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Lexington Car Accident Lawyer

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.

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Why Choose Our Lexington Car Accident Attorney?

  • Our law firm’s founding partner, Gary C. Johnson, has been fighting for injury victims’ rights for over 40 years.
  • Our auto accident attorneys have secured multi-million dollar recoveries for their injured clients including being awarded the largest personal injury jury verdict in the state of Kentucky.
  • Our Lexington personal injury lawyers operate on a contingency fee basis so that our clients do not pay attorney fees until we have secured fair compensation on their behalf.
  • Our compassionate and aggressive attorneys represent clients with the goal of helping them recover physically, financially, and emotionally.

How Our Car Accident Attorneys Can Handle Your Case

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:

  • Determine liability: Most car accident cases involve both drivers denying fault or liability. That means liability needs to be proven through concrete evidence. Our experienced Lexington accident attorneys know what types of interviews to conduct and which pieces of evidence will clarify how the accident occurred. Once the evidence is gathered, our law office can make a clear case for liability.
  • Negotiate with insurance companies: When your car gets damaged it becomes less valuable, even after repairs. Insurance companies will typically not reimburse you for this lowered value, unless you negotiate and win a diminished value insurance claim. Several steps must be taken when presenting a diminished value claim, such as acquiring an accurate appraisal of your motor vehicle before and after the accident, requesting reimbursement from the negligent party’s insurance company, and negotiation of the amount owed. Our Lexington car accident lawyers know how to work closely with valuation experts and negotiate with insurance companies to win a favorable diminished value claim.
  • Recover maximum compensation: Our Lexington car accident attorneys will handle the complexities of your car accident case while you and your family concentrate on healing. Over the decades, our law firm has recovered multimillion-dollar injury settlements. We are prepared to help you and your family collect the restitution you are owed.

Establishing Fault in a Lexington Car Crash

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:

  • Medical bills of $1,000 or more.
  • Injuries that result in:
    • A bone fracture
    • Permanent disfigurement
    • Permanent injury
    • Wrongful death

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 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.

Lexington car accident attorney

Common Lexington Car Accident Injuries

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.

Common Causes of Lexington Car Accidents

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:

  • Speeding: In 2017, the National Highway Traffic Safety Administration (NHTSA) reported that over 9,700 traffic fatalities were attributed to speeding.
  • Tailgating: When traffic stops suddenly, tailgaters have no time to correct the distance, often leading to devastating rear-end related injuries.
  • Distracted driving: Talking on the phone, adjusting the radio, eating food, or doing anything that distracts you while driving can lead to serious motor vehicle accidents. The Centers for Disease Control and Prevention (CDC) reports that more than 1,000 people are injured every day due to distracted driving accidents.
  • Auto defects: Many car crashes are caused by defective equipment, such as faulty breaks or improperly filled tires. If a poorly manufactured auto part led to your car crash, you may be eligible for a product liability claim.
  • Drunk driving: In 2016, the CDC reported that almost 10,500 people died in drunk driving car accidents.

The Deadline for Filing a Personal Injury Lawsuit in Lexington

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.

Financial Compensation You Could Be Awarded

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:

  • Property damage
  • Lost wages
  • Limited future earning capacity
  • Pain and suffering
  • Medical bills (and future medical expenses)

Our injury attorneys will fight to secure maximum compensation for you and your family.

Can I Afford a Lexington Car Accident Lawyer?

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 reward them if a lawsuit is won.

What to Do After a Car Accident in Lexington, KY

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 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.

Take Legal Action Today

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.