Car Accident Lawsuit Process In Kentucky

Last updated on April 29, 2025

When you have been involved in a car accident, the aftermath can be stressful, especially if you have suffered an injury and are facing medical bills, lost wages and emotional distress. The car accident lawsuit process can be complex, and having an experienced attorney on your side is crucial to protecting your rights. Without legal guidance, it is easy to make mistakes that could impact your ability to recover compensation.

At Hicks & Funfsinn, PLLC, we are dedicated to helping victims of auto accidents fight for the justice they deserve. With over 60 years of combined experience, our attorneys have handled many different types of automobile injury cases. We put our hearts into everyone, standing by our motto: “Honest Guidance, Fearless Advocacy.” As a local firm with deep Kentucky roots, we are proud to protect the rights of those in Lexington, Kentucky, and surrounding areas.

Step-By-Step Guide To The Car Accident Lawsuit Process

If you are considering filing a car accident lawsuit, understanding what to expect can help you feel more prepared. The following are the steps involved in the car accident lawsuit process:

• Seeking medical attention and documenting the injury: Your health comes first. After an auto accident, seek medical care immediately, even if you do not feel injured at first. Some injuries, such as whiplash or internal trauma, may not show symptoms right away. Keep records of your medical visits, treatments and any recommendations from your doctor. These records will be essential evidence in your case.
• Consulting an attorney: Before you take any legal steps, speak with an experienced car accident lawyer. At Hicks & Funfsinn, PLLC, we offer free consultations to review your case and provide honest guidance. We will assess the details of your accident, determine liability and explain your legal rights.
• Investigating the car accident and gathering evidence: Building a strong case requires thorough investigation. Our attorneys will collect crucial evidence, including police reports detailing the accident, medical records and bills related to your injury, witness statements, traffic camera or dashcam footage, vehicle damage assessments and expert testimony, if necessary.
• Filing a lawsuit and dealing with insurance companies: Many car accident claims are settled through negotiations with insurance companies. However, insurers often try to minimize payouts or deny claims altogether. Our former insurance defense counsel knows the tactics these companies use and fights back aggressively. If a fair settlement cannot be reached, we will file a lawsuit on your behalf.
• Discovery and negotiations: Once a car accident lawsuit is filed, both sides enter a phase called discovery, where attorneys exchange evidence and take depositions. During this time, settlement discussions often take place. We negotiate tirelessly to reach an agreement that fully compensates you for medical expenses, lost wages, pain and suffering, and other damages. If negotiations fail, we proceed to trial.
• Trial and verdict: If your case goes to trial, our lawyers will present your case before a judge or jury. This includes presenting evidence and expert testimony, cross-examining witnesses and arguing why you deserve full compensation. A verdict will be reached based on the presented facts. If successful, you will receive a court-awarded amount for your damages.

Our attorneys will be with you every step of the process.

No-Fault Insurance In Lexington, Kentucky

Kentucky is a no-fault insurance state, meaning that after a car accident, each driver’s insurance covers their medical expenses and lost wages, regardless of who caused the accident. This system is designed to provide quick payouts and reduce the burden on the court system.

However, there are exceptions. If your injury meets certain thresholds, such as significant medical costs or permanent impairment, you may be eligible to file a lawsuit against the at-fault party.

Understanding Negligence In Car Accident Cases

When no-fault laws are inapplicable, car accident claims are based on negligence. To recover damages, you must prove that another driver acted negligently and caused your injury.

Kentucky follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced based on your percentage of fault. For example, if you were 20% at fault for a car accident, your total compensation would be reduced by 20%. Our experienced attorney can assess the details of your case and help you seek the maximum compensation available.

Types Of Compensation Available In Car Accident Cases

If you have suffered an injury due to someone else’s negligence in an auto accident, you may be entitled to various types of compensation, including:

• Medical expenses: Covers hospital bills, surgeries, rehabilitation and ongoing medical treatments
• Lost wages: Compensation for income lost due to the injury
• Pain and suffering: Compensation for physical pain, emotional distress and diminished quality of life
• Property damage: Reimbursement for vehicle repair or replacement
• Punitive damages: In rare cases, additional damages may be awarded to punish reckless behavior

We will evaluate your case and help determine the full value of your claim.

Why You Need An Attorney After A Car Accident In Lexington, Kentucky

Handling a car accident lawsuit process alone can be overwhelming. Insurance companies have teams of adjusters and attorneys working against you, making it essential to have skilled legal representation. An attorney can:

• Maximize compensation: An experienced attorney knows what your case is truly worth and fights for fair compensation.
• Handle legal complexities: Legal procedures can be difficult to understand. We handle all filings, deadlines and court requirements.
• Negotiate with insurance companies: Insurance adjusters aim to minimize payouts. We push back to secure what you deserve.
• Provide trial representation: If necessary, we will take your case to court and advocate for your rights.

When you choose Hicks & Funfsinn, PLLC, you will have dedicated lawyers who truly care about your case and your recovery.

Call Us Today For A Free Consultation

If you have been injured in an auto accident in Lexington, Kentucky, do not wait to seek legal representation. The car accident lawsuit process can be challenging, but with the right attorney by your side, you can fight for the justice and compensation you deserve.

From start to finish, Hicks & Funfsinn, PLLC, is committed to standing up for you in negotiations and, if necessary, in court. Call 859.286.7840 or fill out our online contact form today for a free consultation. Let us provide the fearless advocacy and honest guidance you need to move forward with confidence. Hablamos Español.