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Motor Vehicle Accident FAQ
What is the Statute of Limitations for a Kentucky car, truck or motorcycle claim?
The Statute of Limitations for a Kentucky motor vehicle accident is two (2) years from the date of accident, or two (2) years from the last PIP payment (but not to exceed four (4) years from the date of accident). Deadline for making a UM or UIM claim might be shorter, based on the policy language. Spousal loss of consortium claims must be filed with one (1) year of the date of accident. There might be other factors (i.e. disability, under 18 years old, concealment) that might affect the deadline to file suit. Failure to file suit in time will forever bar your right to recover for your injuries.
Do I automatically have the right to sue the person who caused the accident?
No. In Kentucky, there is a “threshold” that must first be met. Generally, you must have at least $1,000 in accident related medical expenses, a fracture or a permanent injury.
Who pays for my medical treatment?
In Kentucky, usually the automobile coverage on the vehicle you were occupying when injured. This is usually your own auto insurance, if you were driving your own car. No fault benefits (also called PIP) cover the up to $10,000.00 of your accident related medical expenses.
What is my case worth?
Determining the fair settlement value of your personal injury claim is a complicated task, and involves careful review of your injuries and medical treatment, as well as consideration of your medical expenses, lost wages and other damages. Permanent injuries that affect your ability to work, or which cause significant pain, increase the value of your case. Conversely, previous injuries to the same body part, tend to lower the value of your case.
There are a number of other factors that must be considered. For example, a drunk driver might be subject to a claim for punitive damages. We sue drunk drivers and, when appropriate, the bars that served them.
Only a qualified, experienced personal injury attorney can accurately determine the fair settlement of your case. If you would like a free initial consultation, contact Will Driscoll at (502) 587-5052 or toll free at 1-877-587-5052. Driscoll & Associates moving to Brownsboro Office Park
March 5, 2010: New location at I-264 and Brownsboro Road easier for clients to access. Read Full Article...
Pikeville lawyer fails to revive lawsuit, case dismissed
January 2, 2010: Kentucky Court of Appeals affirms dismissal of car accident case that lawyer mishandled. Read Full Article...
Driscoll interviewed by WHAS11-TV
December 11, 2009: Local day care subject of news investigation. Read Full Article...
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Legal News
Pikeville lawyer fails to revive lawsuit, case dismissed
January 2, 2010: Kentucky Court of Appeals affirms dismissal of car accident case that lawyer mishandled.
Read Full Article... Dishonest lawyer nailed with $3.2 million judgment and disbarment
Nov. 3, 2009: Judge finds attorney Bruce Atherton's conduct to be "nothing less than reprehensible."
Read Full Article... |
