Nobody is ever prepared for an injury suffered in a pedestrian accident. However, these accidents occur with a high frequency, and the resulting injuries can be catastrophic. The human body is a fragile thing and vulnerable to a variety of potential threats. If you were injured due to a deliberate act or negligence, you may be able to claim damages from the at-fault party.
At the law firm of McCoy & Hiestand, our team of pedestrian accident lawyers in Kentucky has helped countless victims recover fair compensation after an injury. Reach out to us today by phone or through the contact form on this website to schedule a free case review with a member of our legal team.
Determining Fault Following a Pedestrian Accident in Kentucky
If you are injured as a pedestrian by a person operating a motor vehicle, you can typically seek payment for your medical bills and up to $200 a week of lost wages, up to $10,000, regardless of fault, under Kentucky no-fault law. You can also pursue claims for injuries and damages against an at-fault driver. Injuries that allow you to sue the at-fault driver include:
- Broken bones
- Permanent disfigurement
- Permanent injury
- Any other injury that resulted in $1,000 or more in medical expenses
If you do qualify to file a lawsuit, you must determine who you need to file that lawsuit against. Even in cases where fault seems clear, proving liability is often challenging. Fortunately, you do not have to attempt to establish fault on your own. When you hire an experienced pedestrian accident attorney, they will investigate your case to determine liability.
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Statute of Limitations for Filing a Pedestrian Accident Lawsuit
If you plan to recover compensation through a pedestrian accident lawsuit, you need to know how much time you have to file the necessary paperwork. In Kentucky, motor vehicle pedestrian victims are typically permitted two years to file a lawsuit against the liable party. Failure to meet this deadline will likely mean the loss of your right to pursue compensation.
However, it is crucial to note that there are exceptions that can alter the standard statute of limitations deadline. The details of your case could make it possible to file a lawsuit long after the two-year mark has passed.
The best means of protecting yourself and your right to recover damages is by hiring an experienced Kentucky pedestrian accident lawyer. Your attorney will be able to identify if any exceptions alter the statute of limitations in your case and ensure that you meet all deadlines.
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The Insurance Company is Not on Your Side
When you are forced to deal with an insurance company after an accident, it is best to proceed with caution. Despite the fact that these companies are supposed to serve as a safeguard for people during challenging times, they care far more about protecting profits than protecting people.
Insurance adjusters will go to great lengths in their attempts to deny or devalue your claim. Unfortunately, accident victims often take these companies at their word, believing they are working as they should. This belief makes these injury victims vulnerable to the tricks these companies employ to minimize the amount of money they have to pay.
The best action you can take to protect your right to recover the full value of your claim is to refuse to speak to the insurance company until you have hired an attorney. When you hire experienced legal representation, you will be matching the expertise of the insurance adjuster and giving yourself a much better chance of collecting the money you need and deserve.
Damages You May Be Able to Claim After a Pedestrian Accident
Following a pedestrian accident that results in a serious injury, there are several types of damages you are likely going to be able to pursue. All the compensatory damages you can claim are divided between economic and non-economic damages.
Economic damages account for all of your losses that were financial in nature. The most commonly claimed economic damages following a pedestrian accident are:
- Lost income
- Diminished earning power
- Medical expenses
- Future medical bills
- Property damage
Non-economic damages are composed of all the other losses that were caused by your accident. The most commonly claimed non-economic damages following a pedestrian accident are:
- Permanent disability
- Scarring or other disfigurements
- Mental anguish
- Emotional distress
- Diminished quality of life
- Pain and suffering
- Loss of consortium
If your case involved criminal negligence or a deliberate action meant to cause harm, you may also be able to claim punitive damages. These damages are used as a means of punishment for the at-fault party.
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Pedestrian Accident Cases Typically Settle Out of Court
If you are pursuing compensation through a pedestrian accident lawsuit, you should realize that your case will probably never go to trial. In most situations, these types of lawsuits are settled out of court. This is because it is typically in the best interest of all parties involved to settle the case as quickly as possible.
By settling, both parties are able to put this trying period behind them quickly and move forward with their lives. By reaching a settlement deal, they can also avoid the unpredictability that comes with a courtroom trial.
Although it is likely that your case will end up settling out of court, you should still be prepared to go to trial. There is always the possibility that the other party will be unwilling to negotiate, necessitating a courtroom battle.
Speak With a Pedestrian Accident Attorney in Kentucky Today
To give yourself the best odds of recovering the full value of your claim, it is essential to hire an experienced pedestrian accident lawyer serving Kentucky. At McCoy & Hiestand, we have been helping accident victims recover the compensation they need for years.
Contact us by phone or through the contact form on this website to schedule a free consultation with a member of our team today.
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