Frequently asked questions
What are Kentucky’s No-Fault Laws?
Kentucky is a “no-fault” state for car accidents. That means that you first turn to your personal injury protection (PIP) coverage to obtain compensation for your injuries and lost wages. To file a claim against another driver, you must meet Kentucky’s injury threshold. To step outside the no-fault system, you must establish you suffered one of the following:
- More than $1,000 in medical bills
- A broken bone
- Permanent injury or disfigurement
You can also step outside the no-fault system if your loved one dies from his or her accident-related injuries.
This threshold seems straightforward, but it can be difficult to establish. We will examine your medical bills and records to help prove you have the right to file a claim against the negligent driver.
What are Comparative Negligence Laws?
Kentucky follows a pure comparative negligence law for car accidents. That means you can collect compensation from the other driver even if you were partly at fault for the crash. In fact, even if the wreck was mostly your fault, you can still pursue the other driver for damages as long as they shoulder a portion of the blame. It is important to note that your percentage of fault decreases the damages to which you are entitled.
Consider the following scenario:
- You were involved in an accident when you turned left at North Broadway and West New Circle Road.
- You collided with a vehicle going straight through the intersection.
- An investigation of the collision determined you were 80 percent at fault and the other driver was 20 percent at fault.
If you demanded $10,000 for your injuries, you would be entitled to $2,000 (20 percent of $10,000).
Our attorneys can fight for your rights no matter your share of fault for the accident. We can defend against any accusations of fault and work to get you the most compensation possible in your situation. Call us today to talk through your case.
How much is my car accident case worth?
Every situation is unique, and it’s unlikely that you’ll know how much your claim is worth until you know how much your current and future medical expenses, including medication and rehabilitation, will be, depending on your injuries. Contact Hughes & Coleman Injury Lawyers in Lexington to discuss your specific claim.
We have successfully obtained over one billion dollars in settlements for our personal injury clients in Kentucky and Tennessee, and we will work tirelessly to achieve the best possible result in your case.
Do I need an attorney to file a personal injury claim after a car accident?
Although it is not required by law to hire an attorney to file a claim for compensation after an accident, it is strongly advised. Insurance companies have a lot of experience and have been doing this for a long time. You need someone familiar with the law and who has experience obtaining the maximum compensation available under the law to fight for you and what you deserve.
What if my injury doesn’t show up for a while?
Even during very low-speed collisions, many injuries can occur. When the adrenaline wears off, people may notice they have a soft tissue injury like whiplash. While some types of whiplash go away, others can last a long time. Soft tissue injuries can take days or weeks to manifest after an accident. Chronic head pain, lower back pain and even a cracked sternum are examples of injuries that don’t always show up right away. Concussions are another type of injury that can have long-term consequences, as can being in a car accident while pregnant. If your injuries don’t show up for days or weeks, you can still contact us for a free consultation and case evaluation. We’ll review your case and talk you through your legal options.
What is the average settlement in Lexington for a car accident with injuries?
“How much is my car accident claim worth?” is one of our attorneys’ most common questions. The answer is that it depends.
Every car accident, especially in Lexington, is unique. Many factors determine the value of your case, whether it’s a 10-car pileup on the interstate or a simple fender bender on Nicholasville Rd. The damages you might be able to recover are determined by the following set of circumstances:
- The seriousness of your or your loved one’s injuries
- Whether or not anyone was fatally injured as a direct result of the accident
- Age and state of health at the time of the accident
- The cause of the collision and who was to blame
- Ability to prove negligence
- Available insurance coverage
At Hughes & Coleman, we work to get you the best possible settlement for your accident. We will consider your current situation, medical bills, and any future expenses you may incur when fighting for you.
What constitutes a good automobile accident settlement offer?
To answer this question, you must first determine the value of your claim. You’ll need to be able to determine how much you should receive in a settlement offer if you know how much the car accident cost you.
Our lawyers go over all the costs, giving you an accurate estimate of what your settlement offer should be. The following are some of the factors that go into these calculations:
- Health care expenses, including hospital bills, doctor appointments, physical therapy, and medication.
- Medical services provided in the home, such as nursing services, the cost of rehabilitation, and property damage, such as car repairs.
- Income loss as well as any future earning potential.
- Permanent disability, scarring, or disfigurement.
Anxiety, stress, depression, and other forms of emotional distress are also considered when determining the value of your auto accident claim; your insurance company will use the same calculations. The insurance company will multiply the total by a predetermined number once the expenses have been added up. Unfortunately, these figures rarely, if ever, yield a reasonable settlement figure. The claims adjuster is seeking ways to minimize your damages to reduce the value of your claim. These are reasons why it’s critical to speak with an experienced Lexington car accident lawyer. We’ll figure out how much your claim is truly worth, and without your permission, we will not accept an offer on your behalf.
Will my case settle or go to trial?
Most cases will settle out of court; however, we prepare for trial from day one. If the insurance companies won’t settle for what you deserve, we will not hesitate to litigate your case in court.
If you cannot settle, your Lexington car accident lawyer is ready to go to trial.
If the settlement offers received from the insurance company do not compensate you fairly, or if we cannot reach a settlement with the insurance company and negotiations fail, we will file a lawsuit on your behalf and represent you in court. We will be able to present a strong case in court using the evidence we gathered. If the court rules in your favor, you will be awarded damages from those responsible.
What kind of damages can I seek in a lawsuit?
Economic Damages: The purpose of these damages is to compensate the victim or the victim’s family for any expenses incurred due to the accident. Medical bills, lost wages, property damage, and any future expenses are all included in these damages.
Non-Economic Damages: These damages are a little more challenging to quantify. The most common is pain and suffering, which is a legal term for any injury you may have sustained due to the accident. This encompasses not only physical but also emotional and mental harm.
Punitive Damages: The court may also award punitive damages in exceptional circumstances. These damages are intended to punish the other people or entities who caused the accident, hoping that they will never act negligently again. Punitive damages are only awarded in Kentucky when the other party’s actions were egregious or deliberate.
How can I tell or prove that the other driver was at fault?
According to Kentucky law, the victim must show that the other driver was negligent and that this negligence caused the victim’s injuries. The court will consider the driver’s actions and compare them to what a reasonably prudent driver would do in the same or similar circumstances to determine negligence.
If you have any other questions, call us any time at 800-800-4600.