Personal Injury FAQ

Personal Injury FAQ

How long do I have to file a personal injury claim?

Personal injury claims must be brought within a specific period of time after the accident, after which they become ‘statute barred’ and will not succeed.  The length of this strict time limit varies from state to state, but is shorter than most other types of cases and is usually around 3 years.

What is my personal injury claim worth?

Determining how much your accident injuries are worth is a critical aspect of any personal injury claim.  It’s the part of a claim that is most difficult to determine; the amount varies depending on particular circumstances.  To determine what your claim is worth, insurance companies consider the types of damages for which you may be compensated.  These damages include:

  • Medical care and related expenses
  • Income lost because of the accident, due to the time spent unable to work or undergoing treatment for injuries
  • Permanent physical disability or disfigurement
  • Loss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special event
  • Emotional damages, such as stress, embarrassment, depression, or strains on family relationships – for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations
  • Damaged property
  • Punitive damages which are monies awarded, in addition to economic damages and other non-economic damages, to punish a manufacturer for willful or wanton conduct.

What happens if I file a lawsuit?

You become the plaintiff in the case and the person who injured you becomes the defendant.  Personal injury lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or deposition (questions that are asked in person and answered under oath).  This process is called discovery.  After discovery, many cases get settled before trial.  Only a small percentage of personal injury actions ever go to trial.

What does it mean to settle a case?

Settling a case means that you agree to accept money in return for dropping your action against the person who injured you.  You’ll actually sign a release absolving the other side of any further liability.  To help you decide whether to accept the settlement offer, your lawyer will be able to provide a realistic assessment of whether a lawsuit based on your claim will be looked at in court.  The decision to accept a settlement offer is yours, not the lawyer’s.

Personal Injury

Hiring a Personal Injury Attorney

Our personal injury lawyers have received the AV rating by Martindale Hubbell and have been recognized in various publications such as Best Lawyers in America, Super Lawyers of Kentucky and ATLA Top 100 Trial Lawyers.

If you have a question regarding your personal injury, please contact Thomas Kerrick.

Resources

American Bar Association
Division for Public Education – Personal Injury Claims – www.abanet.org

Kentucky Department of Insurance
A Parent’s Guide to Teen Driving – www.insurance.ky.gov

Kentucky Department of Insurance
After An Accident – www.insurance.ky.gov

Kentucky Department of Insurance
Consumer guide to Auto and Home Insurance – www.insurance.ky.gov

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