Traffic collisions cause more injuries than any other type of accident, not just in Kentucky but across the entire United States. Unfortunately, the fact that this type of accident is more common than others does not make it any easier to recover from one physically or financially—especially if you are not familiar with how state law governs both car insurance claims and personal injury lawsuits.
Fortunately, help is available to you from experienced personal injury attorneys with a track record of getting good case results on behalf of people much like you. Whether you just need help covering short-term medical bills or have suffered catastrophic trauma with life-altering consequences, a Winchester car accident lawyer can guide you through every step of the recovery process and ensure you get the best case resolution possible.
Thanks to the state’s “no-fault” car insurance system, it is not always necessary to prove someone else specifically at fault for a wreck to recover financially for losses from the crash. In virtually every scenario, someone injured in a wreck caused by someone else will first need to exhaust their own Personal Injury Protection (PIP) coverage before they can think about pursuing a civil claim. Even then, the injured party still must show they suffered damages over the minimum threshold governed by law.
If a lawsuit is possible and prudent, the outcome of that claim will hinge on whether the injured person filing it can prove that “negligence”—in other words, a specific reckless or careless act that violated the “duty of care” all drivers have to act lawfully and responsibly behind the wheel—was the main and direct cause of their accident. As the best Winchester car accident attorneys can further explain, it may also be necessary to contest accusations made by the “defendant” that the injured “plaintiff” is partially at fault for causing the crash through their own negligence. Otherwise, the court may reduce the total compensation available to that injured person in proportion to their assigned percentage of “comparative fault.”
It is worth noting that it is not possible to recover twice for the same car accident damages through both an insurance claim and a civil lawsuit. However, it is possible to recover through a lawsuit for certain damages that insurance did not fully cover, such as long-term medical expenses for physical therapy and assistive equipment. Other damages which may factor into an auto accident case include:
Importantly, though, state law typically limits those injured in auto collisions from filing suit more than two years after their last PIP insurance payment or after their accident happened. Just like many things in life, time is of the essence when it comes to contacting the best car accident lawyer in Winchester you can find and beginning the legal process.
Even if it seems obvious to you that someone else is entirely to blame for causing a motor vehicle wreck that left you seriously injured, insurance providers—not to mention the civil court system—will rarely take your word for it. You will need to have sufficient evidence on your side and a thorough understanding of the laws that dictate the facts of your motor vehicle case. Moreover, it is important to anticipate how insurance companies analyze and evaluate every factor of the claim to their own advantage.
Fortunately, our highly rated Winchester lawyers are available to assist you in any type of car crash that you or a loved one may suffer. For a free and confidential case evaluation, contact Maze Law Offices today to see how our trusted Winchester car accident lawyers could assist you. Consultations are available by phone or in our local office.