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Bowling Green Car Accident Lawyer

A serious injury from a car accident requires more than just medical help. After a wreck, the injured victim can be left facing costs with mounting medical bills, the immediate need for medical treatment, and lost income. Furthermore, their vehicle may have been damaged or totaled which they must repair or replace.

If someone else’s negligence has caused an auto collision resulting in the serious injury of you or a loved one, contact the Law Firm of Flora Templeton Stuart to speak with a Bowling Green car accident attorney. For decades, our personal injury lawyers have successfully collected damages for injured clients in auto accidents. Call 888-782-9090 or contact us online for a free case evaluation today. No fee is charged unless we win your case and we travel throughout Kentucky to our injured clients in vehicle collisions.

Bowling Green Car Crash Attorney, Flora Templeton Stuart, inspecting auto accident damage

Damages—Can I Collect?

Our law firm works hard to get our injured clients maximum recovery when they have been in an automobile collision through no fault of their own. Our clients often want to know, “how much will you collect for me?”. The value of each car accident case in Bowling Green is determined by several factors, which are unique to each case. The amount we collect depends on the severity of the injuries, medical treatment, any lasting disabilities or permanent injuries, lost income when disabled from work, level of physical pain and the amount of insurance available to collect.

At the Law Firm of Flora Templeton Stuart, our attorneys leave no stone unturned to collect damages from the insurance companies that can include liability, uninsured, and underinsured coverages.

Damages usually include:

  • Medical Expenses, past, and future
  • Disability costs or live-in care
  • Disfigurement, loss of limbs or permanent scarring
  • Physical pain and emotional suffering
  • Replacement vehicle or repairs
  • Rental vehicle
  • Lost wages
  • Lost capacity to earn
  • Lost love, companionship and guidance (consortium claim)
  • Funeral or burial expenses
  • Punitive damages

Some states place caps on different types of damages or maximum amounts an injured person can recover. There is no limitation on the amount of damages or compensation a seriously injured person in an automobile accident can collect in Bowling Green, KY. You should recover a reasonable amount of compensation for your economic losses (out of pocket expenses), non-economic damages and/or punitive damages. Personal injury lawyers at the Law Firm of Flora Templeton Stuart will review your car accident case, without charge or obligation, with our free case evaluation form or personal consultation. Most importantly, we work from day one to make sure you have the medical treatment and documentation needed to prove your injuries while we investigate liability with photos, witnesses, and experts to establish the value of your case so you will collect the money you deserve.

Should I Hire A Lawyer If The Accident Wasn’t My Fault?

As a matter of law, almost every state requires motorists to carry some level of liability insurance. The bare minimum car insurance requirement for Kentucky drivers is:

Bowling Green, Kentucky Car Accident Lawyers

  • $25,000 bodily injury per person per accident
  • $50,000 bodily injury for all persons per accident
  • $10,000 property damage liability

Collision coverage will cover damage to your vehicle once you pay a contractual deductible. If you have full collision coverage on your vehicle than your own insurance company can pay the property damage and If the accident was the other driver’s fault their insurance company will reimburse your insurance company without affecting your rate. Our firm does not charge a fee for property damage if we represent a client in an injury claim.

If the at-fault driver is uninsured or underinsured and you have uninsured or underinsured motorist protection (UM or UIM), you can file a claim with your own insurance company. These types of coverage will stand in for the other motorist’s liability coverage and provide you with compensation for your injuries. The Law offices of Flora Templeton Stuart can help you negotiate with the other driver’s insurance company to obtain fair compensation for your serious injuries or expensive losses.

Hiring a lawyer after your vehicle collision will give you answers to your most pressing questions. Our attorneys can provide tailored information for your specific case, as well as knowledge from thousands of other car crash cases we have successfully negotiated in the past. You can have peace of mind and time to focus on yourself while our lawyers take care of the claims process on your behalf. Our personal injury lawyers can help you with every step of the legal process in the pursuit of maximum compensation. The Law offices of Flora Templeton Stuart has experienced car accident lawyers who will fight for your best interests in recovering the maximum amount of damages you need to pay for your recovery.

Knowing Your Legal Rights in Bowling Green Car Accident Cases

Knowing your rights when injured in Bowling Green in a car accident is invaluable in pursuing a personal injury claim. We are ready to navigate KY statutes with case law to achieve the best possible results for your case. If you hire the Law Office of Flora Templeton Stuart you can gain access to legal professionals who have dealt with state car accident laws for decades.

Reporting Requirements

In Bowling Green, KY you must file a report with the police if the accident results in injury, death, or property damage over $500. (KRS § 189.635) You must also file such a report within 10 days of the accident, or else you may have to pay a fine or have your driver’s license suspended. (KRS § 189.635)

Bowling Green, KY No-Fault and Comparative Negligence

Kentucky follows a pure comparative law negligence system (KRS § 411.182). This means that if both you and the other driver are partially responsible for the accident, then the fault will be distributed between both of you in different percentages. When determining who was at fault, various factors are considered including recklessness and carelessness of the drivers. This system of laws allows you to recover damages even if you are found partially at fault for the accident. Essentially, the courts will reduce the plaintiff’s compensation amount by his or her percentage of fault.

Kentucky Law requires all insurance companies to offer Personal Injury Protection (PIP) with all automobile policies sold in the State of Kentucky. (KRS 304.39-030) Insurance companies must offer $10,000 in PIP coverage, but you can purchase more coverage up to $50,000. This means that no matter who is at fault in a motor vehicle accident, an injured driver can have his or her car insurance pay for a certain amount of lost wages and medical bills during or related to the accident and replacement services. (KRS 304-39-060(4).) If you have been in an accident, the lawyers at the Law Office of Flora Tempelton Stuart can help you build a case with a relentless focus on determining the other driver’s negligence.

In order to be compensated by the at-fault driver, the injuries and medical bills must be $1,000 or more, or the injuries in the injury claim resulted in one of the following:

  • Bone fracture
  • Permanent disfigurement
  • Permanent injury

There are also some exceptions in car accidents to where PIP coverage is not primary (Kentucky Revised Statutes § 304.39-060). These exceptions are:

  • If the auto accident was work-related.
  • If the person has rejected PIP. (see below)
  • If the person is the owner of the vehicle which is not insured.

Any person can refuse to consent to the limitations on tort liability and decide in advance not to take PIP insurance should they be involved in a collision. This is done in writing on a form filed with the Kentucky Department of Insurance prior to any motor vehicle accident.

Statute of Limitations

When it comes to motor vehicle accidents Bowling Green, Kentucky has a specific period of time in which the injured has to either settle their claim or proceed forward with a lawsuit. This time period is called the Statute of Limitations. Even if you purchase liability-only coverage you will still have PIP coverage unless you rejected it. KRS 304.39-230(1) provides that an action for PIP benefits must be commenced no later than two years after your client suffers the loss (i.e. incurs medical bills and lost wages) and either knows/should have known that the loss was caused by the accident, or not later than four years after the accident, whichever is earlier. This means that the statute of limitations for purposes of collecting PIP runs from the date of the medical treatment, not the car wreck. So, if a client comes to you more than two years after the accident, a claim for PIP benefits can be presented for the first time up to four years after the accident. However, you may only collect bills incurred within two years of your first claim; in other words, there is a two year “look back” period.

There are special exceptions when the statute of limitations is not the two year period. These exceptions are:

  • Claims by minors or persons rendered incompetent- For minors, the two-year time limit would not begin until they reach 18 years old or are emancipated from being a minor (KRS § 413.170).
  • UM/UIM claims- if the party responsible for your accident or injury does not carry insurance then you can make a claim against your own insurance company for the personal injury damages that occurred due to the uninsured’s negligence. Still, uninsured drivers aren’t the only problem when dealing with an accident claim. If an at-fault driver has low insurance limits or insufficient coverage and the accident victim has significant damages, there may not be enough money for the injured to be fully compensated, leaving them to cover the cost of any losses. Drivers who protect themselves by purchasing underinsured motorist coverage can help pay for expenses related to medical bills and lost wages and provide better outcomes for their families while they are recovering. The statute of limitations for this type of claim is the time period specified in your insurance policy but must be at least two years.
  • Wrongful death- Wrongful death claims are generally covered under the one-year period of limitations and personal injury claims are generally covered under a one-year limitations period. However, in a case where the Motor Vehicle Reparations Act is applicable, a longer two-year period of limitations will apply in a vehicle collision that caused death (KRS 304.39–230(6), 413.140(1)(a), 413.180(1)).
  • Loss of Consortium- Claims can be made by a spouse of the injured party for loss of companionship and services of the actual injured party. Claims can also be made by a minor child whose parent is deceased due to the motor vehicle collision. The statute of limitations is one year from the date of the accident per KRS 413.140(1)(a).

Many rules regulate the civil justice system in Kentucky. Missing or ignoring any of them could mean losing your right to recovery for your auto accident. Working with our team of accident lawyers is the best way to navigate the legal system in a vehicle accident. Our attorneys understand the statutes that relate to your specific claim. We will help you with these complex tasks in our legal system.

Common Injuries

In our 42 years helping injured car accident clients fight for justice and compensation, we recognize several injuries that are the most common.

  • Broken bones, fractures of the skull or spinal cord can cause catastrophic, life-altering injuries. Broken bones in other places can cause temporary or permanent disabilities as well.
  • Scarring- Serious lacerations may require stitches and cause permanent scarring.
  • Soft-tissue injuries- The muscles, ligaments, and tendons in the body may be unable to withstand the forces of an auto accident. Soft-tissue injuries such as muscle sprains or whiplash can be painful and at least temporarily debilitating.
  • Head and brain injuries- Car accident victims can suffer from skull fractures and/or traumatic brain injuries.
  • Concussions, diffuse axonal injuries, hematomas, edemas, and hemorrhages can give a survivor lasting problems such as physical or cognitive disabilities.
  • Back, spine and neck injuries- The spinal cord can suffer many injuries in a crash, including a fracture, severed spine or herniated disk. Spine injuries can cause significant pain and disability. A survivor may suffer chronic back pain or more serious disability, such as paraplegia or quadriplegia.
  • Internal injuries, damage to the lungs, kidneys, liver and/or other internal organs can be fatal. If the victim survives, he or she may permanently lose function in the affected organ. Internal bleeding is also a serious complication that can arise from an auto accident.

If you suffered any type of injury in a car accident in Bowling Green, schedule a free case evaluation with one of our attorneys to discuss your situation. We can review your case at no cost or obligation and let you know if you have grounds for a claim. If so, we will fight for fair financial recovery for your injuries and losses.

Warren County Vehicle Accident Injury Statistics


Source: transportation.ky.gov

Frequently Asked Questions About Car Accidents

What should I do if I have been in an automobile accident through no fault of my own?

You should immediately report all auto wrecks, however slight, to the police and your insurance company. If you were injured, seek medical attention immediately. Get the name, address, license number, plate number, and insurer from the other driver. Write down details of the auto accident including date, time, location, what happened to cause the accident and other details while they are fresh on your mind. If possible, also get names, addresses, and phone numbers of witnesses and take photos of the vehicles and scene of the accident (such as damage to vehicles, skid marks, road signs, or anything that might have contributed to the wreck). An experienced car wreck attorney can help you preserve the evidence you need to win your auto accident injury case. Your insurance company should be notified before you authorize repairs to your car, but do not discuss the accident with the other driver’s insurance company before consulting with an attorney. If you have been injured in a car accident, contact the Law Firm of Flora Templeton Stuart at (888) 782-9090 immediately so you can focus on what is most important–recovering from your auto wreck injuries.

What type of auto accident cases do you handle?

Personal injury attorney Flora Templeton Stuart has decades of experience representing clients injured due to car wrecks, semi accidents, hit and run accidents, DUI accidents, motorcycle wrecks, pedestrian accidents, bicycle accidents, truck wrecks, and other motor vehicle accidents. If you or a loved one has been injured or killed in an auto accident that wasn’t your fault, contact us for a free case evaluation. We can help you get all the compensation you deserve.

I am injured and can’t travel, will you meet me at my home or another location?

If you have been injured in a car accident and can’t come to us, we will meet you at your home, in the hospital, or another location that is convenient for you. You can call us 24/7 or fill out our online contact form.

What types of injuries can result from an auto accident?

Injuries caused by car wrecks can range from minor (cuts and bruises) to catastrophic (head/brain injuries, spine injuries, burns). You should immediately seek medical attention for any personal injury sustained in an automobile accident–even if you think it is minor. Our number one goal in any auto wreck case is to help our clients recover as fully as possible by facilitating their medical treatment with quality doctors and specialists. Contact us to learn how we can help you get the medical attention you need after a car accident has turned your life upside-down.

What insurance covers me in an auto accident?

Several types of insurance may apply in your car wreck injury case including:

  • Property Damage – Comprehensive Coverage on your own policy or Liability Coverage from the at-fault driver.
  • Personal Injury Protection (PIP) or “No-Fault” Insurance – coverage on the car you were in at the time of the accident that covers the first $10,000 of your lost wages, medical bills, and other expenses incurred during your recovery.
  • Health Insurance – your personal health insurance policy covers bills for your medical treatment.
  • Short-Term and/or Long-Term Disability – policies through your employer that provide wage replacement during your recovery.
  • Uninsured Motorist Insurance (UN) – coverage on your own policy to protect you if the at-fault driver did not have insurance.
  • Underinsured Motorist Insurance (UIM) – coverage on your own policy to protect you if the at-fault driver did not have enough insurance to cover all of your bills.
  • Life Insurance – coverage that may apply if a loved one died due to an auto accident.

For more information on auto insurance, see our Insurance Blog. If you have questions about auto insurance coverage, call personal injury attorney Flora Templeton Stuart at (888) 782-9090. As an experienced auto wreck lawyer, she will help you find all of the applicable insurance coverage available to help you recover from your car accident injuries.

What compensation is available in my auto accident injury case?

In any car wreck injury case, your recovery amount should take into account the immediate needs of you and your family as well as all future expenses including medical bills, rehabilitation or therapy, lost wages or lost earning capacity, and long-term care, if needed. You may also be entitled to seek punitive damages, pain and suffering, and other compensation against the at-fault driver. In some cases, a victim’s family can seek restitution for loss of consortium (companionship) or a wrongful death claim if the injuries lead to the passing of their loved one. Contact us for a free car accident case evaluation so you can get all the compensation you are entitled to.

How long do I have to file a claim in an auto accident injury case?

In most auto accident injury cases, you have 2 years to file a claim. Determining the exact date of the statute expiration can be tricky as it could be from the date of the accident or the date of the last payment made by your PIP (no-fault) insurance. If the case involved a fatality, the statute is generally only 1 year to file suit on behalf of the victim’s estate and family. If you are pursuing a claim under your Uninsured Motorist Insurance (UN) or Underinsured Motorist Insurance (UIM), the statue might only be 1 year. Contact an experienced car wreck lawyer right away to protect your rights.

The insurance company wants me to sign a release or a medical authorization. What should I do?

If you are only settling the property damage on your wrecked vehicle, you need to be very careful that the release you are about to sign is limited to the property damage only. You do not want to inadvertently sign away your rights to collect for medical bills, lost wages, or other expenses related to your injuries. You should not sign any forms from the insurance company before you speak to an auto accident attorney. We would be glad to review the forms with you to help protect your rights.

The insurance company has made an offer to me for my car wreck injury. Should I accept it?

Never accept any payment from the insurance company before consulting with an attorney – especially if you or your loved one has suffered a catastrophic injury. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced car wreck attorney can help you determine the full value of your case in terms of past, present, and future medical bills, past, and future lost income, and additional losses for you and your family. Contact us immediately to investigate your car wreck injury claim to ensure you get all the compensation you deserve.

What can a lawyer do for me in my auto accident injury case?

If you have been injured in a car wreck, your top priority should be getting better. An auto wreck attorney can help you by doing paperwork, making phone calls, and gathering evidence that you may be too injured or stressed to do on your own. We will help you get into doctors and specialists to treat your injuries. We can help you get compensation for your lost wages and assist with your property damage claim or acquiring a rental vehicle. We handle all negotiations with the insurance companies on your behalf to make sure you get a fair settlement. If needed, we will take your case to mediation, arbitration, or even before a jury if the insurance company will not pay what is fair. If you have been injured in a car accident, contact us to learn what we can do for you.

How do I pay for an attorney in an auto wreck injury case?

The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid if you get paid in your auto wreck injury case. Call Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty-four hours a day/seven days a week.

What is PIP?

In Kentucky, Personal Injury Protection (PIP) is insurance on the vehicle you were in during the accident. It pays for medical bills, lost wages, and travel to out-of-town medical providers during your recovery. Often referred to as “no-fault” insurance, these benefits are paid regardless of who caused the accident. At our law firm, we reserve PIP to be used by our clients’ treating physicians so the benefits are not used up before the client recovers. We recommend increasing your PIP coverage from the $10,000 minimum to $20,000 or $50,000 for better coverage in case of an auto accident. If you are seriously injured in an auto accident, you could be off work for months while incurring thousands in medical expenses that may not be covered by other insurance. Protect yourself and your family by raising your PIP limits. You will need to ask your insurance agent for this since it is not offered without you requesting this additional coverage.

Do I need Uninsured or Underinsured insurance coverage on my vehicle?

Underinsured and Uninsured Insurance is often included in vehicle policies and is very important to protect you and your family in the event of an auto accident. While driving without insurance is a crime, it still happens all too often, so it is important to have Uninsured (UN) motorist coverage to compensate you if you are injured by an uninsured driver. Underinsured (UIM) coverage compensates you if your injuries exceed the at-fault driver’s policy limits. For example, if you sustain $30,000 in medical bills from a car accident and the at-fault driver only has $25,000 policy limits, then your underinsured insurance would compensate the additional $5,000. Underinsured and uninsured policies may stack (add together) for all members of the household so if bills are especially high, then an injured person can seek compensation from all household members that have coverage. To protect your rights to stacking benefits, be sure to purchase separate policies on each vehicle with separate dec sheets. Contact an experienced car wreck attorney to learn more about Uninsured and Underinsured coverage and ask your insurance agent for this important coverage.

What insurance will pay for property damage to my vehicle after an auto accident?

Collision or Comprehensive Coverage is insurance you carry on your own vehicle to pay for damages in the event of a car accident. You should only purchase this insurance if the value of your vehicle exceeds the cost of the coverage—you don’t want to pay more for insurance than your car is worth. You may be required to have this coverage if you owe money on your vehicle or it is leased.

How do I protect myself if I am at fault in an auto accident?

To protect your personal assets, you should carry Liability Insurance on your vehicle to pay if you are at fault in an auto accident. In Kentucky, the minimum liability policy limits are $25,000 per injured person, $50,000 per occurrence, and $10,000 for property damage. We recommend that you have more coverage than the $25,000 minimum because if you cause an accident, and if the injured person gets a judgment against you for more than $25,000, they can attach your personal assets. You can raise these limits to $50,000/$100,000, $100,000/$300,000, or $300,000/$500,000 for just a few dollars a month. You can also purchase Umbrella Insurance if your assets exceed these amounts. You should always have coverage as much or more than your personal assets.

What is the meaning of “subrogation” when applied to my automobile insurance?

When your insurance company pays you for a loss caused by another driver, the company may recover the full amount of their payments made from that other party. This also means if your insurance company pays you, you will have to cooperate with them as they may sue the other party. You must repay your insurance company any amounts they have paid you if your claim against someone else is successful. There are some situations where the subrogation interests at an insurance carrier can be waived or defeated altogether. These are complex issues that require the advice of an experienced auto accident attorney.

There are many other types of subrogation such as Medicare, workers compensation, Medicaid, Erisa (Health Insurance), PIP, etc. who all may want to be paid back from your recovery in the case. It is very important to have an injury attorney experienced with subrogation liens when handing your case or these liens may “eat up” your entire recovery. The Law Firm of Flora Templeton Stuart works hard to protect you against liens whenever possible and contest liens that should not be paid.

 

Contact Our Car Accident Attorneys Today

Having our team of lawyers on your side who understand the insurance claims process and who can ensure you are not taken advantage of is invaluable. Our Bowling Green auto accident attorneys will represent you on a contingency fee basis, which means they will not be paid fees unless your case is successful.

Our Bowling Green car accident attorneys at the Law Firm of Flora Templeton Stuart understand the importance of receiving just compensation after an accident in order to put your life back together. We will work diligently and tirelessly to meet your needs.

Contact us today at (888) 782-9090 and have your case evaluated for free. With offices in Bowling Green, Glasgow and Greenville, we serve the injured throughout Kentucky.

Review: 5/5
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“I was hit by a car and taken to Greenview. I called Flora and they were before I got out of x-ray! They have been with me every step of the way, all the way and fought hard to make sure I received a fair settlement. Flora became more than my attorney, she was like family and I would more than recommend Flora to anyone!” -Margaret D.