As an injury attorney, I understand how critical it is to have in-depth knowledge of car accident laws in Louisville. Each state has a set of laws that govern personal injury cases and it is necessary to operate within them. Otherwise you could miss out on the opportunity to file a claim. As an attorney, my job is to ensure that my clients can pursue financial damages and that their claim is maximized to whatever extent possible. I hope this web site and information provided can help you make the best decision on how to decide between car accident lawyers in Louisville.
Car accidents are one of the most common ways that people get injured and have property damage in the United States. This is because of the large number of cars on the road, the amount of distracted drivers, people driving above the speed limit, driving under the influence, and any number of other reasons that lead to car accidents. As a result, there are very specific laws that are applied to car cases, especially in places like Louisville where the laws of Kentucky determine your case. An important thing to note include is that there is a statute of limitations on filing a claim if your car has been damaged or if you have sustained injuries in the accident. Essentially, you need to file your claim within one year for personal injury and two for property damage. This is a much shorter time period than in other states so I recommend hiring an attorney right away.
Kentucky is a No-Fault State
If you have been in a car accident in Louisville and want to avail of the no-fault insurance rule, then you will need to know what it is and how it can be applied. First a no-fault insurance provision is an option when you sign up for insurance. What this means is that you have an “opt out” clause that kicks in only in the event of an accident. If you opt-out and are in an accident, fault is not a determining factor on liability. The driver with the no-fault insurance clause simply turns exclusively to their own insurance to cover the damages to the car and themselves. This sometimes reduces litigation times and can get you back on the road faster. However, this also means that you do not have a chance to pursue legal action against the other driver unless certain criteria are met. These criteria include –
If the damages done to your person, injuries, end up costing you more than $1,000 you can directly pursue a claim against the at fault driver.
The second criteria is if the accident qualifies as serious under Kentucky State law. Essentially to qualify for an exemption from the no-fault insurance rule, the accident has to result in serious injury which includes permanent disfigurement, fracture to a weigh bearing bone, a displaced fracture, any permanent injury, or permanent loss of body function.
All of these are serious conditions, which should result in the waving of the opt-out provisions of your insurance plan because it is going to take time, and serious expense, to get your health back to a sustainable living level. In cases like this it is critical that you file your lawsuit for personal injury quickly, with all the facts to back up what you are claiming. According to car accident laws in Louisville, you have a very limited time to file a personal injury lawsuit. Governed by Ky. Rev. Stat. Ann. § 413.080(1) the law states that you have exactly one year from the date of the accident to file a personal injury lawsuit. In other words, you need to get an attorney involved immediately so that we can get you past the no-fault insurance provisions and makes sure to get your case filed in a timely manner. If you are unable to do one or both of those, you may end up owing thousands of dollars in medical bills for your own health and recovery. As an attorney, I work to gain fair compensation for my clients’ injuries and can answer any questions that you have regarding the process.
Bradley D. Harville of the Harville Law Offices, has successfully represented clients in Louisville and throughout Kentucky, maximizing the compensation they receive for their personal injury case. With over thirty years of experience, Mr. Harville has a depth of knowledge and first-hand experience, trying and winning personal injury cases.