Hurt In A Louisville Car Accident – Now What?
If you were injured in a car accident in Louisville you may have a lot of immediate questions. How will your medical bills be paid? How long will recovery take? What will insurance pay for and will everything be covered? Will you lose your job because you’re missing work?
When the initial shock of the accident goes away, you may have an entirely different set of questions. Does the Personal Injury Protection (PIP) coverage limit of $10,000 apply in your case? Can you sue the at-fault driver? Do you need a car accident attorney? The answer to most of those questions is that it depends upon the facts of your case. The answer to whether you need a Louisville attorney is, usually, yes.
What Constitutes Fault?
Kentucky has a provision in its insurance laws which enable a motor vehicle owner to reject the tort (no fault) limits. This means that if you were one of the people injured and you rejected the tort limits, you are able to sue the at fault driver or at fault party. Being at fault can also be considered negligence. Examples of at-fault driving include:
- Distracted driving (texting, drowsiness)
- Failure to yield, stop or merge properly
- Intoxication or chemical influence
- Reckless driving
- Wrong-way driving
There are other actions or inactions which can be considered fault, such as defective motor vehicles, faulty automotive parts or substandard and dangerous roads. Your Louisville lawyer will need to establish that the other party was at fault and may need to consult with other experts to do so. Experts or specialists who may be needed to prove negligence, range from accident reconstructionist to mechanical engineers. It is also possible to be a passenger in a single car accident and to determine that the driver was at fault.
Your attorney will also need to establish the extent of your injuries, medical expenses and your injuries’ impact upon your wages. Examples of personal injury expenses include:
- Ambulance or medical airlift cost
- Emergency room costs
- Physician and surgeon fees
- X-rays and other diagnostic tests
- In-home nursing
There could be other work-related expenses such as re-training or re-education if you are unable to perform your previous job duties. Or perhaps you need a home or vehicle modification if you suffer paralysis or some other long-term condition as a result of your accident.
How Long Will This Take?
When you and your attorney embark on a lawsuit, it could be settled quickly or it could take a very long time. If you have no fault insurance, your case might be settled quickly due to the tort limits which are in place. If you rejected the tort limits, then you case could take longer to settle due to the need to establish fault and the requirement to fully understand the financial impact of your injuries.
In either case, your Louisville lawyer can answer your questions and help make certain that you are provided with the quality legal re