Top 10 Frequently Asked Questions About Personal Injury

Written by Cooper and Friedman on July 21, 2026

Personal injury refers to every variety of injury to a person’s body, emotions, or reputation, as contradistinguished from injury to property rights (Cornell Law School). It is a broad term that encompasses several different types of case, including:

Cooper and Friedman are top practicing injury attorneys in Louisville, KY, and we’re here to answer your questions about personal injury. If you don’t see your question below, contact us today for a free consultation.

Key Takeaways:

The three grounds of personal injury cases include negligence, strict liability, and intentional wrongs.
Compensation for personal injury cases can be sought for both harm to the body and non-bodily harm.
Damages refers to the money awarded to the plaintiff for their injuries.

1. What is the difference between negligence, strict liability, and intentional wrongs?

Negligence refers to any injury or harm that results from the failure to behave as a reasonable person would in similar circumstances. This can be from reckless or distracted acts, or from the omission of action when the defendant had a duty to act.

Examples of negligence might include:

Medical malpractice
Nursing home negligence
Motor vehicle accidents
Premise liability
Slip-and-fall

Strict Liability refers to injury or harm that is a result of an action or omission of the defendant regardless of intent or state of mind at the time of the action.

Examples of strict liability tort might be:

Blasting (explosives for construction or development projects)
Crop dusting (chemical exposure)
Gasoline or flammable/toxic material transport
Domesticated dangerous animal nuisances or attacks
Product defects

An intentional wrong refers to injury that can only result from an intentional act of the defendant.

Examples of intentional wrongs include:

Battery
Assault
False imprisonment
Trespass
Intentional infliction of emotional distress

2. What kinds of injuries can you file a personal injury claim for?

Personal injury claims can arise from both harm done to the body and non-bodily harm.

Examples of harm done to the body:

Automobile accidents
Workplace accidents
Assault
Product defect accidents
Medical malpractice
Nursing home abuse
Toxic torts

Examples of non-bodily harm:

Intentional infliction of emotional distress
Defamation
False detention, arrest, or imprisonment
Malicious prosecution
Invasion of privacy

3. What are damages in a personal injury case?

A success personal injury claim may be awarded money damages to compensation what they lost due to their injury. This can include:

Medical expenses
Lost wages
Pain and suffering
Mental and emotional distress
Household assistance
Travel expenses

4. Can I still receive compensation if the accident was partially my fault?

Yes, you can still receive compensation if you are partially at fault for a personal injury accident in Kentucky. In Kentucky, we follow the pure comparative negligence rules. Pure comparative negligence allows a plaintiff to pursue compensation regardless of what percentage of fault falls on them. They could seek 99% of the compensation or 1% of the compensation, and the case will be valid. Learn more about the types of comparative negligence in our blog, “What Is Pure Comparative Negligence in Kentucky, and Can I Recover if I’m Partially at Fault?”

5. Will I have to go to court?

No, not every personal injury case ends up in court. In fact, a majority of cases are settled outside of the courtroom between the two parties and their lawyers. Court involvement is only necessary when a settlement cannot be reached privately.

6. What evidence will I need for a personal injury case?

For a personal injury case, it is best to have as much evidence as possible. You and your lawyer can decide what type of evidence will be most helpful to your case, but commonly this can include:

Police reports
Repair estimates
Receipts
Medical records and bills
- Diagnosis paperwork
- Discharge instructions
Photographs of:
- The accident scene
- Injuries
- Road, sidewalk, floor, or other surface conditions (if applicable)
Witness statements
Insurance policies
Pay stubs showing lost wages

7. Do I need a lawyer for a personal injury case?

It is in your best interest to contact a lawyer after a personal injury accident. Insurance companies will not have your best interests in mind. If you are partially at fault, the opposition may try to lessen the compensation you deserve as well. Having a lawyer to help advise and navigate the legal process can not only take the burden off of your shoulders, but also allow you to receive the proper damages owed. Learn more about when hiring a lawyer for a minor injury or slip and fall becomes worth it.

8. How do I know what my case is worth?

Personal injury cases normally cannot be accurately estimated until all the facts are known and evidence is presented. Damages all depend on what can be proven!

9. What do I do after I get injured?

If you are involved in a personal injury accident, prioritize your health and safety. See a doctor as soon as possible, and keep any documentation you receive organized for your case. Then, contact a lawyer for a consultation.

10. How long do I have to file a personal injury claim?

In Kentucky, the statute of limitations, or how long you have to bring a case to court, is 1-2 years, depending on the type of claim. That is why it is important to contact a lawyer soon after your accident.

If you or someone you love has been injured in a slip and fall accident in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of slip and fall victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.