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Rear-end collisions are often associated with minor fender-benders that don’t result in injuries. While these may be the most common types of rear-end accidents, there are still many exceptions involving severe injuries. If you suffered damages in a rear-end accident, you could be entitled to financial compensation from the liable party.
At McCoy & Hiestand, we have a long history of helping our clients recover the money they need and deserve after suffering damages. Our team of Kentucky rear-end accident lawyers will work tirelessly to ensure a favorable outcome for your case. Contact us today through our website or by giving us a call and schedule a free case evaluation with a car accident lawyer.
How Liability is Assessed in Rear-End Accidents
Before you can recover compensation from another party after an accident, you will need to determine who is liable for your damages. In rear-end accidents, the fault is typically assumed to be with the trailing vehicle unless evidence can be presented to the contrary. However, there are cases where the driver of the lead vehicle is to blame.
Furthermore, a variety of other parties may hold a level of responsibility for your accident. An experienced personal injury lawyer can review the details of your case and help determine who is at fault in your case.
It is important to note that Kentucky is a no-fault state, which means that in some cases, your only option for pursuing compensation will be through your own insurance provider. However, there are several exceptions that could allow you to file a lawsuit, including if your accident resulted in:
- $1,000 or more in medical expenses
- Broken bones
- Permanent disfigurement
- Permanent injury
- Death
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Be Sure to File Your Rear-End Accident Lawsuit on Time
When pursuing compensation through a lawsuit, you must pay attention to the applicable statute of limitations. Kentucky has one of the smallest filing windows, only allowing accident victims two years to submit the paperwork for their lawsuits against those liable for their damages. Missing this deadline will likely mean that you are unable to recover compensation.
However, exceptions to the statute of limitations exist that may permit you to file your lawsuit even if the standard two-year deadline has already passed.
You can help yourself avoid an unexpected deadline by hiring an experienced Kentucky rear-end accident attorney today. Your lawyer will determine the deadline that applies to your case and ensure that all the necessary paperwork is filed well in advance of the cutoff.
Available Damages in Rear-End Accident Cases
After a rear-end accident resulting in significant injuries, you will likely be able to pursue a wide array of damages from the liable party. All of the available compensatory damages can be split between two categories.
Economic Damages
Any losses you suffer because of your accident that have an impact on your financial situation are categorized as economic damages. The economic damages most often available in rear-end accident cases include:
- Medical expenses
- Future medical costs
- Property damage
- Lost wages
- Diminished earning power
Non-Economic Damages
All other losses caused by your rear-end accident are sorted into the expansive category of non-economic damage. The non-economic damages most often available in rear-end accident cases include:
- Pain and suffering
- Loss of consortium
- Permanent disability
- Mental anguish
- Lessened quality of life
- Emotional distress
- Scarring or other disfigurements
In certain cases, accident victims can also recover punitive damages. These damages, which are used to punish the liable party for their actions, are only available in cases where the at-fault party acted with the intention of causing harm or if they were criminally negligent.
Be Careful When Dealing With Insurance Companies Following a Rear-End Accident
After suffering damages in an accident, you need to use care when dealing with insurance companies. Insurers love to portray themselves as your friendly neighbors, ready to lend a helping hand when you need one. However, the truth is that this is simply a tactic to earn the trust of the public so that they can more easily manipulate people in their time of need.
Insurers will do everything they can to avoid paying out the full value of a claim. One of the tactics they often use is to offer a settlement payment before you even file a claim. While this may seem like a helpful gesture, in reality, they are offering only a fraction of the money your claim is worth. If you accept the deal, you will be unable to pursue further compensation.
The best way to protect yourself against this and other tricks the insurer will likely attempt is to hire an experienced Kentucky rear-end accident lawyer soon after your collision. An attorney will be able to protect you against the insurance company and give you the best chance of recovering the money you need and deserve.
Most Rear-End Accident Cases Settle Out of Court
The majority of rear-end truck accident cases are resolved through out-of-court settlements. While you might be able to recover more money through a court ruling, the risk is rarely worth the reward. In most cases, it is going to be in your best interest to take the guaranteed money. Additionally, a settlement will allow you to recover compensation far more quickly.
A settlement will also likely be in the best interest of the defendant. Not only will they be able to avoid the unpredictability of a jury trial, but they will also pay less in legal fees and not have to worry about any unwanted press that might accompany a trial.
Although it is probable that your case will be resolved through a settlement, that does not mean you don’t have to prepare to go to trial. There is always the possibility that you will be unable to come to terms on a settlement deal with the opposing party, necessitating a date in court.
Speak With an Experienced Kentucky Front-End Accident Lawyer Today
Hiring an experienced attorney is critical when pursuing compensation after an accident. At McCoy & Hiestand, our team of front-end accident lawyers in Kentucky has a long history of helping our clients get the money they need from those responsible for their damages.
Contact us today by phone or through this website to schedule a free case review with a member of our legal team.
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