Civil Tort Litigation | Louisville, Kentucky
When one party's wrongful conduct causes harm to another, the civil courts provide the mechanism for accountability and compensation.
Civil tort litigation covers a wide range of wrongful conduct: intentional torts such as assault, battery, fraud, and defamation, as well as negligence-based claims which include simple and gross negligence in a variety of circumstances. If you have been harmed by another party’s wrongful act, a free consultation is the first step to understanding your options.
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- SUPER LAWYERS® KENTUCKY SUPER LAWYERS Multiple Years
- 40+ YEARS TRIAL EXPERIENCE Kentucky Courts
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Civil Tort Litigation Overview
Not every harmful act fits a standard category. Civil tort law is broad enough to address conduct that causes real harm even when there is no obvious label for the claim.
Kentucky’s civil tort system provides remedies for a wide spectrum of wrongful conduct beyond the categories most people associate with personal injury law.In addition to traditional claims of personal injury, as in automobile collisions, slips, trips and falls, medical and nursing home negligence, intentional interference with a business relationship or expectancy, defamation that damages a reputation and a livelihood, fraud that induces a person to enter a transaction to their detriment, and malicious prosecution that wrongly exposed a person to legal proceedings are all recognized tort claims under Kentucky law. The elements, deadlines, and available damages vary by claim type, and identifying the right legal theory requires experience with the full range of Kentucky civil law.
“The courthouse exists for a reason. When someone's wrongful conduct causes real harm, the civil courts are designed to address it. We have been in those courts for over 40 years.”
What Clients Say
People who trusted us when it mattered most.
“This was my first experience with an attorney’s office and I must say it was an excellent experience. All the attorneys were extremely knowledgeable and they cared. They handled everything for me in a professional and expedited manner.”
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What happens when you call
From auto wrecks to malpractice and wrongful death, we handle complex cases with focus, care, and precision.
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You Tell Us What Happened
A free, confidential consultation. No paperwork. No commitment. We listen to your story and ask the questions that matter.
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We Give You an Honest Assessment
We will tell you what we think your case is worth, whether we are the right firm for it, and what we would do to pursue it. No spin.
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We Go to Work. You Pay Nothing Unless We Win
We advance all costs. Our fee comes from the recovery. If we do not win, you owe us nothing. No promises. That is simply how we work.
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Your case review is free. The call costs you nothing.
We review every case personally. If we take it, we handle it completely. If we do not think we can improve your outcome, we will tell you that honestly.
- No Fee Unless We Recover
- Free Case Review
- No Obligation
- 40+ Years of Trial Experience
- ~100% Referral Based Practice
Know Your Civil Tort Litigation Rights
Kentucky Civil Tort Litigation in plain language.
Civil tort claims in Kentucky carry varying statute of limitations depending on the type of claim, ranging from one year for most intentional torts to five years for fraud. The sooner we can evaluate your situation, the more options you have.
Your Right to Pursue Civil Accountability for Wrongful Conduct.
Kentucky’s civil tort system provides remedies for harm caused by another party’s wrongful act, whether that act was intentional, reckless, or negligent. The civil courts provide the mechanism for accountability and compensation independent of any criminal proceedings arising from the same conduct. A criminal conviction is not required for a civil tort claim to succeed, and the standard of proof in civil court is preponderance of the evidence rather than the beyond a reasonable doubt standard in criminal cases.
Your Right to Punitive Damages for Egregious Conduct.
When the defendant’s wrongful conduct involved oppression, fraud, or malice, Kentucky law permits recovery of punitive damages in addition to compensatory damages under KRS 411.184. These damages are determined by the trier of fact based on the nature, duration, and profitability of the misconduct, the degree of the defendant’s awareness of the risk of harm, and any remedial actions taken after the conduct became known. In cases of deliberate wrongdoing or systematic fraud, punitive damages can substantially exceed compensatory damages.
Have More Civil Tort Litigation Questions?
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A criminal case is brought by the government to punish wrongful conduct. A civil tort case is brought by the injured party to recover compensation for the harm caused by that conduct. The two proceedings are independent: a criminal charge or conviction is not required to bring a civil tort claim, and a criminal acquittal does not bar a civil claim arising from the same conduct. The standard of proof is lower in civil court, which is why some civil cases succeed even when the related criminal case does not.
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Yes. Civil and criminal proceedings arising from the same conduct run on separate tracks and do not interfere with each other. You can cooperate with a criminal investigation or prosecution while simultaneously pursuing a civil tort claim for compensation. In many cases, evidence developed in the criminal proceeding is useful in the civil case, though the two proceedings have different rules about what evidence is admissible.
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Collectability is a practical consideration in any civil case. Before investing in litigation, we assess whether the defendant has assets, insurance, or other sources of recovery sufficient to make the case economically viable. In some cases, liability may extend to a defendant’s employer or to other parties associated with the wrongful conduct. We assess this as part of the initial evaluation.
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You may recover compensatory damages for all economic and noneconomic losses caused by the defendant’s wrongful conduct, including medical expenses, lost income, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving oppression, fraud, or malice, punitive damages may be available under KRS 411.184. Kentucky imposes no statutory cap on either compensatory or punitive damages in most civil tort cases.
Further reading
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Warning Signs You May Have a Medical Malpractice Claim in Kentucky
A bad medical outcome is not automatically malpractice. Malpractice happens when a provider fails to meet the accepted standard of...
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Kentucky No-Fault Insurance & PIP: What You Need to Know
Being involved in a car accident is stressful enough without having to figure out how your medical bills will be...
We represent clients throughout Kentucky.
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- Northern KY
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