Understanding Personal Injury Claims in Kentucky

October 25, 2021

By Grossman Green PLLC

According to the Kentucky Transportation Center, there were 33,914 people injured in collisions on public roads in Kentucky in 2018. Car accidents, medical malpractice, serious dog bites, defective products, and many other circumstances can lead to an injury that changes a life forever.

If you’ve been injured due to an accident or another person’s negligence, there are options. You may be able to hold the party who is responsible for your injury liable for their actions. Our team at Grossman Green PLLC has years of experience helping our clients seek compensation in serious, complex cases. We’re proud to serve individuals in Louisville, Kentucky, the surrounding communities, and throughout southern Indiana.

Personal Injury Claims in Kentucky

Following a personal injury, medical bills and lost income can be costly. If you were injured in a car accident, filing a personal injury claim may help you recover compensation from the responsible party.

No-Fault State for Car Accidents

In a no-fault state, like Kentucky, an injured person can generally obtain at least $10,000 in compensation for medical expenses and other out-of-pocket expenses, regardless of who caused the accident. Regardless, it is important to speak to a lawyer about these benefits so that you can maximize your available benefits in this regard.

Pure Comparative Fault Rule

In addition to operating under choice no-fault rules, Kentucky is also a pure comparative fault state. That means that how much compensation, or damages, you could recover in a lawsuit is reduced by your percentage of fault. So, if you were 85% at fault for the accident, you could still receive 15% of the damages.

Statute of Limitations

There is a time limit, called the statute of limitations, for filing a personal injury case. In almost all personal injury cases, you have one year from the date of the injury to file your claim in court in Kentucky.

However, the time limit changes for auto accidents. You generally have two years after the date of the accident or the date of your last Personal Injury Protection (PIP) payment to file a lawsuit against the party that you believe is responsible for your injury from a car accident.

Filing a Personal Injury Claim

After someone is injured, he or she should contact an attorney to determine the strength of his or her case. The attorney will usually then conduct an investigation into available insurance and determine whether the case may be won in court. Then, the attorney and their client will sign an engagement agreement. The attorney will help guide the injured party or family member in pursuing the appropriate claim with an insurance company and will file the case in the correct court, if that becomes necessary.

How PIP Insurance Works

In Kentucky, all drivers, including motorcyclists, must carry a Personal Injury Protection (PIP) policy. PIP benefits pay up to $10,000 for medical expenses, lost income, and other “out-of-pocket” costs that the accident caused. Again, you can opt out of your PIP insurance by filling out the correct paperwork.

Damages Available

You may be able to recover compensation for the financial losses, or damages, you endured due to your injury. The damages that are available include:

  • Medical bills
  • Lost income
  • Pain and suffering
  • Impairment or destruction to your power to labor and earn
  • Emotional distress
  • Punitive damages

Work With Experienced Personal Injury Attorneys

The consequences of an injury can be lifelong. The first medical bills or vehicle repair costs may be just the beginning. Our team of experienced personal injury attorneys at Grossman Green PLLC will take care of your case while you focus on your recovery. We’re proud to serve clients in Louisville, Kentucky, the surrounding communities, and throughout southern Indiana. Contact us today to schedule your free consultation, and we’ll start looking into your case.