FAQ

Are there any time limits for pursuing my injury claim in Kentucky?

ANSWER: Yes and they are very important. All legal claims are governed by statutes of limitations which are time periods in which a law suit must be filed or you will lose your claims. These time periods are different in each state and vary by the particular legal claims you can make. It is important that you consult with an attorney as time is of the essence in injury claims in Kentucky.

Do I need a personal injury attorney?

ANSWER: You should always consult a lawyer to explain your legal rights and responsibilities so that you know your options. Then you can make your own decision. We will provide a free consultation for this purpose, as well as to determine if you would benefit from legal representation. There are cases in which an attorney is invaluable, typically because of liability disputes, serious injuries, unknown insurance coverage or other complex legal issues. In our initial consultation we will advise you whether we think you need a lawyer to represent you or whether you can handle the claim on your own. We bring the threat of trial by jury to the table which often is enough to force reasonable minds to prevail and settle the case.

How long will it take to complete my case?

ANSWER: This depends on the circumstances of your case and what you decide to do with it. There is simply no way to predict at the outset exactly how long a case will take other than to estimate average time lengths for settlement and trial. Since it takes several months to investigate and evaluate a case and several more months for the other side to do the same after an offer is made, most settlements take at least some months. Trial on the other hand requires a lot more time and effort to steer your case through the legal system and consequently the earliest a Kentucky personal injury case can be tried is usually a year from the date work began and often longer. If the case is appealed, add another year on to the process and any retrial takes even longer. Settlement is faster than trial but there is no guarantee that settlement will occur.

How much is my case worth?

ANSWER: That depends entirely on the facts--both liability (fault) and injuries (damages). But ultimately your case is worth exactly as much as the jury says it is worth, no more and no less. Settlements occur when the parties' opinions about the potential jury verdict are close enough that they realize that trial would be a waste of time, effort and money for all concerned. The only way to evaluate a case to determine what it may be worth is to fully investigate the cause, develop the damages, research the law and evaluate a number of other factors from the parties' background and the attorneys' experience to the county in which the case will be filed and the judge who will try it.

The insurance adjuster says that I do not need a lawyer--do I?

ANSWER: While the insurance adjuster may be right, this comment should always raise a red flag telling you to at least consult an attorney. Remember, insurance companies are not on your side despite trite slogans such as "You're in Good Hands with Allstate" or "State Farm is There" Personal injury attorneys have a legal and ethical duty to act in the best interests of their clients. We work for you and part of our job is to advise you whether and to what extent you need our help.

Are my health insurance benefits affected by an injury claim in Kentucky I may make against someone else for personal injuries?

ANSWER: No. Your health plan benefits should not be affected by whether or not you have or pursue a personal injury claim. If the health insurance company tries to tell you otherwise, such as it does not pay for certain medical conditions because you have a personal injury claim, it is time to contact an attorney. Depending upon the health care plan involved you may have an obligation to repay the costs of benefits received from it out of any third party recovery. But that does not affect whether you are entitled to receive your health care plan coverage in the first place.