For no-fault states, like Kentucky, the issue is complex, and your own Personal Injury Protection (PIP) insurance is your best bet to cover medical costs, lost wages and cost of care. This is usually limited to $10,000 unless you raise your PIP limits to $50,000 at little cost which we strongly recommend. However, even in no-fault states, an injured party is absolutely allowed to pursue a liability claim or personal injury lawsuit against the at-fault driver and if drunk can collect punitive damages. For more information, please see our car accident FAQ page. The Law Firm of Flora Templeton Stuart is a local Bowling Green Law Firm who can travel to you if you are injured by a drunk driver.
This case is probably going to be a tricky one. There may be two separate cases going on here: there’s a criminal case against the driver for committing a crime by driving drunk and hurting someone, and there’s a civil case against the driver for hurting you or damaging your property. The drunk driver might be asked to pay a fine in the criminal case, but that fine will go to the state, not to you. If you sue to recover damages, that will happen in civil court.
Insurance companies want to settle as quickly and cheaply as possible. After a car wreck, the at-fault driver’s insurance company will most likely contact you and offer you a settlement figure. Injury Lawyer Flora Templeton Stuart oversees all negotiations for our clients with over forty years experience in auto and truck wreck cases.
It’s up to you, but it’s advisable not to settle because the insurance company may try to settle for a cheap amount before you know the extent of your injuries, it’s a good idea to take the case as slowly as necessary to see the full repercussions. Some injuries can take time to appear or aren’t immediately apparent.
It’s best to seek legal advice about your case and call a local Kentucky lawyer. Do not settle immediately and do not sign anything. If you settle quickly, you’d be asked to sign a release of liability form, which is signing your rights away to claim for further injuries pertaining to the wreck no matter the severity. At the Law Firm of Flora Templeton Stuart, we will protect your rights and unless we litigate we never charge for property damage or recovery for PIP benefits.
Keep any photos of your vehicle and your visible injuries. Write down names of witnesses that may have seen the wreck with their contact information.
Before you race to the courthouse and file your lawsuit, it may be best to start by talking settlement with the other driver’s insurance company with a local Kentucky lawyer handling the negotiations. This is not usually wise until you have recovered from your injuries. In every state, drivers are required to carry a certain minimum amount of car insurance and $25,000/$50,000 liability in Kentucky. Pip benefits are limited to $10,000 which can be reserved for immediate payment of medical bills and wages. PIP benefits can be raised to $50,000 on your own policy for your protection. Injury Lawyer Flora Templeton Stuart immediately reserves PIP benefits for her clients.
There are very few scenarios where insurance companies will bend over backward to avoid a lawsuit, but a surefire one is when they’re insured and convicted of DUI or DWI in connection with a car wreck. Insurance companies know that, if the lawsuit against their insured goes to trial and a jury is allowed to decide on a monetary award for a sympathetic plaintiff who has been hit by a drunk driver, they’re going to end up paying through the nose. So an injury settlement, even one that is on the high end, is often in their best interest. Punitive damages can be collected where the person who caused the wreck was intoxicated on drugs or alcohol.
At the conclusion of your case, the Law Firm of Flora Templeton Stuart will return your medical records and file to you. We will also negotiate a reduction in medical bills and liens that must be paid from your settlement such as Medicare and Medicaid.
If you or a loved have been hurt by a drunk driver in a wreck, the sooner you hire a local attorney, the better. The insurance company’s attorneys are already preparing their defense. The Law Firm of Flora Templeton Stuart is here to help you. Call us toll-free at (888) 782-9090 seven days a week, twenty-four hours a day.
“Why should I hire your firm?”
We have the experience and resources to make a difference in the lives of our injured clients. We are the law firm that cares about you.