Auto Accident Representation in Corbin Kentucky

AUTO ACCIDENTS

NO FAULT INSURANCE

     Kentucky has no fault insurance. That means if you are involved in an automobile accident you are entitled to certain benefits even if the accident was your fault. The first $10,000.00 dollars in medical benefits and lost wages which you incur are paid by your own insurance company without regard to whether the accident was caused by you or the other driver.

PIP BENEFITS

     If you are involved in an automobile accident your own insurance company is required to pay $10,000.00 towards your medical expenses and lost wages. Those benefits are called personal injury protection benefits or PIP benefits for short. Your own insurance company is required to pay those benefits without regard to who was the "at fault" driver.

PAIN AND SUFFERING

     Under Kentucky law you cannot recover for pain and suffering until you have met one of the threshold requirements. Those threshold requirements are: medical expenses in excess of $1,000.00, fracture of a weight bearing bone, permanent disfigurement, permanent injury. Once you have met one of the threshold requirements you are free to file suit against the other driver to recover damages for your pain and suffering.

DAMAGES

     Once you have met one of the threshold requirements you may file suit in order to recover the damages you have suffered in the accident. Those damages include past and future pain and suffering, past and future medical expenses and past lost wages and impairment of your ability to earn money in the future.

TRIAL

     After filing suit, if you are unable to reach a settlement, you must go to trial and allow a jury to determine the amount of damages you are entitled to receive. The amount of damages you are likely receive from a jury is inherently unpredictable. Several factors can have a affect on the size of an award you might receive from a jury. The more serious the injury the higher the jury award is likely to be. People involved in automobile accidents often receive what is referred to as soft tissue injuries. These are injuries in which no bones are broken and, generally, no surgery is required. A typical soft tissue injury is the low back pain or the neck pain you my feel beginning, usually, within twenty four hours of the accident. X-rays reveal no broken bones and no surgery is required. While soft tissue injuries are very real and certainly the pain you feel is real, juries typically don’t award high amounts for these kinds of injuries. High medical bills are another factor which may increase the size of an expected jury award since high medical bills tend to imply a more serious injury. Necessary surgical intervention may also increase the size of an expected jury award since the need for surgery implies a more serious injury. Bad conduct can also influence the amount of an expected jury verdict. Bad conduct on the part of the "at fault" driver can increase the size of an expected jury award. If the bad conduct is bad enough, such as driving while intoxicated or excessive speed you may be entitled to recover punitive damages. Punitive damages are damages which are designed to deter similar conduct in the future. On the other hand your own bad conduct can decrease the size of an expected jury award.

SETTLEMENT

     Because predicting the outcome of a jury trial is difficult at best, it is often wise to seek a settlement rather than going to trial. The outcome of settlement negotiations are influenced by many of the same factors which influence the outcome of jury trials plus other factors which aren’t usually involved in jury trials. Whether you are facing a jury trial or a negotiated settlement you cannot realistically expect to get a maximum return on your claim without the assistance of someone familiar with the legal process. You need an attorney to guide you through the process. If you wish me to assist you in trying or negotiating your case contact me at 606 528-3027 or 800-258-3280 to set up an appointment to discuss your case or go to the contact section of this web site and send me an email.