There are 6 million car accidents every year in the U.S. Each one of those affects real people and their families. Whether it’s injuries and costly medical bills, lost wages, emotional damage, or even death, the results of an auto accident can be life-changing and traumatic
No-Fault Car Insurance Rules
Kentucky is a “no-fault” insurance state, which could limit your right to sue the negligent driver. So, there are some restrictions that might affect your right to sue and what you might collect. In order to sue someone after a car accident in Kentucky, you must have at least $1,000 in medical expenses or have suffered any one of the following;
- A broken bone
- Loss of a bodily function
- Disfigurement
- Amputation
- Permanent injury
- Wrongful death.
“No-fault” also means your motor vehicle liability policy includes coverage to pay the first $10,000 of your medical bills and lost wages arising from your accident – regardless of who was at fault.
An experienced and local personal injury and accident attorney can help you better understand how these no-fault laws might affect your case. Get a free consultation with an expert, today.
Comparative Negligence
Kentucky is one of a handful of states in the country that use a pure comparative fault system for any claim of negligence. That means that a person can have the right compensation even if he is at fault.
The amount of that compensation, though, depends on the level of fault. If you went to trial and were awarded a $100,000 claim, you may not get all $100,000 of it depending on your level of fault. If you’re found 25% at fault for the accident, you would be able to collect only 75% of the reward, or $75,000.
Even if you are found to be 90% at fault, you can collect 10% of that reward,
This means that if you are injured in an accident, it may be worth pursuing a claim even if you may be found at fault. That also means that proving the degree of fault becomes important in cases like yours.
Statute of Limitations
A statute of limitations is the window of time after an accident or injury in which you can take legal action. When that time passes, you lose the right to pursue any claim or lawsuit.
Here in Kentucky, that window is 2 years in nearly all cases. That means that you have 2 years from the date of your accident to file a personal injury lawsuit.
There are a few factors that can increase or decrease that window. To know exactly how these statutes of limitations laws affect your case and whether any factors may change your window of time, talk to an experienced personal injury attorney that is familiar with your state as soon as possible.
Consult an Attorney
Any time you or a loved one is involved in an accident, the first priority must be that you get medical help for any injuries. After you have been cared for, it is important that you reach out to an attorney.
Not only should you seek legal advice about a potential claim, but you have to be prepared to protect yourself from legal harm if the police or the other party involved in the accident decides to take legal action against you.
Speaking to an attorney that understands your state’s laws and has experience with personal injury and auto accident cases can help protect your rights and make sure that you aren’t taken advantage of in the difficult times after an accident.
How We Can Help
When you call our office at Spivak and Sakellariou, you’ll get a free consultation.
During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help to protect you and your rights.
Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances. When we have a complete understanding of your situation, we can help you understand if you are in a position to make a claim or file a suit.
Give us a call today so we can help you navigate the complicated waters this accident has put you and your family in.
