What do you have to prove in a Kentucky personal injury lawsuit?

There are basically three things that have to be proved in a Kentucky personal injury lawsuit:


  • 1)  that a duty existed; an example is that drivers have a duty to pay attention and keep a reasonable lookout for other vehicles or pedestrians
  • 2)  a breach of duty; meaning, for instance, a driver negligently failed to pay enough attention and keep a reasonable lookout for other vehicles or a pedestrian
  • 3)  damage or injury.  This would be the damage or injury caused by the breach of duty. 

Basically, a personal injury lawsuit in Kentucky comes down to proving that someone (an individual) or somthing (a corporation) either did something they weren't supposed to do or failed to do something they were supposed to do and, as a result, someone else was injured.