Richmond Car Accident Attorney Who Cares About Your Compensation
Although car safety, road construction and driver education have improved in recent years, automobile accidents remain common on Kentucky roads and across the U.S. Unfortunately, millions of car crashes occur each year, causing injuries, fatalities and damage to personal property.
Statistically speaking, it is still unlikely for someone to be involved in a car accident, but it’s a possibility that drivers need to be prepared for. Following an accident, you may have sustained injuries and damage to your vehicle. Additionally, you may have to miss extended periods of work or school as you recover from an injury. An accident can cause tremendous physical, emotional and financial damage for you and your family. Through extensive experience, members of our firm located in Richmond, Kentucky, understand the plight of accident victims and will fight unrelentingly for the compensation you deserve.
These are difficult circumstances, but you shouldn’t wallow in a state of hopelessness. There are legal methods for recourse that may allow you to obtain compensation if an inattentive or reckless driver was responsible for your accident. Allow our experienced car accident lawyers to fight for you during your time of need.
Additionally, an attorney with a keen understanding of your accident and the relevant laws can determine whether a road was poorly designed or improperly maintained. County, state and town authorities should be held to account if they failed in their duties to keep roads safe for drivers and pedestrians. Initial police reports can be misleading or unclear meaning you shouldn’t dismiss the possibility that there is a negligent party responsible for your accident.
What To Do After A Car Accident In Kentucky
Car crashes can happen in a split second. While the crash may leave your emotions running high, it’s vital to take the following steps:
- Make sure everyone at the accident scene is okay. If someone is hurt, call 911 for emergency medical assistance.
- Swap insurance information with the other drivers involved in the crash.
- Call the police. They can help provide an objective viewpoint of the accident and collect witness statements from bystanders or car passengers.
- Collect evidence, like photos of the damaged vehicles and any injuries you sustained if they are physically apparent during the accident.
- Call your insurer to report the accident.
If you’ve suffered a severe injury from the crash and your insurer won’t pay you the compensation you deserve, speak with one of our personal injury attorneys today. We can help you advocate for the payout you need to recover with peace of mind.
Crashes Are Still All Too Common
Although car safety technology, road design and driver education have improved road safety in recent years, automobile accidents remain a stubborn issue on Kentucky roads and across the U.S. Unfortunately, millions of car crashes occur yearly, causing injuries, fatalities and damage to personal property.
In 2022, for example, the Kentucky Office of Highway Safety reported 744 fatalities from 693 fatal traffic collisions. Madison County, like many areas, faces significant traffic safety challenges: There were 2,336 collisions, 11 of which involved fatalities and 469 of which involved nonlife-threatening injuries. These statistics help understand the frequency and causes of accidents, which can inform safety measures and policies to reduce future incidents.
The Average Car Accident Settlement In Kentucky
The “no-fault” system covers your damages up to your policy limits, regardless of who caused the accident. The average settlement amount varies based on the severity of injuries and damages. For minor injuries, the average payout is around $8,000. It’s about $34,000 for moderate injuries; for severe injuries, it can go up to $360,000. With these numbers in mind, securing your claim’s full value is vital.
What Damages Are Recoverable After A Kentucky Car Accident?
If you are injured in a Kentucky car accident, you might be entitled to recover compensation for various damages, including the following:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Future medical expenses
- Loss of earning capacity
Our Kentucky car accident attorney will meticulously assess your case to determine the full extent of compensation you are entitled to receive and will tirelessly fight to help you obtain it.
Is It Worth Getting A Lawyer After A Car Accident?
Minor accidents with a few bumps and bruises likely will not need a personal injury attorney to resolve the claim. Yet, it is often worth getting a lawyer after a car accident, especially if there are serious injuries or significant property damage. A lawyer can help you navigate the complex legal system, gather evidence and negotiate with insurance companies to ensure you receive fair compensation. They can also represent you in court if necessary.
Understanding your policy and rights can help you handle claims more effectively. If the insurance carrier denies claims, tries not to honor their policy or offers lowball settlements, having a lawyer on your side can be a huge asset. An accomplished legal professional like Michael Eubanks can negotiate better terms or take legal action if needed.
Is Kentucky A No-Fault State For Car Accidents?
Kentucky is unique in that it abides by “choice no-fault” laws. That means drivers can choose between car insurance policies that have no-fault coverage and those that don’t. If you have no-fault insurance, you can expect your policy to cover medical expenses and lost wages regardless of who is responsible for the crash. If you choose the other option, a traditional tort liability policy, the driver found to be at fault for an accident is responsible for compensating the other party for injuries and damages.
How Do Car Accident Settlements Work?
In Kentucky, car accident settlements typically work like this:
- You file a claim with your insurance company after the accident for no-fault benefits and a claim with the insurance company of the at fault driver.
- His/her insurer opens an investigation into the accident.
- In a perfect world, their insurer sends you a check with the total damages the accident was worth.
In many cases, you may find that your insurer does not give you the adequate compensation you need, especially if you suffered a severe injury. In other cases, your insurer may deny your claim and offer you zero compensation. If either of those things happen, call our lawyers at 859-353-0878, and we can help you handle your situation.
How Is Pain And Suffering Determined For A Car Accident Injury Claim In Kentucky?
Insurers in the Bluegrass State use the multiplier method to calculate the total pain and suffering damages in car crashes. It involves multiplying the total costs of damages related to the accident, like medical treatment and lost wages, by a specific number, which can depend on how severe the damage is.
While insurers use the multiplier method in most scenarios, some may use other approaches depending on the circumstances. We can help you understand these different methods and how they apply to your situation.
How A Car Accident Case Unfolds In Richmond, Kentucky: A Realistic Scenario
If you suffered injuries or lost a family member to wrongful death in a vehicle accident, one of the most important things you can do is talk with a personal injury lawyer, ideally before you talk to the insurance company. We offer a free, no-obligation consultation to discuss your car accident claim with a Richmond car accident attorney.
Below is a general description of what happens after a car accident in Kentucky. You should be aware that every case is unique, however.
Immediately after the accident
When the driver of a car or truck collides with you, your vehicle will likely be damaged and you may be injured. Your first step is to call 911 to report the accident and get immediate medical attention if anyone is injured. If you don’t need medical care right away, go to the hospital to get checked out after you are done at the accident scene. Take pictures of the scene if you are able.
You will talk with the other driver and the police, but you should not admit fault for the accident. Instead, be brief as you exchange insurance and contact information. Before you call the insurance company, you may want to consult with a Richmond car accident attorney so you don’t say or do anything that could potentially hurt your claim. Even though it’s your auto insurance company, they will not want to pay out full damages to you. An attorney can protect your interests.
Filing an insurance claim or personal injury lawsuit
Kentucky is a no-fault state, so you will file an insurance claim for the accident with your carrier. Under the no-fault system, your personal injury protection (PIP) coverage will cover medical expenses, lost wages and some additional out-of-pocket expenses caused by the accident. If the injuries are permanent or fatal, if you suffer disfigurement or a broken bone, or if your medical bills are over $1,000, you can also sue the negligent driver.
If you opted out of PIP coverage and purchased an auto insurance policy, you can sue the negligent driver for medical bills, lost wages, damage to your vehicle, and pain and suffering, but you will not receive PIP benefits.
Settling or going to trial
Straightforward cases may settle within a few months. More complex cases or higher-value cases may take longer and may go to trial. This can take at least a year and may be closer to two or three years. Trials take time, so be prepared that this may delay your settlement (should the other party decide to negotiate again) or jury award.
Your Richmond car accident lawyer will investigate the accident, gather evidence, and fully document the extent of your injuries and other losses. They will also get witness statements and they may hire experts in areas such as accident reconstruction.
Then your lawyer will send a demand letter to the insurance company. Negotiations between the parties will likely follow because it is rare for an insurance carrier to pay full damages right away. If negotiations do not produce favorable results, the case may proceed to trial where a judge and jury will decide the outcome.
Receiving compensation
Depending on the specifics of the case, you may receive compensatory damages for economic losses (medical bills, property damage, lost wages, loss of earning capacity, funeral/burial expenses, loss of contributions to the household) and noneconomic losses (pain and suffering, loss of enjoyment of life, emotional distress, the personal loss of a loved one).
In rare cases, people also receive punitive damages if the at-fault driver acted with egregious disregard for the safety of others. This may include cases involving drunk driving, distracted driving or reckless driving that resulted in catastrophic injury or wrongful death, for example.
Get Help Dealing With Car Insurance Companies
Under no circumstances should you accept an offer from a car insurance company without first consulting an experienced personal injury attorney. Since car insurance companies care about profits, they may not operate with your best interests at heart. This means that any offer they make, no matter how enticing, is likely much lower than what you are entitled to.
An experienced attorney from our firm who has dealt with insurance companies many times can effectively negotiate for you and help you make informed decisions. Consider a modest investment in an attorney, an investment in your financial future.
Time is of the essence after a car accident. Don’t hesitate to email the skilled attorneys at Shumate, Flaherty & Eubanks, PSC for help following an accident or call 859-353-0878. We are based in Richmond and offer after-hours and weekend consultations available in our office, your home and/or the hospital. Consultations are free.