Recovering physically and financially from a car accident can be difficult and complicated. If you or a loved one have sustained injuries in a car wreck, contact Gary C. Johnson, P.S.C., today to schedule a free consultation. A Lexington car accident attorney at our law office will review the facts of your case and discuss your legal options.
Our attorneys will handle practically every aspect of your case, short-term and long-term. When our law office takes any injury cases, we take care of the following:
Kentucky is considered a “no-fault” state, meaning that your own insurance will pay your injury claims. However, they will only pay up to a specified limit. All Kentucky drivers are required to carry basic personal injury protection (PIP) coverage on all vehicles. Drivers are also required to have bodily insurance liability insurance to cover any costs related to injuries or damages related to a car wreck.
Under the no-fault system, you are not able to file a car accident lawsuit against the other driver unless you sustain:
You can request to opt out of the no-fault insurance, under those circumstances, allowing you to file a lawsuit to recover damages. However, you will also be open to a lawsuit for the incident, and you will no longer be entitled to basic PIP benefits.
Kentucky is a pure comparative fault state, which means that each driver is held liable for damages sustained in the accident proportionate to their percentage of fault. For example, if a person sustains $10,000 in medical expenses in a crash, but was found to be 20% at fault for the incident, they will only receive $8,000 in damages ($10,000 minus the $2,000 for their 20% fault).
Establishing fault in a Lexington car wreck will require an investigation into the incident. Either you or your personal injury attorney will have to obtain the accident report, video and video surveillance, eyewitness accounts, medical records, and more.
Every motor vehicle accident is different. Some cause only minor injuries, while others are more severe. Some of the most common physical injuries sustained in Lexington car accidents include:
Regardless of whether an injury is minor or more severe, car accident victims should always seek medical attention after a crash. By seeking medical care, you are ensuring your well-being as well as establishing a link between the crash and your injuries.
In the unfortunate circumstance that an individual loses their life in a car accident, please call our Lexington wrongful death lawyers immediately.
The majority of motor vehicle accidents are wholly preventable. They can generally be attributed to reckless driver behavior, driver negligence, or manufacturer negligence. Here are some common causes of auto accidents:
Your Lexington car accident claim may not go all the way to trial. In fact, the vast majority of personal injury claims in Kentucky are resolved through settlements with insurance carriers. However, that does not necessarily mean that the insurance carrier settlement is in your best interest.
Even if a car accident claim in Kentucky goes to the civil court system, it is still unlikely that a trial will occur. During the lawsuit process, there will still be continued negotiations as the discovery process moves forward. Only if a settlement cannot be reached will a jury need to hear the case.
At Gary C. Johnson, P.S.C., our team works to recover both economic and non-economic compensation on behalf of every Lexington car accident victim that we assist. We want you to understand what these two terms mean when it comes to the compensation you could receive.
There is no set amount of compensation paid to car accident victims, but there are various factors that can affect the total compensation paid if the case is successful. Some of the most important factors that can affect compensation amounts include the severity of any car accident injuries as well as the length of the recovery process. Medical bills make up a large portion of personal injury settlements in Kentucky. Other factors affecting settlement amounts or jury verdict award amounts include whether or not there was any shared fault, the total property damage expenses, and how much pain and suffering can be shown to a jury.
The goal of your car accident claim is to recover full compensation for your losses. The reality is that these claims are challenging, and it can be confusing to understand how much compensation you should receive. We encourage you to speak to your attorney, who can guide you through this process.
Kentucky operates under a “pure comparative negligence” system, which means individuals will be able to recover compensation regardless of how much fault they had for the incident. However, their total compensation amounts will be reduced depending on the amount of fault. For example, if an individual is involved in a commercial truck accident and sustains $1 million worth of losses, but a jury determines that they were 25% responsible for the incident, then they would receive $750,000 instead of the full amount. This is $250,000 less, and this accounts for their 25% of fault for the incident.
There may be various ways to obtain transportation after a car accident occurs. While you await your vehicle repairs, you may be able to obtain a rental vehicle. Many individuals opt to carry this type of coverage on their insurance policy, and we strongly recommend doing so. Rental car coverage is not automatic under Kentucky insurance laws, so please update your insurance plan accordingly.
If you do not have rental vehicle coverage and another driver caused your crash, you may have to pay out of pocket and then hope to get reimbursed for these expenses. We encourage you to speak with your attorney who can examine your particular policy and the entire situation to determine what level of reimbursement you could receive for a rental vehicle.
Every state has its own statute of limitations for filing a personal injury lawsuit. Kentucky law has time limitations to file your claim after the date of the injury to file a suit. Generally, for an auto accident claim, it is two years. An auto accident lawyer at the law office of Gary C. Johnson, P.S.C. can help you take immediate action to make sure you do not miss out on filing your claim before the deadline.
No two car crashes are the same and neither are the resulting injuries and damages. It is impossible to place a value on a personal injury claim until all of the relevant facts have been reviewed. In some cases, financial compensation may include losses such as:
In other cases, you may have been in an accident with a. commercial truck, in which our truck accident attorneys in Lexington will fight to secure maximum compensation for you and your family.
Some law firms will charge you a retainer for their legal services, meaning you pay an up-front fee plus an hourly rate for their work. Whether you win the case or not, these fees must be paid. At the law firm of Gary C. Johnson, P.S.C. we work on a contingency fee basis. This means that we will never collect any fees from you unless the lawsuit is a success. Our Lexington car accident lawyers want you to feel completely confident in our services. A contingency fee system helps our clients take that initial plunge and ultimately rewards them if a lawsuit is won.
1) Seek medical attention: If you feel even slightly hurt, call 911 to get checked out by medical experts on the scene. Having documentation of your injuries made by medical professionals will be valuable in building your injury case.
2) Call the police: A police report will be the first piece of evidence gathered in your injury case.
3) Take pictures and exchange information: Take pictures of your car and any other vehicles involved in the collision from all possible angles. Also be sure to exchange your driver’s license and insurance information with the other driver(s). If there are witnesses on the scene, ask for their name, phone number, and what they saw.
4) Call your insurance company: You will need to let your auto insurance company know about the accident. When reporting the car crash, do not give a recorded statement to your insurance company. Not until you contact a lawyer. Insurance companies look out for their own interests and will try to settle your claim as quickly and cheaply as possible.
5) Contact a Lexington car accident attorney: An attorney will assist in your investigation and let you know how much your case may be worth during a free case review. They will also negotiate with insurance companies for you. If you do not speak with an experienced lawyer, you may receive a low settlement amount from an insurance company.
Contact our team at Gary C. Johnson, P.S.C. to discuss the car accident you were involved in and your resulting injuries and damages. Initial consultations are always free and we will advance all of your costs and expenses associated with your case so that you can focus on your physical recovery while we fight for your financial compensation. Feel free to give our Lexington office location a call at (859) 268-4300 or contact us through an online submission form. We are available 24/7 to give you legal advice and a free case evaluation.