Civil Proceedings

A Plaintiff in a civil lawsuit bears the burden of proof to state a valid claim for relief under the law and facts in the Complaint.

A Plaintiff must allege and prove the Court has jurisdiction of both the subject matter and the parties, and the filing is within the time proscribed by applicable statute of limitations.  Many cases are dismissed without trial for failure to meet these rules.

If the Complaint survives a Motion for Dismissal  for failure to state a claim, the Plaintiff then bears the burden of proof to produce evidence supporting the claims at trial sufficient to meet the standard of proof by a preponderance of the evidence.

A civil litigation can be expensive and is not usually pursued when the relief to be granted by the court  is minimal because the injury suffered is slight or the person or corporation to pay the damages is bankrupt, indigent or without funds to recover.

Valid claims of damage or injury may merit awards to pay lost wages, compensate pain and suffering or restore the assets of the injured party and even punitive damages.  

Filing fees and the costs of discovery of facts from the opposing party must be born by the Plaintiff or Respondent in addition to attorney fees.

In addition to general, state or federal Rules of Procedure and Rules of Evidence, Local Rules of the Court will apply and private individuals who attempt to file and argue a civil lawsuit often encounter unforeseen obstacles to getting the relief they seek.

PERSONAL INJURY CLAIMS

The outcome of a personal injury claim depends on the extent of an injury, the factual documentation of the case leading to admissible evidence, and the extent of legally recoverable damages from your loss of ability to work, loss of consortium with loved ones, significant pain and suffering and other injuries caused by the willful or negligent acts of another party.

An attorney may not state or imply that the law firm will be able to obtain satisfactory results for a client regardless of the actual merits of the client’s particular legal matter. In all cases, pursuing a claim for injury and damages requires competent legal preparation and persistent application of the law where the law allows a claim.

Call me for a no-obligation, free initial consultation before you discuss your injury claim with the insurance company, or sign anything.

Call 502-758-0936

Statutes of Limitation SUCH AS FOUND IN KRS 413 limit the period of time that LAWSUITS may be filed AFTER THE DATE OF OCCURRENCE OF AN INJURY TO PERSON OR PROPERTY. consult with an attorney IMMEDIATELY to DETERMINE THE FILING DEADLINE.