highly trained legal team committed to blocking your payments. You’ll want the experience of a veteran Lexington personal injury attorney on your side.
- Kentucky Has Strict Deadlines – The state of Kentucky has strict deadlines for filing lawsuits. Missing the filing deadline could disqualify you from receiving the compensation you deserve and need. Don’t wait or hesitate. Give us a call right now!
- It’s Completely FREE – You have nothing to lose by calling. The Gladstein Law Firm offers all injury victims a 100% free consultation. Give us the details on your case and we’ll give you insight on your suggested next steps.
The best part is, you have absolutely nothing to lose by simply giving our office a call to discuss your unique situation. Call us today!