Unfortunately, accidents are a fact of life and will happen. You may think you are the safest driver behind the wheel who ever lived, but a car accident can happen to anyone. Usually, they can occur as a result of someone not following the rules of the road, driving recklessly or because they are engaging in activities behind the wheel that render them distracted, such as using their smartphone in a non-handsfree manner.
Personal Injury Attorney
Before all else, if you are in this situation, it’s important to hire a skilled attorney to represent your best interests if you have suffered a personal injury. If you are in the Louisville, Kentucky area, go to http://www.tjwillmakeempay.com/ to find the best lawyer to assist you. Then, you can have the best chance of recovering compensation as you move forward to get your personal injury case going.
Kentucky is what is known as a “choice no-fault” state. This means that after a car accident, you will first have to go through your own car insurance regardless of who is at fault for the accident. You cannot file a personal injury claim against the other driver unless your claim meets a specific threshold regarding your medical expenses or the severity of your injuries sustained in the accident. Additionally, as a driver in Kentucky, you can also opt out of the no-fault system and buy regular tort based coverage.
Statute of Limitations for Filing a Lawsuit
Just as in every state, there is a time limit for when you can file a lawsuit in Kentucky. This is known as the statute of limitations. You have up to one year to file a personal injury lawsuit after a car accident and up to two years following an accident to file a suit for property damage. If you fail to file your lawsuit with the court within those time frames, you will not be able to have your case heard and you will not recover any compensation.
Comparative Fault Rules
The state of Kentucky has certain laws for handling the situation of fault in a car accident. Because it is a pure comparative negligence state, when you sue another driver for an accident, you can recover compensation if they are at fault. However, at the same time, your compensation is reduced depending on the percentage of fault you are determined to share for the accident. In other words, if you are involved in a car accident with another driver who ran a stop sign but happened to be going somewhat over the speed limit, you may be found 10 percent at fault. With that in mind, if you were seeking $10,000, the court would award you only $9,000 to cover your 10 percent of the responsibility for the accident.
No matter what the circumstances of your car accident, it’s absolutely essential to immediately seek medical attention afterward. The next important step is to find an experienced personal injury attorney to assist you every step of the way if you plan on filing a lawsuit. It’s your best bet for receiving the compensation you deserve.