A car accident can instantly change your life and force you to do things you weren’t expecting. For example, submitting insurance claims, negotiating with insurance providers, or filing a lawsuit. In addition, you may be confused about what to do next to ensure your physical, mental, and financial health.
If you were injured in a car accident that wasn’t your fault, a Lexington car accident lawyer from our personal injury law firm could help. They could help you navigate your lawsuit and pursue financial compensation for damages. Our experienced team is standing by to assist with a free consultation.
Reporting Your Car Accident
If you were involved in a car accident, you are required to call the police immediately. Kentucky law requires that you file a Civilian Collision Report with the Kentucky State Police within 10 days of the incident. However, this only applies if property damage totals more than $500 or if the car accident resulted in the injury or death of any involved parties.
For a free legal consultation with a car accidents lawyer serving Lexington, call 800-333-9999
What Is Choice No-Fault Car Insurance?
Kentucky is a “choice, no-fault” state for car insurance. That means drivers can choose between “at-fault” and “no-fault” insurance.
No-Fault Insurance
Drivers with no-fault insurance are required to have Personal Injury Protection (PIP) coverage. PIP pays for expenses after a car accident, no matter who is at fault.
According to Ky. Rev. Stat. Ann. §304.39-060, drivers with no-fault insurance cannot file a lawsuit to recover additional compensation. However, they can if their medical bills total more than $1,000 or they have suffered a severe or disabling injury (including one or more broken bones or permanent or disfiguring injuries).
If you have no-fault insurance, you will file a claim with your insurance company for your medical expenses and lost wages after a Lexington car accident. Basic PIP provides up to $10,000 per person per accident, but you can purchase a higher coverage amount if you choose. PIP coverage will not compensate for non-economic losses, such as pain and suffering.
At-Fault Insurance
Drivers can choose to complete a no-fault rejection form and submit it to the Kentucky Department of Insurance. If you previously waived no-fault insurance and are in an accident that is not your fault, you maintain the right to submit a claim with the at-fault driver’s insurance company or file a lawsuit against them.
Lexington Car Accident Lawyer Near Me 800-333-9999
Are You Eligible for Financial Compensation?
If you qualify to file a claim or lawsuit against the at-fault party, your attorney must prove that the at-fault party’s actions directly led to the accident. Your potential compensation, or damages, will fall under three different categories:
Economic Damages
These are monetary losses, including current and future medical expenses, lost wages (if you have to take time off work to receive medical treatment and recover from your accident), and lost potential earnings (if you have to work fewer hours or find a new job because of your injuries).
Non-Economic Damages
These are non-monetary losses such as pain and suffering, emotional distress, and lost quality of life.
Punitive Damages
Only in extreme cases, such as when the at-fault party engaged in willful misconduct or gross negligence, are punitive damages granted.
These damages are not intended to compensate for the plaintiff’s suffering during or following the accident. Punitive damages, on the other hand, are intended to hold the at-fault driver accountable for the actions that caused the collision.
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What Does It Cost to Hire a Lexington Car Accident Lawyer?
When you work with our team of personal injury lawyers, you don’t need to be concerned about paying upfront fees or out-of-pocket costs. We work on a contingency-fee-basis, which means our law firm does not charge fees or costs unless we win your case or settle outside of court.
If we help you earn fair compensation, we will take a percentage of that award, which we will make you aware of from the beginning of our lawyer-client relationship. However, you don’t owe our firm anything if you don’t recover anything.
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Can Our Personal Injury Lawyers Help You?
Our car crash attorneys are always ready to support our clients, protect their rights, and do all we can to help them get the maximum compensation they deserve. Our law firm has helped clients in Kentucky, Indiana, and Ohio recover over $2 billion in settlements.
We have an in-house litigation team, Spanish-speaking attorneys and paralegals, and a combined legal experience of over 400 years. Also, our firm has an on-site mock courtroom where clients facing a trial can practice and become familiar with court procedures.
Lexington Car Accident Law Office
A car accident can change your entire life. Don’t let the hospital bill or the insurance company interfere with your recovery. Call Lexington car accident lawyers ready to fight for your rights.
Our goal is to help you receive every penny you deserve. We work hard to ensure our clients are compensated for their injuries. If you’ve been injured in a crash, contact us immediately.
Our team offers free case evaluations. You don’t pay unless we win.
What Steps Should I Take After a Lexington Car Accident?
If you are involved in a motor vehicle accident, here are some steps you should take:
- Check to make sure everyone is okay. If someone appears hurt, call 911. You don’t want to wait too long because emergency personnel won’t arrive quickly enough to help.
- Make sure everyone gets out of the vehicle safely. Do not move the injured person unless necessary. Check for physical injuries on everyone involved in the crash. Take note of all of the injury victims. Render assistance as needed.
- Stay calm. Your emotions could affect how well you react during an emergency.
- Get names and contact info for witnesses. Note any other accident victims. This way, you’ll know who to call for follow-up questions and witness statements.
- Keep track of the location of the crash. Write down where you parked and where the vehicles came to rest.
- Document the incident. Photographs and video footage can be evidence in case something goes wrong. It can help determine who the negligent driver was.
- Make sure you retain copies of all of your medical records. The insurance company will need access to these documents related to your insurance policy.
- Contact an experienced car accident attorney near you in Lexington.
Do I Have a Car Accident Claim in Lexington, KY?
If you are involved in a car accident in Kentucky, completing the proper paperwork and contacting your insurance provider as soon as possible is important.
This includes filing a police report and contacting your insurance agent about making a claim. If you do not act quickly enough, there could be consequences such as paying higher premiums due to increased risk.
In addition to filling out the police report, you must call your insurance provider to ensure that you are covered under your policy. You may want to include information about how much damage was done to your vehicle. Also, keep documentation of the repairs and medical bills.
Fill Out Your Police Report Immediately After an Auto Accident
The police report is one of the most crucial pieces of paper you need to collect after a car crash. This document contains information like the date and time of the collision, its location, the names of everyone involved, and the type of damages sustained.
You should complete a police report within 24 hours of the accident, even if you do not feel physically hurt. In some cases, the police officer may ask you to wait longer, depending on what happened during the accident.
For example, if someone else caused the accident, you might be asked to wait until the person is arrested. However, you should still fill out a police report if you are injured. Try to note if the negligent party (the at-fault driver) was drunk driving or was impaired by alcohol or drugs.
It’s important to document drunk drivers in the accident reports as early as possible. It makes determining the negligent parties easier in a car accident lawsuit in the State of Kentucky.
Call Your Insurance Company About Making a Claim
After the police report is filed, you should call your insurance provider to discuss whether you are eligible for coverage. You may be able to recover compensation for your losses, including lost wages, property damage, and medical expenses.
Contacting your insurance provider can help ensure that you receive the benefits you deserve after being involved in a car crash.
Benefits of Hiring a Lawyer for Your Accident Claim
Accidents happen every day. Sometimes it’s because someone else is negligent; sometimes, it’s just bad luck.
Either way, accidents are stressful enough without dealing with the legal process. If you’ve been involved in an accident, taking steps now is important to protect yourself and your family. Here are some things to consider when hiring a lawyer for your accident claim.
What Type of Case Do I Have?
There are three main types of cases if you’re injured in an auto accident. These include bodily injury claims, property damage, and personal injury claims. Each one requires different skills and knowledge. For example, if you’re hurt in an auto accident, you might want to hire a personal injury attorney to handle the case.
This person will know how to navigate the complicated court system and file paperwork correctly. They will also know what documents to gather and where to send them.
How Much Does My Case Cost?
Our experienced lawyers work on a contingency fee basis. That means you pay no up-front fees for legal representation in your case or personal injury lawsuit. At the end of your case, your personal injury lawyer will take a previously agreed-upon percentage of your settlement as payment. Our law office has recovered over $2 billion in damages due to negligent actions.
Who Should I Choose?
When choosing a lawyer, ask around for recommendations. Ask friends, coworkers, and even your doctor about their experiences. Look up reviews online. Check out Yelp and Angie’s List sites to see what others think of the lawyer. Once you’ve narrowed your list, contact each potential lawyer and schedule a consultation.
During this meeting, you’ll learn about their experience level, qualifications, and fee structure. Then, you’ll decide whether you want to retain their services. Your best bet is to contact our law team. We have represented accident victims in Lexington for decades and understand the statute of limitations and other local laws.
When Should I Hire an Auto Accident Attorney?
It is best to hire an attorney as soon as possible. As time passes, evidence could be lost or destroyed. Injured drivers generally have two years from the day of the accident to file a lawsuit (Ky. Rev. Stat. § 304.39-230).
If you hire a Kentucky personal injury lawyer to manage your car accident case, they can help you collect evidence and relevant documents to file your claim.
Evidence your attorney may collect includes:
- Witness statements: This includes any witnesses who saw the accident. It could include police officers, emergency medical personnel, motorists, bystanders, or anyone else who was present.
- Medical records: These include reports from doctors, nurses, chiropractors, physical therapists, and so forth.
- Photographs: Any photos taken by the police or ambulance crew after the accident.
- Video footage: This includes anything recorded by dash cameras, cell phones, security cameras, or surveillance systems.
- Vehicle inspection report: This shows the vehicle’s condition before and after the collision.
- Medical bills: You may need to prove that you had injuries caused by another party’s negligence. Medical bills can help show this.
- Police report: If there were citations issued, these would be included.
- Insurance information: This includes policy numbers, coverage limits, and claims history.
- Other documentation: This includes insurance policies, receipts, invoices, bills, and so forth. The more information you provide, the better your chance of winning your case.
Your attorney must also ensure that all insurance companies are notified of your claim. This ensures that they don’t try to settle the case before you receive compensation.
It’s also important to note that filing a lawsuit against another driver doesn’t mean you won’t get paid by your insurer. You still must follow the terms of your policy.
The sooner you start gathering evidence, the better. This will make it easier for your lawyer to prove liability and win your case.
What Compensation Can Be Recovered in a Lexington Car Crash Claim?
In Kentucky, you are entitled to compensation for economic losses caused by someone else’s negligence. These include medical bills, missed work days, and even car repairs. You can also receive non-economic damages, such as pain, suffering, and emotional distress. However, some people don’t realize how limited these types of damages truly are.
We handle cases involving these types of damages from accident injuries:
- Loss of earning capacity: A person injured in a car crash may not be able to return to their previous job. They may need to take on different responsibilities at work.
- Severe injuries: Someone with severe injuries may require long-term care and rehabilitation.
- Mental anguish: Mental anguish is an intangible loss that cannot be measured in monetary terms. It can occur when someone experiences great fear, anxiety, depression, or grief.
- Pain and suffering: Pain and suffering are often referred to as non-economic damages. They’re meant to compensate victims for the mental anguish they’ve experienced due to the accident.
- Property damage: Property damage covers damaged vehicles, homes, landscaping, or other things that may have been damaged during a car accident.
- Medical treatment: Injuries sustained in a car accident can cause serious problems. Your doctor may recommend surgery, physical therapy, or medication. All of these costs money.
- Lost wages: Lost wages refer to any income you lost because of your injury. For example, you could be compensated for those earnings if you miss two weeks of work because of a back injury.
- Car repair: Damages related to car repair.
- Car rental: If you were forced to rent a vehicle while recovering from your injuries, you should be reimbursed for this expense.
- Brain injuries: Traumatic brain injuries (TBIs) can lead to permanent disabilities. TBI victims may experience memory loss, headaches, seizures, and other symptoms.
- Catastrophic injury: Catastrophic injuries are life-threatening accidents. They’re often fatal and involve major trauma.
- Emotional distress: Emotional distress occurs when someone suffers intense feelings of sadness, anger, or frustration. It can result from witnessing death or serious injury.
- Wrongful death: Wrongful deaths happen when a loved one dies as a direct result of another person’s negligent actions. Your family may be eligible for compensation.
- Disfigurement: Disfigurements are visible signs of an injury. They can include scarring, disfigurement, burns, cuts, bruises, broken bones, and other injuries.
- Physical impairment: Physical impairments are movement, sensation, or function limitations arising after an accident. Examples include paralysis, amputation, blindness, and hearing loss.
- Permanent injuries: Permanent injuries are lasting conditions that affect your ability to perform daily activities. They can include spinal cord injuries, traumatic brain injuries, and other health issues.
- Spinal cord injury: Spinal cord injuries occur when the spine is injured. These injuries can range from minor sprains to severe breaks.
If you suffer one of these types of damage and require medical care, it could mean losing out on financial support for yourself and your family. If you decide to pursue a claim, you must file a lawsuit within the time limit imposed by the statute of limitations. Otherwise, you lose your right to seek recovery for those damages.
How Much Compensation Can I Receive?
The amount of compensation you’ll receive depends on several factors, including:
- Your age, health, and occupation
- Your current health status
- The severity of your injuries and whether you suffered a catastrophic injury
- Whether you need future medical care
- The extent of property damage caused by the accident
- The fault of the driver who caused the accident
- The type of insurance coverage you had before the accident
- The total value of the settlement offer made
- How much fault was attributed to the driver responsible for causing your accident
Call us for legal assistance and to discuss your case.
Contact Us Today for a Free Consultation
Car accidents are upsetting and overwhelming. The injuries and property damage you have experienced may be difficult to recover from financially and emotionally. In some cases, a car accident can permanently change your life.
Our Isaacs & Isaacs Personal Injury Lawyers understand that the period after a car accident in Lexington can be difficult. That is why we are dedicated to guiding our clients through the legal process and helping them receive fair compensation. Contact us for legal guidance and a free consultation today if you or a loved one has been injured in a car accident.
Call or text 800-333-9999 or complete a Free Case Evaluation form
