Personal Injury FAQ: Answers To Common Questions
Suffering an injury can be an uncertain time. Whether your injury was the result of a motor vehicle accident or a fall on someone else’s property, the aftermath following an injury can be confusing and stressful to navigate alone.
Our attorneys at Hicks & Funfsinn, PLLC, can assist with any concerns you have either immediately after an accident or throughout the process of pursuing legal action against the at-fault party. Read on for responses to some of our most frequently asked questions on personal injury cases:
If I Was Injured In An Accident, Can I Still Pursue Damages If I Was Partially At Fault?
Yes, however, you may receive less in damages. Kentucky follows comparative negligence rules, which considers the amount that you were at fault in any settlement amount or jury verdict. For example, if you were 10% at-fault for a car accident and the other driver was 90% at-fault, and the available damages amounted to $10,000, you would receive an award of $9,000.
Why Do I Need An Attorney’s Help To File An Insurance Claim?
The insurance company will likely attempt to either deny or minimize your claim from the start to pay you as little as possible in hopes of settling your claim short of litigation. An attorney can assist in ensuring you receive the full amount that you are entitled to, as well as searching for other avenues of recovery if one insurance policy does not cover your damages.
How Much Time Do I Have To Pursue Legal Action?
Generally, the sooner you speak to an attorney and get represented, the stronger your case will be. We understand there may be circumstances where the full extent of your injuries were not immediately realized or appreciated.
You must, however, consider the statute of limitations (the time limit to file a lawsuit). The deadline for personal injury cases in Kentucky is typically one year from the date of a slip and fall or trip and fall and two years after a motor vehicle accident.
As is often the case in the law, carve-outs and exceptions do exist. That’s why it is extremely important that you contact us as soon as possible after an accident that resulted in any injuries.
Will I Have To Go To Court?
It depends. Negotiated settlements resolve many personal injury cases. In those cases, rather than going to court, you receive the damages you are owed sooner after the accident than if a lawsuit is required.
If an insurance company’s settlement is not adequate, filing a lawsuit may be in your best interest. This is sometimes the only way to obtain fair compensation for the medical expenses, lost wages, pain and suffering, and other damages you have suffered.
Our lawyers are here to address your unique concerns. Schedule a free initial consultation at our offices in Lexington or Harrodsburg or anywhere in Kentucky. Contact us by calling us at 859.777.7000 or reaching out to us online. Hablamos español.