A car accident could result in serious injuries that require a lengthy, costly recovery period. If you were involved in an accident, the responsible party could be liable for any damages you suffered. It could be possible to hold that party accountable through a personal injury lawsuit.
If you are considering legal action after a car accident, you could benefit from speaking with one of our attorneys first. Numerous pitfalls come with an accident case, and an honest mistake could be harmful to it. Let a Fort Thomas car accident lawyer from Isaacs & Isaacs Personal Injury Lawyers help you pursue fair compensation for your injuries and other damages.
Personal Injury Compensation Come in Different Forms
Whether you negotiate a settlement or secure a verdict at trial, the compensation you recover will be made of up different types of damages. Each of these damage types represents a different form of harm you suffered.
Compensation falls into one of two categories: economic damages and non-economic damages. It is not uncommon for a person injured in a car accident to recover both types of compensation.
Economic Damages
Economic damages exist to help you replace your out-of-pocket financial losses following an accident. If your case is successful, your economic damages should return you to the exact financial position you were in prior to the collision.
The most prominent economic damage in car accidents is usually medical bills. The cost of medical care can be high after an accident, and you could seek to recover the full amount of these bills from the other party. Your lost wages are another common example of economic damages.
Economic damages can be measured. Since this form of compensation is designed to replace what was lost, you can identify down to the cent what your economic losses are worth. Proving your economic damages could rely on documents like medical bills or towing receipts.
Non-Economic Damages
Non-economic damages do not return you to the financial position you were in prior to the accident. Instead, these damages are intended to cover the immeasurable hardships that can come with a car accident. Unlike economic damages, there is no simple way to place a value on your emotional or physical pain.
The challenge that comes with non-economic damages is that they are subjective. The pain suffered by one person cannot be objectively compared to another’s. Your attorney could valuate your non-economic damages based on how your life has changed in the aftermath of a crash.
The most common types of non-economic damages include pain and suffering, as well as loss of consortium.
For a free legal consultation with a car accidents lawyer serving Fort Thomas, call 800-333-9999
Kentucky Is a No-Fault State
Every state is either an “at-fault” or “no-fault” state when it comes to an injured motorist’s right to file a lawsuit related to the crash. In a fault state, injured parties can file a civil suit against the individual or entity that caused their accident.
In a “no-fault” state, drivers are typically required to file a claim with their own insurance policy instead of pursuing compensation from the party that caused the crash.
Kentucky is a no-fault state, which means that in some cases your ability to file a lawsuit against the responsible party could be limited. The good news is there are important exceptions to this rule that could allow you to seek compensation from the at-fault party.
Exceptions to No-Fault Rules
An important exception could allow any driver to move forward with an injury lawsuit after a car accident. In fact, these exceptions apply to all major injury cases. You could be able to avoid the no-fault insurance process and file a lawsuit if you:
- Sustained more than $1,000 in medical expenses
- You sustained broken bones, permanent disfigurement, or permanent loss of body function
The ability to step outside of the no-fault system could be in your best interest. You could recover all the compensation you’re entitled to, whereas with an insurance claim you may not.
Kentucky Is Also Considered a “Choice No-fault” State
Kentucky’s no-fault rules will not apply to every driver. That is because Kentucky is considered a “choice no-fault” state. This distinction means that drivers can opt out of no-fault rules when they purchase their insurance policy.
If you decline the option for personal injury protection (PIP) coverage, you are not bound by Kentucky’s no-fault insurance rules.
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How Much Time Do I Have to File a Car Accident Lawsuit in Fort Thomas?
Even if you have the right to bring an injury lawsuit in Fort Thomas, that right is not open-ended. There is a time limit that you must abide by, and the failure to do so could be a costly mistake. The deadline for your case is known as the statute of limitations, and it is governed by Ky. Rev. Stat. § 304.39-230.
Under the statute, you usually have two years from the date of the accident to file your lawsuit. This two-year window could be extended under certain circumstances, but exceptions will not apply in every case.
To be sure you file your claim before the deadline expires, you could benefit from speaking to one of our attorneys immediately after your accident.
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Let One of Our Lawyers Assist You After a Campbell County Car Accident
If you were hurt in a car accident, there is no time to waste in pursuing your injury case. Any delay only helps the at-fault party, and waiting too long could result in the court dismissing your case entirely. Our firm is ready to help you review your options and pursue the compensation you need.
Let Isaacs & Isaacs Personal Injury Lawyers investigate the facts of your accident and assist you with building a winning personal injury case. If you are ready to discuss your options with a compassionate team member, now is the time to reach out. Call 1-800-800-8888 as soon as possible for your free consultation.
Call or text 800-333-9999 or complete a Free Case Evaluation form