What should I do if I’ve been injured through no fault of my own?
The first thing you should do following a serious injury is seek medical treatment. As soon as you have done so, you or a member of your family should get in touch with a dedicated Kentucky personal injury attorney. A personal injury lawyer can protect your rights following a severe injury and advise whether filing a lawsuit against the responsible party is a good idea or not.
Should I accept the settlement offered by my insurance company for my injury?
You should never agree to any settlement unless you have first discussed the offer with a knowledgeable personal injury lawyer. Sometimes claims examiners act in good faith and offer a fair settlement right away, but most of the time you can get a far more just settlement when a claims examiner knows your personal injury attorney is willing to go to trial on your behalf.
Who can I hold liable for my injuries?
Depending on the circumstances surrounding your injuries, there are numerous individuals or parties you may be able to hold liable, including drivers of large trucks, healthcare professionals, property owners and manufacturers/sellers of equipment. Your personal injury attorney may be able to point out other persons whose negligence or misconduct may have contributed to your injuries and help you hold them liable in civil court.
How much money can I receive in a personal injury case?
The exact amount of compensation for which you are eligible depends on many factors, including the type of insurance policies involved, the extent of your injuries and to what degree you yourself might have helped contribute to an injurious accident. You should, however, be able to recover damages sufficient to address your medical expenses and lost wages as well as for non-economic factors such as the pain and suffering you have endured because of your injury.
How long will my case take to resolve?
It is in the interest of insurance companies to delay the resolution of a case for as long as possible. However, you can expect that your case will take somewhere between six months and a year to be resolved. A personal injury case can take even longer if a trial is involved.
How can a personal injury lawyer help me win my case?
Rules and regulations surrounding personal injury cases are very complicated in the state of Kentucky. Insurance companies and the claims examiners who work for them are experts at denying, delaying and reducing claims whenever possible. A personal injury lawyer can keep them acting in good faith and prevent them from taking advantage of your lack of legal know-how. That’s our job, and it’s a job we’re proud to say we do very well.
Why was my workers’ compensation claim declined?
One of the most common reasons for the denial of a workers’ compensation claim is that the claim was not reported or filed on time. State law requires that you report the claim immediately, often within a matter of days. Your employer is required to inform the state and/or its workers’ compensation insurance provider just as quickly. Another common reason is that the employer simply disputes the claim, usually because he or she is attempting to decrease insurance expenses and liability.
What does “choice no-fault” mean in regards to auto accidents?
Under no-fault car insurance systems, if you suffer an auto-related injury you must first turn to your own car insurance coverage, regardless of who is to blame for the accident. Under Kentucky state law, however, drivers have the choice of “opting out” of the no-fault system and purchasing traditional tort-based coverage. Additionally, drivers who opt to remain in no-fault can still file a liability claim, depending on the details of their situation.
How long do I have to file a personal injury lawsuit following a car accident?
In Kentucky, the statute of limitations for claims involving auto-related injuries is two years for those suffering a personal injury and two years for those seeking compensation for property damage.
What qualifies as “wrongful death” in the state of Kentucky?
Pursuant to Kentucky state law, a wrongful death occurs when the death of the victim results from “negligence and/or the wrongful act(s) of another.” The negligent and/or reckless behavior that causes death may be unintentional or intentional, such as assault.