Car accidents can be costly in Madisonville, KY. Besides fixing the damage to your car, you might have injuries that require expensive medical treatments. You also might not be able to work for a while, resulting in additional financial loss. However, you can still exercise your right to file a claim to recover from the accident.
Let us examine the laws related to your situation and how a Madisonville car accident lawyer can help you take legal action.
Initial Recovery Options After Your Madisonville Car Accident
In a conventional no-fault state, you typically would not be able to file a claim against liable drivers unless you meet certain conditions. But Kentucky is one of the few choice no-fault US states, which opens up your options for compensation after the Madisonville car accident. So let us go into detail on how you can proceed.
For a free legal consultation with a car accidents lawyer serving Madisonville, call 800-333-9999
If You Carry PIP Insurance
In a choice no-fault state, you have the right not to have personal injury protection or PIP insurance. But if you do keep your PIP coverage, you need to carry at least $10,000. Personal injury protection will pay for many of the expenses related to your injury, such as:
- Medical treatments
- Prescription drugs
- Lost earnings due to inability to work
- Replacement services (e.g., you had to hire cleaning or childcare services because the crash rendered you disabled for weeks or months)
PIP insurance helps protect you from getting sued by other parties. But it also means that you cannot file a claim or lawsuit against the driver unless your situation fits the criteria in Kentucky Revised Statutes § 304.39-060. These conditions include:
- If your medical expenses are over $1,000
- You suffered permanent injuries
- You suffered an amputation
- You had bone fractures
- A loved one’s death in the accident
If You do Not Carry PIP Insurance
Should you reject your PIP coverage option, the law lets you file a claim with the other driver’s liability insurance provider. Motorists in Madisonville must have liability coverage as ordered in Kentucky Revised Statutes § 304.39-110. Should a driver cause an accident, this type of insurance will pay for the victim’s injury and property damage-related expenses. Liability coverage also compensates for death-related costs.
Rejecting your PIP option also means you would not have to meet any special conditions to file the liability claim. However, others will also be free to file against you if you are liable.
The Madisonville car accident lawyer can help gather evidence from the accident to support your claim. They can also investigate and identify other involved parties. For instance, there could have been roadwork lacking proper signage that caused drivers to swerve dangerously. You may also be able to hold the contractor in charge liable in such a scenario.
Madisonville Car Accident Lawyer Near Me 800-333-9999
Filing a Car Accident Lawsuit in Madisonville
You could consider filing a car accident lawsuit against the liable motorist if their liability coverage is insufficient. You could also do so if you did not get a favorable settlement from their insurance company.
Instead of a claims adjuster, a judge or jury will decide the amount you can recover from the other party—even if the latter has to tap into personal assets. Civil cases can take several proceedings before the court reaches a verdict. The Madisonville car accident lawyer can represent you through each one.
There is a chance that the at-fault driver might not want to go to court. Getting a case filed could motivate them to propose a private settlement instead. The car accident lawyer can also negotiate on your behalf if this happens.
The Time Limit for Filing Madisonville Car Accident Lawsuits
Complying with Kentucky’s statute of limitations is crucial to filing your Madisonville car accident case. It is essentially your submission deadline. However, the time limit depends on what type of suit you file:
- If you want to recover injury or death-related damages, Kentucky Revised Statutes § 413.140 gives you one year to file.
- Under Kentucky Revised Statutes § 413.125, you have two years to file a property damage case.
Types of Damages in Your Madison Car Accident Claim or Case
A successful settlement can compensate you for the financial and intangible costs of the crash. We refer to these as economic and non-economic damages. However, do note that you can only recover non-economic damages in a third-party claim or lawsuit. Your PIP coverage will not pay for them.
Economic damages typically include:
- Medical bills
- Vehicle repairs
- Lost wages
- Funeral and burial costs
Meanwhile, non-economic damages are meant to pay for the pain and suffering the accident caused, such as:
- Psychological trauma
- Loss of consortium
Non-economic damages typically depend on the injuries you get. The more severe and permanent they are, the higher the amount can be. You can have the Madisonville car accident lawyer assess your financial losses and your injury to estimate your total damages. Compiling as many files as you can of your expenses will help calculate the amount more accurately.
The Comparative Fault Rule and Its Effect on Your Recovery
If the court or claims adjuster finds you partly liable in your Madisonville car accident claim or case, Kentucky’s comparative fault law in Kentucky Revised Statutes § 411.182 could reduce your recovery.
The deducted amount depends on your fault percentage. For instance, let us say that your damages totaled $400,000. But the judge declares you 40 percent liable since you were speeding during the accident. That means you would only get 60 percent of the total amount, or $240,000.
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Our Legal Team Is Open for Consultation
Car accidents are distressing and can cost a lot to recover from in Madisonville, but reparations are still possible. But before taking legal action, you can consult with our Madisonville car accident lawyer first. The office of Isaacs & Isaacs Personal Injury Lawyers has over 25 years of experience handling car accident cases and other injury claims and suits in Kentucky.
To discuss your car accident with us, you can call the team. You can also send your case details online for a free case evaluation.