Frequently Asked Questions About Personal Injury in Kentucky

Personal injury claims are insurance claims that arise when a person who suffers an injury in an accident (the Plaintiff) seeks money damages from a person or organization (and their insurance carriers) who may be held legally responsible for causing the harm (the defendant).”

If the defendant is found to be responsible (liable) for the plaintiff’s injuries, the defendant or their insurance company will have to pay for the damages that are related to that harm (such as medical bills, pain and suffering, and other elements of damage).

A personal injury case begins when you present your claim to the defendant, either by providing them with notice of a claim and trying to negotiate a settlement outside of court, or by submitting the appropriate legal paperwork to your local court to file a lawsuit.

After that, you have time to build your case by contacting witnesses, gathering evidence, getting medical examinations, and investigating the at-fault party. You (the plaintiff) and the other side (the defendant) can both bring preliminary motions to the court.

Your attorney will approach the defendant to try negotiating a settlement. If the case resolves this way, as most do, you can collect your insurance payment. If the defendant refuses to cooperate, your case will go to trial, during which your attorney will argue for a settlement on your behalf.

In certain situations, you must file your case within one year of the date of the accident, or else it will likely be dismissed as being past the “statute of limitations.”. Sometimes this “statute of limitations” can be extended, but it is always best to submit your claim immediately, while the evidence is fresh.

Most personal injury cases don’t go to trial. Most are resolved through a mutually agreed upon settlement before the trial date arrives. A personal injury case will only go to trial if the facts are in dispute or there is a contested legal issue. In almost all cases, it will then be up to a citizen jury of twelve people to decide the outcome.

Here are the most important steps to take after any personal injury accident:

• Take photos of your injuries and any property damage
• Write down what happened while the memory is still fresh in your head
• Create a list of witnesses and their contact information
• Visit a doctor for treatment or a checkup as soon as possible
• Follow your doctor’s care plan and attend all follow-up appointments
• Call an attorney for further guidance

By collecting as much evidence as you can at the crash site. If you are able, take as many photographs as you can of the accident scene and any injuries you and your passengers have suffered. Talk to witnesses and ask if they can share their contact information in case you need to collect a statement from them. And call the police to the scene so they file an accident report.

Another thing to keep in mind is to never say you are sorry. Even just by apologizing out of politeness, you can be implicated as the person who is at fault.

In the unfortunate event that you were unable to take pictures at the crash scene due to your injuries, an attorney can help you investigate the accident and establish who is at fault.