After being seriously injured in a car accident, the last thing you want is to have to deal with a difficult litigation process. But with the right Kentucky injury attorney by your side, you can recuperate while we fight for the compensation you deserve.
At Wilt and Thompson, PLLC, we are committed to helping car accident survivors like you overcome the odds and get through some of the worst times of their lives. Continue reading to learn more about some of the Kentucky car accident laws that could impact your case.
The statute of limitations sets the amount of time an injury victim has to get their claim filed in the civil court system. It is critical that your claim be filed before the statute of limitations expires.
For Kentucky personal injury claims, you have only one year to get your lawsuit filed. It can be difficult to determine when the statute of limitations began for your case without legal help.
But you have to find out. Because failure to file before this essential deadline will result in the dismissal of your claim. Your Kentucky personal injury lawyer at Wilt and Thompson, PLLC, can help you figure out how much longer you have to file your lawsuit.
Sharing fault doesn’t prevent you from collecting an injury settlement in Kentucky. In fact, under the state’s pure comparative negligence doctrine, you are entitled to compensation when someone else is at fault for your injuries, no matter how much fault you yourself carry.
Some states don’t allow this. North Carolina, for example, follows a pure contributory fault system. This prohibits accident victims who share fault from obtaining injury settlements for their suffering.
Others follow a modified comparative fault system in which you can collect compensation as long as your portion of fault doesn’t exceed the state's threshold. This is usually somewhere between forty-nine percent and fifty-one percent.
In Kentucky, once your portion of fault has been determined, that amount will be reduced from your award. Let’s look at an example:
Liam was crossing the intersection when he was suddenly t-boned by another car. Liam sued the driver who hit him. But Liam was driving ten miles per hour over the speed limit when he was hit. For this reason, the judge found him to be twenty percent at fault for his injuries. The jury awarded Liam $500,000 for his injuries. But his award was reduced by twenty percent. Liam walked away with a final injury settlement of $400,000.
If you have concerns shared fault could affect your injury settlement, call a personal injury lawyer in Kentucky today to find out.
When you’ve suffered debilitating injuries in an accident and aren’t sure where to turn for help, contact an experienced Kentucky car accident lawyer at Wilt and Thompson, PLLC. You can claim your free, no-obligation claim evaluation when you visit our website or call our office at 502-253-9110.
