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Kentucky Car Accident Lawyers

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. Their vehicle has been damaged or totaled which they must repair or replace.

If someone else’s negligence has caused an auto collision resulting in 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 an auto accident. 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.

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 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:

  • 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 Kentucky. You should recover a reasonable amount of compensation for your economic (out of pocket expenses) losses, non-economic damages and/or punitive damages. Personal injury lawyers at the Law Firm of Flora Templeton Stuart will review without charge or obligation your car accident case 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.

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

Kentucky & Tennessee Car Accident Lawyers

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)):

  • $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 Kentucky Car Accident Cases

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.

Reporting Requirements

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 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 looked at 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 injury claim resulted in one of the following:

  • Bone fracture
  • Permanent disfigurement
  • Permanent injury

(Kentucky Revised Statutes § 304.39-060). There are also some exceptions in car accidents to where PIP coverage is not primary to. 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 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. Meaning, 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. Uninsured drivers aren’t the only problem when dealing with an accident claim though. 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. KRS 304.39–230(6), 413.140(1)(a), 413.180(1). In a vehicle collision that caused death.
  • Loss of Consortium- Claim 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 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 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.

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 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.