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Top Mistakes When Filing A Personal Injury Claim In Kentucky

June 5, 2023

If you or a loved one sustain an injury caused by the negligent actions of another individual or entity, it is important to take the appropriate steps needed to secure compensation through an insurance settlement or civil personal injury lawsuit. However, there are various glaring errors that you need to avoid in order to improve your chances of a successful claim against the other party. Ask a Lexington personal injury attorney to learn more!

Thinking Legal Assistance is Unaffordable

One of the most common mistakes individuals make is thinking they will be unable to afford an attorney. There is a misconception that all attorneys are unaffordable for everyday individuals, but that is not the case. For personal injury claims, most attorneys will take a claim on a contingency fee basis. That does not guarantee that an attorney will take the case, but if they decide to handle the claim, they will often pay for all the upfront and ongoing costs related to the incident.

When for instance a Lexington accident attorney works on a contingency fee basis, their client will not pay any legal fees until after they successfully recover the compensation needed. In these situations, the client will pay an agreed-upon percentage of the final settlement or jury verdict. In the event the attorney does not win, the client pays absolutely nothing. 

Failing to File the Claim Promptly

When we examine Kentucky law, we can see that individuals have a limited amount of time to file a personal injury lawsuit in court. To know the exact timeline of your case, it is essential that you speak to a skilled injury lawyer. Consequently, if an individual fails to file a lawsuit within this time frame, they will not likely be able to recover any compensation for their losses.

Not Continuing All Medical Treatment

Seeking medical treatment is one of the most important aspects of a personal injury claim. Without adequate medical documentation, there may not be enough proof of damages in order to secure compensation for the claim. However, a common mistake individuals make is discontinuing care before their claim is finalized. It is important for injury victims to continue all medical treatment recommended by their doctor, even if they begin to feel completely better.

Insurance carriers will look at any early discontinuation of care as a sign that the injuries may not actually be as severe as originally stated. If you are thinking about discontinuing medical treatment, we encourage you to speak to both your doctor and your attorney about how this could affect your case.

Admitting Any Fault

It is crucial never to admit fault, even if you think you caused an injury. It can feel like second nature to want to apologize if you think you did something wrong, but the reality is that there are so many variables involved in an injury that you may not even realize someone else was partially responsible. After an injury occurs, never admit fault and do not apologize. Let an investigation uncover the truth behind an injury claim, and let your lawyer handle all communication with other parties.