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Kentucky Distracted Driving Accident Attorney
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Distracted drivers pose a great risk to others on the road. If you suffered damages due to the actions of a distracted driver, you could be entitled to compensation from the liable party. In the case of a significant accident, recovering damages can be essential, both for your physical and financial health.
At McCoy & Hiestand, our team of Kentucky distracted driving lawyers has helped countless accident victims get the money they need and deserve after a collision. Contact us today by phone or through this website to learn more about how we can help with a free consultation. One of our Kentucky car accident lawyers will review your case and advise you of your options.
Kentucky is a No-Fault Insurance State
Kentucky uses no-fault insurance laws, meaning drivers must typically file a claim with their insurer after an accident for damages such as medical bills and wage loss.
Cases in which you can file a lawsuit include accidents that resulted in:
- $1,000 or more in medical costs
- Broken bones
- Permanent disfigurement
- Permanent injury
- Injury with medical bills in excess of $1,000.00
- Death
Pay Attention to the Kentucky Statute of Limitations When Filing a Lawsuit
If the details of your case permit you to file a lawsuit against the liable party, it is essential that you pay attention to the applicable statute of limitations. In Kentucky, accident victims are restricted to two years to file their distracted driving lawsuit. Missing this deadline could mean the loss of your right to damages.
However, the statute of limitations is not set in stone. Depending on the details of your case, you could still be eligible to file a lawsuit even if the usual deadline has long passed. Alternatively, the specifics of your situation could further restrict the time you have to file.
The best way to protect yourself against an unforeseen deadline is to hire an experienced Kentucky personal injury lawyer as soon as possible after your accident. Your attorney will identify the deadline that applies to your case and make sure all your paperwork is filed on time.
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Damages Available Following a Distracted Driving Accident
If you suffered a serious injury due to an accident caused by a distracted driver, you will likely be eligible to recover a wide range of damages from the at-fault driver. All the compensatory damages you can recover after a distracted driving accident can be sorted into two categories.
Economic Damages
Every loss you incur as a result of your distracted driving accident that directly impacts your finances belongs in the category of economic damages. The economic damages that are claimed most often in distracted driving cases include:
- Property damage
- Medical expenses
- Future medical bills
- Lost wages
- Diminished earning power
Non-Economic Damages
Every other loss resulting from your distracted driving accident is considered to be a form of non-economic damages. The non-economic damages that are claimed most often in distracted driving cases include:
- Permanent disability
- Scarring or other disfigurements
- Mental anguish
- Diminished quality of life
- Pain and suffering
- Loss of consortium
- Emotional distress
There is also a possibility that your case will be eligible for punitive damages. These damages are awarded at a higher rate in distracted driving accident cases than in most other cases. For punitive damages to be available in a distracted driving case, the liable party’s negligence must have reached the level of criminal negligence.
Distracted Driving Accident Cases Usually Settle Out of Court
Following a distracted driving accident, it is likely that your case will be resolved through an out-of-court settlement. Although you might be able to recover more money through a court ruling, it will likely be in your best interest to take the guaranteed money available in a settlement. Jury trials can be unpredictable, even if you seem to have an airtight case.
Additionally, settling your case will ensure that you recover compensation far more quickly than if you took your case to court. Furthermore, a settlement will likely be in the best interest of the defendant as well. Settling will mean they will pay less in legal fees and avoid any unwanted press coverage that may accompany a trial.
While your case is likely to settle out of court, that does not mean that you should not be prepared to go to trial. You may find yourself in a position where you and the other party are unable to come to terms on a settlement deal, and your case must be decided in court.
Use Caution When Speaking With an Insurance Company After a Distracted Driving Accident
You need to be careful when dealing with an insurance company after an accident. Insurers work hard to convince accident victims that they are on the same side to make it easier for them to take advantage of claimants. Insurance companies have several tricks they will use to attempt to deny or devalue a claim.
One common tactic used to attempt to minimize the amount these companies have to pay is to offer a settlement deal before accident victims even file a claim. While they will portray this as a helpful gesture meant to get you the money you need quickly, in reality, they are hoping you will take the deal before you speak with an attorney.
The amount offered in these deals is typically only a small fraction of the true value of your claim. By accepting the offer, you will be unable to pursue further compensation once you understand the full extent of your losses. The best way to protect yourself against insurers after a crash is to decline to speak with them until you have retained legal representation.
Schedule a Free Consultation With an Experienced Distracted Driving Attorney in Kentucky Today
The best thing you can do for your case is to hire an experienced lawyer. At McCoy & Hiestand, we have helped countless accident victims recover the money they need and deserve after a crash.
Reach out to us today by using our chat tool, completing our online contact form, or giving us a call and scheduling a free consultation with a member of our legal team.
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