Kentucky Car Accident Lawyers
Helping Drivers Get the Compensation They Deserve
Car accidents are a daily occurrence. Not only are they destructive, but they can leave you with life-long injuries, an unusable vehicle, and stress. You can see your day getting away from you from the moment of impact. Insurance companies, cops, and a hospital visit were not on your list of plans when you left your house today.
When the dust settles, you may find yourself holding the bill when the accident wasn’t even your fault.
Our Kentucky car accident attorneys are ready to help you.
Contact us today for a free case evaluation at 812-213-4551.
What Should You Do After a Car Accident in Kentucky?
It is important to remain calm immediately following your car accident. Taking one or two deep breaths can help get your wits about you, as well as assess if you are feeling any pain in your chest.
Your claim starts from the moment of impact. Keeping a calm, collected head can help you start building a solid personal injury case right away. Avoid confrontation and remain as polite as possible without admitting fault for the accident.
Immediately after your accident, you should do the following:
Find Safety and Call 911
After your car accident, your vehicle will likely still be in the flow of traffic. If you are safely able to move the vehicle out of the path of traffic, do so now. If your car is rendered immobile, then you and your passengers should safely leave the vehicle, find a safe place, and assess your injuries.
You will have to call for a police officer, and this can be done in one of two ways. If you or any of your passengers are injured, call 911 and ask for first responders. Be sure to tell them that you will need medical attention. If your injuries are minor, you may wish to call the non-emergency dispatch number and ask for police assistance at your location. Either way, stay on the line with the dispatcher until they give you the green light to hang up.
Do not leave the scene of the accident.
Collect Information From the Other Drivers
You should attempt to collect information from the other driver or drivers if there were multiple parties involved in your accident. You will need this information not only to file an insurance claim but also to file a personal injury claim.
- The other driver’s name and address
- The vehicle’s details
- Driver license information
- Insurance information
Your insurance will ask for this information, and your car accident attorney may also use it in the future.
When the responding police officer arrives, give them your information and ask them for a police report. Do not accept liability for the accident when speaking with the police or other drivers. Answer the officer’s questions honestly, but do not offer more information than is asked of you, a hard prospect when your adrenaline is pumping.
Collect Evidence From the Scene of the Accident
It’s time to collect evidence from the scene of your accident. This evidence will help you and your attorney file a successful personal injury claim. You and your attorney will need to prove negligence and show that the other driver was liable for the accident and ensuing damages.
Take photos of the damage to your vehicle and any damage to the other vehicles involved. Take photos of your injuries and your passenger’s injuries, if you had passengers at the time.
Paint a picture of the scene. You will want to capture skid marks and broken glass on the pavement. Take photos of traffic lights and signs. This evidence will help your attorney explain the events that led up to your accident.
Get Medical Attention
Seeking medical attention after a car accident is crucial. Even if you believe you are unharmed, you should still visit your primary care physician. During your visit, detail every pain you may be experiencing, no matter how menial it may seem. Medical professionals know how to discover injuries; even if you believe you have none, they just need to know the circumstances surrounding your accident. Some injuries are not evident at the time of the collision but surface days or even months later.
Your doctor may also suggest further medical treatment. You must follow their instructions and seek any treatment they recommend. Attend every appointment and be sure to document every visit. Medical and treatment records will be an integral part of your case.
Waiting too long to have a medical examination can give the attorney defending the driver who hit you ammunition. They may claim that your injury was not a result of the accident but some other occurrence. The same is true if you fail to follow your doctor’s treatment plan.
File a Claim With Your Insurance Company
Whether or not you were at fault for the car accident, you need to notify your insurance carrier. Insurance companies usually require drivers to file a claim as soon as they possibly can following a collision. They will ask you for details about the accident and collect any information you may have for them.
You may get a phone call from the other driver’s insurance company. If they ask you for an official statement, tell them you would like to speak with your attorney first. Do not give a statement to their insurance company without first meeting with a personal injury lawyer.
The insurance company will also assign an insurance adjuster. The adjuster will take over your claim and handle all aspects, from car inspections to settlement offers.
Document the Aftermath
A solid legal case is built on the back of documentation.
Keep thorough documentation after your accident. Save all bills from hospital or clinic visits. Keep track of costs associated with rental fees or ride-share expenses necessary for you to keep going to work. Track your lost wages if you are unable to work because of your injuries. Document your interactions with the insurance company and other drivers.
If you think it is useful for your case, save it.
Call a Kentucky Car Accident Lawyer
Car accidents are traumatizing enough, and filing an accident claim by yourself can add to the overwhelming stress. You are going to be tasked with dealing with car repairs, car rentals, insurance companies, and possibly a stubborn, negligent driver.
You shouldn’t have to do this alone.
Gerling Law Injury Attorneys is here to help you with your personal injury needs related to a car accident. Call 812-213-4551 to schedule a free consultation with an experienced personal injury attorney.
What Are Some Common Car Accident Injuries?
Car accident victims can suffer a range of injuries, from a mildly inconvenient sprain all the way to death. You may be wondering if your injury was caused by your accident and whether or not it is something you can file a claim for. Here are some of the most common car accident injuries you can encounter after your accident.
Broken Bones
It is not uncommon to suffer from a broken bone or fracture after a car accident. Broken bones can be incredibly painful, require expensive medical treatment, and leave you unable to work for a considerable amount of time.
Sometimes, safety measures can cause injuries as well. Fractured or broken ribs can happen because of your airbag deploying.
Head and Neck Injuries
Car accident victims can suffer significant head injuries when involved in a car accident. If your head collides with your side window or steering wheel, you could suffer from a traumatic brain injury. Head and brain injuries can have lasting effects on your life and can be expensive to treat.
Concussions can occur when your brain bounces around inside your skull and can lead to long-term issues if not properly treated. Every concussion has the potential to be life-threatening and can result in brain damage.
If your neck jerks hard enough during a car accident, the muscles, tendons, and other soft tissue in your neck can be damaged. These injuries are painful and can severely restrict your ability to work or even move.
Back and Spinal Cord Injuries
It is possible to severely injure your back as a result of a car accident. Back injuries are painful and will likely limit your ability to work or even partake in recreational activities like exercise, sports, or even a leisurely walk.
Significant trauma to your back and neck can cause a spinal cord injury. Spinal cord injuries take significant treatment and time to recover. Spinal cord injuries can result in partial or complete paralysis, numbness, and limited mobility.
Emotional and Psychological Injuries
Your emotional and mental injuries are very real and should be taken seriously. These types of injuries are harder to prove because they don’t come with visibly broken bones. Emotional and psychological injuries can make it hard for you to get back on the road, fearing another accident. This is often referred to as post-traumatic stress disorder or PTSD. PTSD can interfere with your ability to earn income, especially if you rely on driving as part of your job.
You may have to visit with a psychologist or therapist in order to quantify your mental or emotional damage. Your lawyer will be able to use their professional diagnosis during your personal injury case.
What Damages Can You Claim?
Damages serve to compensate you for your losses after a car accident. In Kentucky, damages can be economic or non-economic. There are also no caps on damages, but you will need to prove that you are owed compensation for the damages in your claim.
Economic Damages
Economic damages are easily calculated because they are the bills you accrue and wages you miss out on as a result of your accident. They include:
- Medical bills
- Medical expenses
- Repair costs
- Car rentals or ride-share expenses
- Past and future lost wages
Your case will hinge on documentation. Be sure to keep thorough records of all costs associated with your accident.
Non-Economic Damages
Non-economic damages are different from economic damages in that they are not as easy to calculate. These damages usually rely on expert testimony and evidence that you and your attorney will present. They include:
- Pain and suffering
- Mental and emotional anguish
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Your attorney will be able to guide you through the process of gathering evidence for non-economic damages.
Pure Comparative Negligence
Kentucky applies the “pure comparative negligence” rule that may affect how much you may collect in damages. If you were partially at fault for the accident, your share of the negligence may reduce the total compensation you can obtain.
For example, if you are seeking $100,000 in damages but are 30% at fault, the most you will recover is $70,000.
What is the Statute of Limitations for Car Accident Claims in Kentucky?
You have a limited amount of time to file your car accident claim after your car accident. This limitation is called the “statute of limitations.” The statute of limitations varies by state and claim. In Kentucky, there are two statutes of limitation to keep in mind.
The statute of limitations for personal injury cases involving car accidents is two years after the date of the accident.
The statute of limitations for property damage is two years. If you suffered property damage during the car accident and wish to seek compensation, you will have two years to file your claim. If you fail to bring your claim within the time limit imposed on your particular claim, you are unlikely to be able to recover your damages.
Even though you have a year to two years to file your claim, you should never wait too long to file your claim. Even if you file within the statute of limitations, the defendant may argue that your injuries or the damages you suffered happened after the car accident happened. It is important to file your claim as soon as possible to avoid giving the defendant justification to deny your claim.
How Do You Pick the Right Car Accident Lawyer?
When it comes time to look for a car accident attorney in the state of Kentucky, you may not know where to begin. There are a few things to keep in mind when looking for your ideal attorney, including:
- Whether the attorney specializes in the area of law, you need help with;
- Whether the attorney is knowledgeable and experienced;
- Ensuring that the attorney is communicative;
- Ensuring the attorney will put you and your claim first;
- Learning what to expect when working with the attorney and
- Whether you feel comfortable working with the attorney.
Aside from these details, one of the most important things to consider when looking for a car accident lawyer is the area in which they practice. A local attorney is familiar with the local laws and procedures, and having your attorney close by will make face-to-face meetings that much easier.
Why Should You Pick Us?
Gerling Law Injury Attorneys has been helping clients seek compensation for over five decades. We have experience handling a wide variety of cases, including the most complex car accident cases. We fight fiercely for your rights while offering kindness and compassion throughout your experience.
If you are involved in a car accident, do not hesitate to call 812-213-4551 to schedule your free consultation where you can get to know our team and our team can get to know your case.
During your free initial case evaluation, we will review your situation, answer any questions you may have, and offer the most genuine legal advice.
Remember,
Go with Experience. Go with Gerling.®