Category: Personal Injury

Tips for Proving Liability If You Are Injured In an Automobile Accident…

If the accident wasn’t your fault, having an official police report will help you hold the other driver accountable for damages and repair costs. Don’t try to work out reparations with the other driver on your own, even if the other driver doesn’t want to involve the police or insurance companies. When a car accident leads to serious injuries for drivers and passengers, and the damage to the vehicles involved, the memory of that incident can linger for years if not decades. When another party caused the accident you were involved in, there may come a time when you need to focus on proving liability.

Proving Liability After a Car Accident

You may have to be involved in a personal injury lawsuit and prove the following…

  • The driver had a duty to exercise reasonable caution on the road.
  • The driver was negligent and did not fulfill that duty to exercise reasonable care when driving.
  • The driver’s negligence was the cause of the wreck.

Many may think this is a simple concept, but in some cases, the facts may not be as clear as we would like. Those immediate facts gathered after the accident are crucial.

Gathering the Facts

A police officer’s detailed impressions and the information from those involved and by a few witnesses can be one of the most important pieces of information that lead to the car accident. Also if there are any photographs of the accident scene that would be significant. Medical records can also be vastly important. Proving liability in the personal injury lawsuit based on the car accident information is the same as all legal cases… evidence.

What Does No-Fault Mean?

In Kentucky a no-fault state, each driver turns to their auto insurance for coverage for medical expenses no matter who caused the crash The guiding principle of no-fault law is that all drivers are required by law to insure themselves against potential injuries and damages caused by an auto accident. As a result, if you have been injured in an auto accident in a no-fault state, your first and legally preferred source of recovery is your own insurance company.

When Can You File Suit?

Only if certain statutorily specified conditions are met, may you file suit against another party in an attempt to recover damages. No-fault states have instituted an economic threshold for bringing suit. They cap the amount of money your insurance company is obligated to pay, and if your economic damages exceed (or most likely will exceed) the cap, you may file suit to recover from another party. Economic thresholds are far easier to analyze and estimate than physical injury thresholds. While no-fault laws are restrictive, they do serve a purpose. If you sustain minor injuries or simply total your vehicle with no injury at all, you are covered by your own insurance. An insurance claim is usually far less adversarial than a lawsuit. You can only step outside the no-fault system — and file a liability claim or lawsuit against the at-fault driver — if your accident resulted in “serious injuries.”

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

How to Know When Legal Action Should Be Taken After a Fall in a Nursing Home…

You entrusted the health, safety, and well-being of your loved one to a nursing home; then you got a phone call saying that they fell and broke a hip. The nursing home rushed your loved one to the hospital by ambulance. They needed surgery to repair the fracture. Your loved one had to undergo a long and painful recuperation. One of the primary methods for preventing falls is to determine who is a risk for falling. Elderly nursing home residents can suffer considerable injuries if they fall. For this reason, fall prevention must always remain a priority at these facilities.

Ways to Prevent Nursing Home Falls

There are so many precautions that can be taken to prevent fall injuries from happening in the first place. Some of the best ways to prevent nursing home falls include…

  • Every resident should have a completed risk assessment which includes past accidents and falls, medications are taken, and general physical health.
  • Nursing home staff should always be attentive to residents, and the proper equipment should always be available to those who need help walking. These residents should always receive the proper foot care, shoes, and the appropriate walking aids.
  • Staff members should be properly trained on fall prevention strategies as well as the risks involved when a resident falls.
  • Nursing homes should never have environmental hazards, and if any occur, they should be removed immediately. Environmental hazards consist of poor lighting, slippery floors, debris in walkways, improper exit signs, broken equipment, and more.
  • Nursing homes should be careful to avoid incorrect bed heights and faulty bed rails. Faulty bed rails and incorrect bed height account for close to 30 percent of nursing home falls nationwide.
  • Exercise programs, including physical therapy, stretching, and balance should be available to all residents. Although statistics show that exercises may not help with falls, they will help to improve strength and balance which can help lessen injuries should a fall occur.

When a Resident Has a Fall

Although it is impossible to prevent 100 percent of falls in nursing homes, many falls happen because of mistakes on the part of the nursing home policies or policies for the staff. Approximately 1,800 nursing home residents each year can be attributed to fall-related injuries. Adults 65 and older are four times more likely to die of fall-related injuries if they live in nursing homes compared to those that live at home or with loved ones. After a fall the patient should receive an evaluation to determine if they are any injuries. They may need follow-up care. One fall might not signal a serious issue, multiple falls may come from negligence or even abuse.

Should Legal Action Be Taken?

Nursing home fall lawyers will hold the caregiver responsible following patient falls in nursing homes throughout Kentucky resulting from neglect or inattention. A successful lawsuit can help pay for medical care and future treatment, and also helps prevent the same type of harm from happening to another resident in the future. If you suspect that your family member or loved one’s broken bones were the result of inattention or neglect, a lawyer can help. Taking steps to determine what is going on and to protect the residents from future harm is imperative.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

What Happens If You Get in a Car Accident While Working?

If you’ve been in a car accident while working, it’s normal to be upset and anxious, especially if other people were badly injured. You may be technically at fault for the crash, but you still deserve protection. If you have any worries that your employer’s insurance company is going to throw you under the bus, contact a personal injury attorney. When you add an addition complication to a crash, it can be difficult for the average individual to make sense of who incurs liability and financial responsibility for the injured and the property damage. If someone else causes the crash and they were on the job at the time you may have to deal with a complicated third party insurance claim.

Are Employers Liable for Employee’s Car Accidents?

When an employee causes an accident while performing a work-related task, the employer may be on the legal hook for resulting injuries and property damage. The specifics of the situation will decide whether of not the company or the driver who caused the crash has any responsibility for what happened. If there are injuries to the employee they may have grounds to file a workers compensation claim. If a person on the clock crashed into you, you may be able to bring a claim against their employer for your losses if their insurance does not adequately cover your expenses.

When To File a Third Party Claim After a Car Accident…

One difference between a property damage claim and a personal injury claim is that with the property damage claim you will be back in contact with the insurance adjuster as soon as you have a repair estimate for your property — whereas with a personal injury claim, you will usually wait until your medical condition stabilizes before speaking again with the adjuster. You may need to speak with the adjuster on the phone several times to set up inspection of your car or other property, or to get a separate insurance estimate of repairs if the adjuster requests it. Many insurance carriers will gladly work with their own clients to cover expenses that the company technically has no obligation to pay. They pay and then send the bill along to the company insuring the other driver. In a complicated situation that may involve worker’s compensation the third party insurance may need to be involved. You may need to be more proactive about how you handle your claim in that situation. It may be wise to contact a legal professional who can negotiate with the various insurance carriers on your behalf to make sure you are getting the compensation you need for medical reasons. In a legally complex employee-related accident with injuries you may have to involve a third party insurance carrier.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Many Times Insurance Companies Want to Settle Your Case. See Why That’s Not Always a Good Idea For You…

When an insurance company offers you a settlement, they are essentially acknowledging their client’s fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved, If you get a call from them before you have contacted your lawyer absolutely tell them you want to consult with an attorney before agreeing to settle a case. If the injuries are sustained in any kind of collision, and whether the injuries appear minor or resulted in a fatality, broken bones, paralysis, or other injuries, you should talk to an attorney before talking to an insurance agent or adjuster about the facts of the case.

The Insurer’s Goal

Insurance companies are not on your side. their goal is to pay an injured person as little as possible. Never allow an adjuster to bully you to try to convince you and make you agree to a damaging statement. The most important rule to follow when notifying your insurance company about a crash is to keep it simple.

You can tell the insurance representative…

  • There was a crash
  • Where the crash happened
  • Whether your car was damaged

Saying much more than the bare minimum can do more harm than good in your situation, although it pays to read the insurance policy to confirm that you are not legally obligated to provide more information. Leave it up to them to dispatch a claims adjuster to examine the scene and conduct an investigation.

The Problem With a Money Offer

Sometimes insurance adjusters offer a sum of money immediately after an accident offering to settle your personal injury case. Usually, it is far less than your case may be worth. The full extent of your personal injuries may not be known until many many months or up to a year after an accident. If you accept a settlement in exchange for waiving your claims, you may give up your right to pursue compensation even where your injuries turn out to be very serious. You may be waiving your right to file a claim under your health insurance policy that you aren’t even aware of.

How a Personal Injury Attorney Can Help

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain, and suffering, and provide compensation for injuries suffered. Personal injury lawyers are expected to follow strict set principles of legal ethics when working with their clients. A personal injury attorney is familiar with many different kinds of injuries and evaluations of what a case is reasonably worth. Most people want to be polite and helpful in interacting with others. However, talking to an insurance adjuster without the participation of an attorney is not advisable. Finally, the simple act of having legal representation can make your insurance company take your claim more seriously. When they learn that you have hired a lawyer, they will know that they cannot roll over your interests and are more likely to make a higher initial offer that is closer to what you really deserve.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Who is Responsible For a Truck Accident? The Driver? The Carrier? Or Both?

Commercial truck accidents are different from crashes that involve only passenger cars, in part because a trucking company usually employs the truck driver involved in the wreck. As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. In addition to a truck driver and the carrier, several other parties may be liable for a truck accident. This is why an attorney can help. An experienced truck accident lawyer can investigate your accident to determine its course and based on the evidence, who can be held accountable. There are a number of things that can contribute to a trucking accident and because of that, a number of people may be held liable.

Causes of Trucking Accidents

There is a variety of data that should be reviewed after a commercial truck accident to determine what happened and who all may be legally responsible for the crash. Accident commonly results from the following…

  • Improper loading can cause an imbalance in the trailer that increases its chance of a jackknife or rollover accident.
  • Distracted driving, may involve texting, eating, smoking, and other distracting activities while driving.
  • Reckless driving things like speeding, improper lane changes, or tailgating.
  • Negligent hiring, in which the truck company was careless in selecting a qualified driver.
  • Fatigued driving, if a driver has violations of the FMCSA hours of service regulations.
  • Drug or Alcohol, making the truck driver less aware of their reactions to avoid a collision.
  • Truck maintenance, negligence in properly maintaining the truck.

Investigation of Key Evidence

The liable party or parties can be revealed through the investigation of the accident.

  • Was the driver driving in a careless or reckless manner?
  • Was there a third party involved and for any other action that contributed to or caused the accident?
  • Was there a failed mechanical action to keep the vehicle in safe working order?
  • Was the trucking company negligent in hiring or failing to perform a drug test on the driver?

If an investigation shows that several parties may be held liable for a truck accident, victims may be able to maximize the compensation they obtain for their losses through multiple claims. If you have been injured in a trucking accident in Kentucky, you should contact an experienced attorney as soon as possible. Truck accident attorneys know how to investigate truck accidents fully and how to develop solid cases against negligent truck drivers, trucking companies, manufacturers and distributors, vendors, and other third parties. They will work diligently and aggressively to maximize compensation from all available sources.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Have You Been In an Auto Accident? The Following Explains The Damages You Can Recover…

If you have been in a car accident recently you are probably in need of car repairs, a rental car, some healthcare if injuries were sustained. If many weeks have expired and you have heard nothing. If your expenses have skyrocketed and grown significantly since your collision. If it looks like the collision has caused some long term injuries. It may be time to think about taking legal action. It may become necessary for you to file a personal injury complaint against the driver whose actions resulted in your injuries and expenses. 

Compensation for Medical Expenses in Car Accident Cases

If you are injured in a car accident, quick payment of your medical bills often depends on whether the accident happened in a “no-fault” state. Kentucky is a no-fault state which means that your own automobile insurer will pay some or all of your medical bills if you get into a car accident, (often more promptly than in traditional “fault” states) regardless of who was at fault for the accident, up to the limits of your no-fault coverage. It’s important to note that if your medical bills exceed a certain amount (or your injuries qualify as sufficiently serious) you’ll be able to step outside the no-fault system and file a traditional liability claim against the at-fault driver, but this process will almost certainly take a while to resolve. Depending on the severity of your injuries and the circumstance or the accident you may be able to recover compensation for auto repairs, medical expenses, ambulance cost, liabilities, in-home healthcare services, and related treatments and therapies.

Long Term Cost of Car Accident Injuries

The costs to replace the immediate medical bills may not tell the whole story of the long term medical costs. In fact, too often people agree to a settlement before they understand the long-term repercussions of the accident. There are sometimes medical conditions that do not manifest until months or even years later. An attorney will understand the nuances of your case and will understand the precedent set in similar cases. You should also talk frankly with your physician as to your long-term prognosis, and any complications which may arise. You’ll want to understand how your injury today could affect your health and wellness down the road. Here are a few considerations which you can discuss with your doctor, and share with your attorney in order to prepare for any long term medical costs.

  • Possible Surgical Costs – Some injuries sustained in a car accident will need more than one surgery to effect a full recovery. You may need subsequent surgeries. Another possibility is plastic surgery. Insurance companies do not always cover what they consider “cosmetic” procedures.
  • Prescription and Drug Costs – Medications that are prescribed by a physician are often cost-prohibitive, especially for those without adequate insurance coverage. Some injuries necessitate long-term medication usage, especially if the accident victim is left to deal with chronic pain.
  • Cost of Medical Equipment – Depending on the extent and nature of the car accident, a victim may have to procure medical equipment, such as wheelchairs and in-home respirators. Medical equipment can be exceptionally expensive and can represent a significant budget item for victims as the years go by.
  • Physical Therapy and Rehabilitation – More severe injuries may result in the need for rehabilitative therapy services. Rehabilitation is often necessary for the victim to resume a normal life, whether that means walking or being able to have a full range of motion. Without access to rehabilitative services, a car accident victim may suffer long-term or permanent wage loss if they cannot return to the same job.
  • Psychological and Psychiatric Costs – Serious auto accidents are completely unexpected, highly emotional, and potentially traumatic. It is difficult to determine just how a patient will react. This is only applicable for people why are consciously in pain during or after the time of their injury.
  • Lost Income – If your injuries have kept you out of work you can sue the person responsible for all of the wages you missed out on during your recovery. If this injury has ended your working life you will need to work with your personal injury attorney to calculate how much the injury will cost you in the long run and demand compensation in court.
  • Loss of Companionship and Intimacy – Deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries caused by a car accident. The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium. There is legal recourse for people who have been injured in such a way that permanently damages their ability to experience a personal connection with loved ones.

If you’ve been seriously injured in an accident, retaining a personal injury lawyer may help you pursue compensation for any damages incurred as a result. However, it can be incredibly difficult to find a lawyer for your needs, especially if you are recovering from your injuries. With thousands of personal injury lawyers online, how do you find the right one? Make sure that your potential attorney does nothing but personal injury work. This way you know you are getting someone with experience who knows the ins and outs of the applicable law and how to handle a claim from beginning to end. Do not wait until your injuries become so personally and financially costly that it is too great a burden to bear. Get in touch with a compassionate, knowledgeable personal injury attorney right away.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

If Parents Are Found To Have Provided Negligent Supervision, They Can Be Liable for Their Children’s Auto Accidents. View a Real Case Example…

Getting a driver’s license is a major milestone for teenagers. It is also a big responsibility. While driving can be a sign of maturity, reckless behavior behind the wheel can have drastic consequences. When your teenager begins driving, it is important to discuss the potential dangers of any vehicle. Review teenage driver safety tips to be sure your child understands the rules of the road. Motor vehicle owners in Kentucky who are also parents need to pay attention to whether or not it is appropriate to let their children drive. When a parent signs the application for a minor to obtain a driver’s license they accept liability for any damage caused by the teen. If an underage driver does not have a driver’s license but decides to drive a car and has a crash while driving, all liability caused can be claimed against the parents for negligent supervision.

Negligent Supervision Cases

Parents become responsible if they themselves are negligent in the supervision of their children and, as a result, their children negligently injure someone. The cases are based on the idea that a parent has a duty to exercise reasonable care to make sure his or her minor child does not intentionally harm another of cause a risk of bodily harm. To prove negligent supervision in the contest of a car accident, a plaintiff must show…

  • The parent had a duty
  • That they breached the duty
  • That the breach causes the actual injury

To be held responsible a parent must know of his or her ability to control the minor and must know that it is necessary and possible to control the child. Foresee-ability is the issue on which a parent’s responsibility to control his or her child turns. If the teen has prior occurrences of the cause of the accident and the parent is aware of that behavior it could cause a parent to be responsible. However, parents are not required to be fortune-tellers about their teen’s behavior. In the case of car accidents, parents who know the teen has been drunk and driven on prior occasions may be liable to anyone the teen injures.

Alcohol and Teen Drivers – An Real Case Example…

A Ky Court of Appeals 2005 case consider whether parents had negligently supervised their child who crashed their car and injured a passenger. The 15-year-old driver convinced someone to buy him beer. He had no permit or license. He and a group of friends drank beer at a friend’s house and then the fifteen year old drove the friends to a cemetery for another gathering. As he was driving through the cemetery he crashed into a tree. One of the friends in the back seat suffered brain damage as a result. The parents of the injured boy sued the fifteen-year-old and his parents, and others. The claim against the parents was negligent supervision of their son. The parents of the fifteen old filed suit that there was no negligence in supervising their son and prevailed. There was an appeal by the parents of the injured boy. The appellate court said there was no evidence that the parents had actual knowledge of their son drinking and driving on the night of the accident or even before. The plaintiffs argued that the accident was foreseeable because the parents knew of prior occasions of drinking and prior occasions of driving the vehicle. The fifteen-year-old’s parents said he was punished and the plaintiffs argued the parent efforts were ineffectual. The boy’s mother did say she had taken the boy to the cemetery to do driver training previously. The appellate court ruled these isolated instances of drinking and on another occasion operating a motor vehicle with his parent in the car were not sufficient to make it foreseeable that he would take a car and crash it into a tree. The appellate court also found that there was insufficient evidence to show that the parents had the actual ability to control their son to keep him from driving and crashing the car into the tree that night.

Prevent Impaired Driving

Alcohol isn’t just illegal for teenagers to consume—it can be deadly if they drink and drive. In fact, drunk driving is one of the most frequent causes of death among teens. Alcohol impairs most of the skills that young drivers need the most, such as their reaction time, their vision, and their judgment. Parents of teenagers who own cars must be cautious about how they respond to their child’s misbehavior in connection with the car and drinking. This case found in favor of the defendant, but the court left open the question of whether the parents would have been liable if they had known of more occasions on which their son drove drunk.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

How Long Do You Have To Pursue An Auto Injury Case? View the Following Court Case Example…

Car accidents can leave people seriously injured. Those injuries are often excruciating and costly to treat. For this reason, many people file an insurance claim, a personal injury lawsuit, or both after a car accident. However, not all car crashes warrant a personal injury claim or a lawsuit. In Kentucky, car drivers are required to carry basic Personal Injury Protection (PIP) insurance coverage. The PIP benefits are also commonly referred to as “no-fault” benefits. The benefits are to be paid to the person injured through the use of a motor vehicle regardless of whose fault the injury is. Basic PIP gives coverage to each person in each accident a minimum of $10,000 to cover out-of-pocket costs for medical expenses or lost wages. So, how do you know if you have a car accident case, and when you should file a claim? Below are some points to consider as you decide whether you should speak with a car accident attorney about your case.

What Are the Laws In The State Where the Accident Happened?

Kentucky statutes state that in exchange for receiving PIP benefits, all individuals who register, maintain, operate, or use a vehicle in Kentucky accept certain limits on their right to recover damages after an accident with injuries. This means that if you have PIP coverage, a lawsuit cannot be filed seeking additional compensation unless the injured person sustained medical expenses greater than $1,000, a broken bone, permanent injury, or death. If you are not sure if you are entitled to PIP benefits, please contact an attorney who can help guide you through the intricacies of the Kentucky PIP statute.

How Long Do You Have to File a Claim for PIP Benefits?

An injury victim has two years after suffering a loss that the person knew or should have known was caused by the accident to file a PIP claim. No claim can be initiated four years after the accident. However, it is generally best to file a claim as soon as possible so you do not miss these statutes of limitations.

Consider This Case…

  • Situation – A lady was injured when her car was rear-ended. She received basic PIP benefits from her own carrier. Later she started to experience serious medical problems with several head and neck injuries. It took two years to diagnosis the condition and her physician’s opinion was that the problems were the result of the car accident.
  • Details of the Suit – She then filed suit against the driver of the other vehicle. The other vehicle owner then made a motion to dismiss the suit saying it had been filed after the two-year statute of limitations.
  • Does The Discovery Rule Apply – Motor Vehicle Reparations Statute, extends the period for car accident injuries to two years after the date the last payment for personal injury protection benefits were paid. In cases where the discovery rule applies the rule means that the statute of limitations period only starts when the injury is or should have been discovered. The plaintiff in this case argued that the discovery should apply to permit them to bring their claim against the driver of the other car.
  • Court Decision –  The trial court in this case declined to extend the application of the discovery rule to the case. Instead, the court ruled that they had either two years from the date of the loss (the car accident) or two years from the last PIP payment from the PIP insurer to bring a claim. In this case, they had waited for more than two years from the last PIP payment to sue the driver of the other car even though they knew her identity. The lady in its case tried to argue that she only discovered how badly she was injured after two-years. They argued that to extend the discovery rule would reward claimants who waited to file suit until they had established a connection between accident and injury. The court failed to apply the discovery rule, and thus the case was time-barred and dismissed, and the injured woman was not compensated for her injuries.

Bottom-line – If Injured, Hire an Attorney ASAP

Letting the statute of limitations for car accident lawsuits expire means that an injured person may never get compensation for injuries. If you’ve been injured in a car accident in Kentucky, the best way to protect your rights and ensure that you do not miss the statute of limitations’ deadline is to hire a Kentucky car accident attorney as soon as possible.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Should You Sue Someone Who Injures You In a Car Accident? View What’s Involved and Make Your Own Educated Decision…

Some people ask themselves if they should really sue because someone injured them even when they know that the insurance company will pay for the losses. Insurance companies do want to pay claims easily but when their customers are liable for your injury and it is proven, they expect to pay losses. In the state of Kentucky, built-in protection against a weak claim is in effect and should alleviate any anxiety you may feel about bringing a lawsuit.

Kentucky is a No-fault Insurance State

Kentucky is a “no-fault” state when it comes to auto insurance. In most auto accidents, Kentucky requires injured people to seek compensation from their own insurance coverage instead of filing a lawsuit in court. In order to file a Kentucky lawsuit, you must have exceeded your personal injury protection (PIP) benefits from your motor vehicle policy which includes coverage to pay the first $10,000 of your medical bills and lost wages in the event you are in a car accident. These benefits are available to you even if an accident is your fault and have suffered a “serious injury.” This means that usually your right to sue someone for causing your injuries is already limited to those threshold instances set by the state. In order to sue in most motor vehicle cases, you must incur at least $1,000 in medical expenses or you must suffer a fractured bone, loss of a bodily function, disfigurement, loss of a body member, a permanent injury, or death.

What is an Insurance Risk Assessment?

Insurance companies use a methodology called risk assessment to calculate premium rates for policyholders. Using software that computes a predetermined algorithm, insurance underwriters gauge the risk that you may file a claim against your policy. The risk analysis is somewhat similar to the analysis undertaken by a bank when it offers a homeowner a mortgage. With auto insurance, an applicant is asked a variety of questions related to his or her vehicle, age, gender, the names of other drivers for the vehicle, and location in order to determine the premium to be charged.

Prior History and Lifestyle

An applicant’s prior history and lifestyle is critical no matter what kind of liability coverage he or she is applying for…

  • Frequent car accidents
  • Bad credit score
  • Drives lots of miles to work
  • Has had a DUI
  • Living in a high-crime area
  • Living in a densely populated city
  • Driving a high-performance vehicle

A higher premium will be charged for any of these conditions

The decision to sue after a car accident is not an act of hostility or opportunity. It is a legal means of getting compensation for the damage that the other person caused. You should never have to pay the price for someone else’s negligence. When you sue somebody that is insured for personal injuries, the insurance company has accounted for that possibility and charged him or her, as well as all of it other insured consumers, a premium that will allow it to pay for your losses. In order for you to understand your rights and responsibilities after an accident, it is important to consult with an attorney before you talk to the other driver’s insurance company or attorney.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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If I’m Injured in an Car Accident, What Should I Do Afterwards?…

Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involves personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries. If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. An accident can cause you to miss work or important events and you may have to deal with traffic citations, liability issues, vehicle repairs, and sometimes injuries or even the death of a loved one. If you are in a car accident in Kentucky, the first thing you should do is to follow safety precautions. The following is a list of thing you should do if you are in an automobile accident…

Protect the Scene

Turn on your hazard lights, set out flares or warning cones if you carry them. Call the police and give an accident report and get assistance for medical care as soon as possible. A police report can help with the insurance process.

Call 911

If there is an injury call 911. Move your vehicle only if its position puts you in danger or you are instructed to move it by a police officer. If the accident occurs on an interstate or on or off-ramp does not involve death, or injury, or hazardous material, Kentucky law requires that you move the vehicle off the roadway as soon as the vehicle can be moved without risk of further injury or damage.

Make An Accurate Record

When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess, or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. Be sure and exchange your name, address, phone number, and insurance policy information. If the driver’s name is not the same name listed on the insurance card find out what the relationship is and write down bath names, addresses, and phone numbers. Note the year, make and model for the car, and the location of the incident.

Do Not Apologize

After a car accident, you may want to express sympathy to the other drive. Be polite but do not apologize. an apology could to construed as an admission of fault in legal proceedings. Do not get into an argument with the other driver if the other driver tries to get into a fight stay calm the police will be there soon.

Take Pictures

If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you or the other party have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.

Protect Your Rights

In Kentucky, you cannot sue the other driver unless you have permanent or serious injuries such as disfigurement, organ damage, fractures, as well as at least $1000 in medical expenses. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries. The statute of limitations in Kentucky for injuries or death caused by car accidents is one year for some claims and two years from the date of the accident or from the date of the last payment of Personal Injury Protection (or no fault) benefits for many of the claims arising from the auto accident. It is important to consult with an attorney before you talk to the other driver’s insurance adjuster or attorney and before you give a written or verbal statement.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More