In the unfortunate event of a car accident or other type of motor vehicle accident that causes injuries in the state of Kentucky, individuals involved may have the ability to file a lawsuit depending on the nature of the accident and the resulting injuries. In general, the driver or individual who is responsible for the motor vehicle accident is legally liable for damages incurred to the injured individual.
This means that an injured accident victim can file a personal injury lawsuit to potentially receive financial compensation that can be used for paying medical bills, recover loss of wage costs, and even pain/suffering costs. These funds can make a massive difference in a family’s ability to recover from a tragic car wreck.
However, the thought of filing a lawsuit or even beginning a claim has a tendency to overwhelm most individuals. Lawsuits are complicated. It should also be noted that many insurance companies representing the at-fault party frequently try to negotiate a settlement that’s unfair to the victim. When a settlement isn’t reached or when one is unfair, that’s the time to file a lawsuit.
Below are some of the more frequently asked questions our law office receives about car accident lawsuits in Kentucky:
- When is the Appropriate Time to File a Lawsuit?
Every state varies in its laws regarding the statute of limitations which is a time frame in which a lawsuit must be filed. This means that it is vital to not hesitate in filing your claim even if negotiations with insurance companies are in progress. It should be noted that if you do not file your claim within the statute of limitations, your case is over.
- What is My Case Worth?
Injury cases can vary drastically in terms of the value of an accident or injury due to the fact that many accidents and injuries vary in severity. Some severe crashes may result in minor injuries while some minor crashes result in major injuries. The answer varies case by case. Regardless of these facts, a case’s value will be determined by the severity of the injuries and the process and severity of recovery. It should also be noted that those earning higher wages will have higher compensation due to the injury causing the individual to miss work.
- Who Do I Sue?
It is common for injury victims to become confused about who the responsible party to sue is. In a motor vehicle accident (MVA), the person who is liable or caused the accident is the person who is sued. However, cases can vary depending on if there was more than one individual driver who caused the accident. In this case, multiple parties can be sued. When an individual files a claim without an attorney while negotiating with insurance companies, the insurance company often gets named as being opposed to the at-fault drivers.
- Should I hire an Attorney?
Despite the fact many people want to handle their own legal matters, it is wise to hire an experienced lawyer who’s familiar with Kentucky lawsuits and the loopholes insurance companies commonly use to try and deny victims full compensation. Most personal injury attorneys do not charge fees up front.
Additionally, hiring an attorney allows for a settlement to more than likely cover your full medical expenses, medical liens, recovery treatment costs, and other related debts. Hiring an attorney ensures you will get the settlement you deserve and that all issues involving the claim are resolved in a timely manner.
- How Long Will My Case Take?
In the state of Kentucky, personal injury lawsuits can take anywhere from one to two years to resolve with a variety of factors determining the time frame. In some cases, resolving the matter can take even longer depending on if any other investigations (criminal investigations, for example) are pending.
For more answers regarding your claim or lawsuit call 1-800-CALL-DIXON or contact Daryl T. Dixon, Paducah, KY car accident lawyer, via our handy contact form.