CAR ACCIDENT ATTORNEYS IN ELIZABETHTOWN, KENTUCKY

If you’ve been injured in a car accident as the result of another driver’s negligence, you may be entitled to compensation for your medical expense, lost income, pain, and suffering. Being injured causes physical, emotional, and financial stress, so you need legal representation who will explore your options and guide you through the process of obtaining a fair settlement or judgment.

The attorneys at Caleb Bland Law, PLLC bring more than 70 years of combined experience helping people injured in vehicle crashes find compensation and restore peace of mind. We serve clients in Elizabethtown, Kentucky, and the surrounding counties and communities.

Determination of Fault

Kentucky is generally a no-fault state for auto insurance and injury settlement which means that regardless of who was at fault for the accident, drivers seek compensation for damages under a Personal Injury Protection (PIP) policy.

However, Kentucky does allow car owners to "opt-out" of the no-fault system when choosing and purchasing a car insurance policy. This would allow the driver to pursue a liability claim should an accident occur but it also leaves them vulnerable to being sued by other drivers. Drivers who opt-out are also unable to access PIP benefits.

Filing a Claim

By law, every Kentucky auto owner must carry insurance with the minimum requirements of:

• $25,000 bodily injury per person, $50,000 total bodily injury per accident, and $10,000 property damage per accident OR or $60,000 combined Liability Coverage;

• Uninsured Motorist Coverage (except when rejected in writing); and

• Basic No-Fault Coverage, also known as Personal Injury Protection (PIP), of $10,000 per person.

Passengers injured in car crashes can be compensated for damages by the driver’s PIP coverage, the at-fault driver’s liability coverage, or by uninsured or underinsured motorist coverage on their own automobile insurance policies.

If a loved one died as a result of a motor vehicle accident in which the other driver was negligent, you may be able to recover damages. The personal representative of the decedent’s estate must file a lawsuit but any recovery will be distributed to family members including the surviving spouse, children, or parents. Compensation is based on factors such as loss of earning power of the deceased, pain and suffering prior to death, medical bills, funeral expenses, and loss of consortium for a spouse and/or minor child.

There is a statute of limitations for filing a personal injury claim in Kentucky. You must obtain a personal injury settlement from the negligent driver’s insurer or file a lawsuit against them within one year of the date of the car accident or within one year from the date of death in a wrongful death claim. The statute of limitations for a property damage settlement is two years from the date of the crash.

Comparative Fault

Kentucky is a “pure comparative negligence state” which means that even if you were partly to blame for an accident, you can still recover damages, based on the percentage of fault assigned to you. For example, if a judge, jury, or insurance adjuster determines that you were 20% at fault and the other driver was 80% at fault, you would recover 80% of any judgment or settlement awarded. The other driver could also sue you for 20% of his/her settlement with your insurer.

Experienced Legal Counsel Can Help

There are two primary reasons you need to retain a knowledgeable, experienced attorney to represent you in an auto crash personal injury claim. First, the one-year statute of limitations means you need someone to work quickly and expertly on your case. Second, while judges, juries, and insurers are required to assess fault percentages, there is no specific formula for doing so. You need a lawyer who can make a compelling argument on your behalf during settlement negotiations or to a judge and jury in the event of a trial.