If you are pursuing a personal injury claim, you should be aware of the specific laws that apply to your case. One of the most important of these is the statute of limitations, which determines the amount of time you have to file a lawsuit. Under Kentucky Revised Statutes § 413.140, for most negligence claims, you must file within one (1) year of the date of your injury. For motor vehicle crashes, you have two (2) years.
An Erlanger personal injury lawyer from our firm can help you understand the laws, the legal processes, and your rights after an accident. We have been assisting injured people for over four decades and are committed to providing hands-on legal solutions. Call us today for more information and a consultation.
No-Fault Laws and Traffic Accidents
Drivers should be aware of the Commonwealth’s choice of no-fault statutes for car accidents. This means that after a crash, you first receive compensation from your own Personal Injury Protection (PIP) for medical bills and lost wages. If your PIP coverage runs out or you meet certain thresholds, you can then file a lawsuit against the at-fault driver. You can also reject PIP coverage by filing a specific form with the Kentucky Department of Insurance. Our Erlanger attorneys can help you identify what type of personal injury coverage you have and explain how this affects the processing of your claim.
Dealing With Insurance Adjusters Safely
After an accident, an insurance adjuster might contact you to discuss the incident and your injuries. Be cautious during these conversations, as adjusters look for any way to minimize the insurance company’s payout. Do not give a recorded statement or admit even partial fault, as doing so may reduce your compensation.
Insurance adjusters protect their employer’s profits. A quick settlement offer is likely to be far less than the true value of your case. One of our Erlanger attorneys can handle all communication with the insurance companies, preventing you from saying something that could compromise your financial recovery and protecting your personal injury claim.
Fault and Shared Responsibility
In a personal injury case, comparative negligence determines how shared responsibility affects your compensation. The Commonwealth follows a pure comparative negligence rule, meaning you can still recover damages if a court finds you partially at fault for the accident. Under this system, your compensation is reduced by your percentage of responsibility.
Even if you are mostly responsible for an accident, you might still recover a portion of your losses. For example, if you are 90 percent at fault, you could still recover 10 percent of your total damages. Following a personal injury in Erlanger, the insurance company will likely try to assign you as much blame as possible, but our experienced attorneys can help hold all responsible parties accountable and ensure you receive fair compensation.
When Should You Settle and When Should You Go to Court?
In most cases, the parties involved resolve personal injury lawsuits through a settlement and do not ever enter a courtroom. This is often the best course of action, especially when the insurance company is willing to negotiate reasonably, as it provides a faster resolution and a certain outcome. A settlement avoids the costs and stresses associated with a trial, but there are times when we encourage you to go to court. If the insurance company’s offer is unreasonably low or if liability is disputed, our Erlanger attorneys will take your personal injury claim to trial and get you results.
Contact an Erlanger Attorney for Help With Your Personal Injury Claim
We are a full-service law firm that handles personal injury law, family law, criminal law, workers’ compensation, and employment law. Our former clients have praised our attentive service and referred to us as caring advocates. We take pride in our firm’s reputation for doing things right and remaining available to answer all your questions.
Contact us now to schedule a consultation with an experienced Erlanger personal injury lawyer and discover how we can help you with your claim.