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What Types Of Compensation Can I Recover For My Auto Accident In Kentucky?

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Answered by: N. Jeffrey Blankenship

Located in Florence, KYMonohan & Blankenship

Florence, KY
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Troubles escalate if you are seriously hurt or someone dies in an auto accident. They happen suddenly, with little or no warning. After the “dust” settles, you may start to think about what you need to return to the life you once had.

Determining your financial needs via a lawsuit can be just as stressful and emotional as the accident itself. Wondering how much you can recover in a civil suit and if it’s enough can easily keep you awake at night.

Factors Used To Determine How Much Your Case Is Worth

Typically, in an auto accident injury case, there are several factors that need to be examined in order to determine how much money injured plaintiffs can potentially recover in their accident. They include the following:

  • Is there a party or parties who caused the accident? If so, can it be proven they were at-fault?
  • Pure Comparative Fault. Did your actions play a part in causing the incident? If so, under Kentucky’s comparative fault laws, you may only be able to collect compensation up to the amount you were at fault.
  • How extensive were your injuries? Did you suffer spinal cord damage? Loss of a limb? Did your injuries result in significant trauma that requires expensive on-going treatment for the rest of your life?

Insurance Coverage

Insurance coverage is another factor that will determine how much you could recover. In most cases, compensation from auto accident injuries usually come from an insurance company. Kentucky is a no-fault state which means that a person injured in a Kentucky car accident turns to their own auto insurance company to pay for their medical bills and related treatment if they are in an accident. 

In some cases, injured parties who only procure minimum coverage do not have enough coverage to pay for the expenses. However, if your injuries are significant enough that they meet a certain criteria, like an injury that resulted in permanent disfigurement, the law allows you to seek additional compensation from the at-fault party. 

If, however, pursuing damages from the at-fault party is not feasible, drivers who have procured underinsured motorist coverage under their own policy can turn to their own insurance carrier for compensation in these instances.

The Three Areas Of Compensation That You Can Recover Under The Law

If fault is determined to be recoverable, there are three types of damages, as they are referred to, that you can seek in a motor vehicle accident in Kentucky:

  • Lost wages. This includes any past and future wages due to your inability to work. If you go back to work or miss intermittent work periods because of medical or therapy appointments, you can recover for that time as well. You can even seek reimbursement for sick time used as part of your workplace benefit package.
  • Medical bills. You can seek compensation for all past, present and future medical treatment resulting from your injuries. This includes visits to the emergency room, surgical treatments, hospital stays, physical therapy costs, medical tests (including MRIs, CT scans or X-rays) and even prescription drug costs.
  • Pain and suffering. Many parties can pursue pain and suffering damages for car accident injuries. However, the amount will always depend on individual circumstances. Unlike lost wages and medical bills that are measurable, pain and suffering damages are not. There are various factors that courts use to determine pain and suffering damages in each case.

Time Frame To File A Claim And Seek Compensation

If you suffered a personal injury in Kentucky, you should never delay filing or pursuing a claim for compensation. Known as the statute of limitations period, Kentucky law allows injured parties a small window of time to file a claim.

For auto accidents, you have two years from the date you suffered injuries to file a claim for compensation. If you do not file within this time frame, you may lose your right to pursue compensation.

Hire An Experienced Attorney Who Knows How To Evaluate Personal Injury Cases

Hiring an experienced personal injury lawyer who has significant experience is the best way to protect yourself against low-ball offers from insurance companies and incorrect information.

If you want to find how much compensation your auto accident injury case is worth in Kentucky, I am happy to consult with you.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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