Unfortunately, car accidents happen. If you are injured in Louisville or elsewhere in Kentucky due to a car accident and it occurred due to another driver’s negligence or irresponsible and reckless actions on the road, you need to find out about your rights. This starts with learning all about the state’s car accident compensation laws if you are considering filing a personal injury claim.
No Fault and Pure Comparative Fault Rules
Kentucky is one of the states in the country that utilizes a system known as “no fault” for insurance claims following a car accident. In order for a claim to be successful, an injured individual has to prove that their damages are greater than the norm. In Kentucky, you are allowed to file a claim if your injuries cost more than $1,000 for medical expenses, especially if the injury is permanent, led to a broken bone, permanent disfigurement or resulted in death.
Additionally, Kentucky has a “pure comparative negligence” law in place, which means that if your case goes to trial, the judge or jury will determine the percentage of fault for each driver. In other words, if the plaintiff has been injured in an accident but was determined to have been at least partially responsible for the accident, the percentage of their responsibility is deducted from the total amount they are seeking in compensation. For example, if two drivers had a collision at a stop sign and one driver didn’t stop but the other was traveling somewhat over the speed limit when the accident occurred, the person who ran the stop sign may be found 90 percent responsible and the speeder 10 percent. If the speeder was injured and suing for $10,000, the total amount of compensation they would receive is $9,000.
Types of Damages
There are two types of damages in cases such as these. They are economic and non-economic damages. Economic damages are based on money, while non-economic are those that involve other issues like pain and suffering, emotional distress and disability.
The following are the most common types of damages in car accident cases:
• Replacement vehicles
• Pain and suffering
• Medical expenses
• Rental cars
• Lost wages
• Loss of companionship
Limits on Damages
Kentucky is not one of the states that has a cap on damages in personal injury cases. This means that there are no limits on the amount of compensation an injured plaintiff can seek or receive.
However, there is a time limit for filing a claim for personal injury. This is known as the statute of limitations. In the state of Kentucky, you have up to two years from the time of the accident or when the injury was sustained to file your case with the court. If you fail to file within that time frame, your case will not be heard and you will not be able to receive compensation.
If you have been involved in a car accident that left you dealing with a personal injury, you need a skilled attorney representing you. Contact the law office of TJ Smith at your earliest convenience to discuss your case.