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While a personal injury case can include subject matter like medical malpractice and slip and falls, the most prevalent form of personal injury revolves around motor vehicle accidents. With millions of registered drivers in Kentucky, it should come as no surprise that car accidents can cause a lot of damage to thousands of people and their families each year.
Many Kentucky citizens suffering from car accident injuries are probably wondering what their next steps should be and are worried about making ends meet. A Springfield car accident attorney is more than capable of answering a person’s questions and can help direct them towards a path that will generate a healthy financial settlement.
If a person has an injury because of a car accident, they should retain the services of a personal injury lawyer in Springfield who can look at the circumstances of their case and formulate a strategy that will result in a favorable outcome.
Car Accident Claims
When deciding what to do first, those who have been involved in a car accident and have purchased car insurance in Kentucky need to understand that the state operates under a “choice no-fault” insurance system. This means that the driver in a car accident must first turn to their own car insurance coverage when making a claim for damages. Even if that person was not at fault for the accident, they still must contact their own insurance company before they do anything else.
It is also crucial for a person to understand that they cannot file a personal injury lawsuit or liability claim against the other driver unless the value of medical expenses or the seriousness of the injury meets a certain threshold. Kentucky drivers should also know that they can opt out of the “choice no-fault” system and switch to a traditional tort-based coverage. This will give them the chance to file a claim in court and receive damages based on a “pure comparative negligence” system.
Comparative Negligence
A pure comparative negligence system basically means that a person can receive compensation from any at-fault party after a car accident, regardless of the percentage of fault that they themselves are responsible for the accident.
It is wise for a person to recognize that Kentucky’s comparative negligence system applies to negotiations with insurance companies as well. When evaluating a person’s claim, the insurance company will typically think about what would happen if that case were to proceed to court.
This can be dangerous, because there is no straightforward way to apportion fault, and a person should have a skilled car accident attorney in Springfield by their side who can negotiate in a way that places more of the blame on the other drivers involved.
Working with an Accident Attorney
Because of the large number of car accidents that occur daily, many people will assume that they are better off handling the situation on their own. While making assumptions can be a necessary part of life, the law is extremely concrete and can punish a person who chooses to go it alone and decides against seeking legal counsel.
If you have been in a car accident and have suffered an injury, it is important that you contact a Springfield car accident lawyer who can provide you with the necessary legal information and will make sure that you are protected against any insurance company or opposing attorney that is looking to get in the way of you receiving a reasonable financial settlement. At McCoy & Hiestand, PLC, we are ready to help.
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