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 Kentucky 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.
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 Kentucky 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:
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 Kentucky. 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 important, 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.
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 (KRS 304.39-080 (5)):
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 rights when injured in Kentucky 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.
In Kentucky, 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)
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:
There are also some exceptions in car accidents to where PIP coverage is not primary (Kentucky Revised Statutes § 304.39-060). These exceptions are:
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.
When it comes to motor vehicle accidents Kentucky, like all states, 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:
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.
In our 42 years helping injured car accident clients fight for justice and compensation, we recognize several injuries that are the most common.
If you suffered any type of injury in a car accident in Kentucky, 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.
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 Kentucky 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 Kentucky 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.