Car & Vehicle Accidents
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If you’ve been injured in a car or other vehicle accident, it is important to retain an attorney as soon as possible to represent your interests against defendants and their insurance companies (who often are responsible for paying claims) and their lawyers.
What You Should Know About Car and Vehicle Accident Injury Claims
If the driver legal causing your injury is insured, their insurance company will likely have substantial influence in resolving claims. Their insurance company does not have to be fair to you; in fact, their insurance company’s allegiance is solely to the other driver causing your injuries.
Automobile insurance companies make money by paying out as little as possible. As a result, they often engage in tactics to avoid payment, including:
- denying liability,
- blaming the injured,
- attempting to minimize the extent of the physical injuries that have occurred,
- attempting to minimize the property damage that has occurred, and
- blaming the injury on preexisting medical problems.
- using a host of other legal defenses that may be available.
As an example, even if it appears clear that the other driver was liable, defendants and their insurance companies may seek to blame others for the accident, including you or the driver of your vehicle, and third parties such as municipalities responsible for roadway conditions.
Automobile Insurance Companies Rarely Offer to Pay Fair Compensation at the Outset of a Claim
Instead, they are much more likely to work to prolong a case as long as possible. They know that often those injured may be in a desperate financial position, and that when they prolong cases, the victims will be more likely to accept a lower settlement in order to pay their bills.
This is wrong.
How We Help Victims of Automobile Collisions Get Full and Fair Compensation For Their Injuries
Our goal is not to get clients a quick settlement at a hugely discounted amount; it is to receive full and fair compensation for all damages that have occurred.
Getting full and fair compensation requires painstaking work. During the pretrial stages, we are meticulous in seeking to prove each and every aspect of our client’s damages, including proving how the other driver is at fault, and showing why the claims that may be made by defendants and their insurance companies are not likely to be believed by jurors.
In proving cases, we often want to visit accident scenes and, in some cases, secure accident vehicles so that they can be closely inspected. Additionally, other experts are often utilized, such as accident reconstructionists and medical professionals (who can verify injuries and offer an opinion as to how long a course of medical treatment is likely to last).
Can I Bring a Lawsuit if I’m Partially at Fault?
The Answer is Yes.
Under both Kentucky and Indiana law, you may be able to recover compensation even if a jury determines that you are partially at fault. Kentucky recognizes what is called “pure” comparative negligence. So, in Kentucky, if a jury finds that you are 20% at fault, the total damages assessed would be reduced by 20% for your share of the damages. Indiana follows a similar result; however, in Indiana, if you are determined to be more than 50% at fault, you will not be allowed any recovery against the defendant(s).
In Personal Injury Settlements and Trials, You Will Only Have One Opportunity to Get Full and Fair Compensation
In a personal injury settlement and at trial, there is only one opportunity to get full and fair compensation. There is generally no opportunity for a second settlement or trial if the injuries are much worse than originally thought.
It is Important to Ensure That One Has Reached One’s Maximum Level of Medical Improvement
Before entering into a settlement agreement in an injury case, it is critical to ensure that injuries have stabilized; or not likely to get worse. In some cases, if defendants and insurance companies realize that an injury is likely to get worse (or be more severe than originally thought), they may offer a settlement that is somewhat above “nuisance” value (but still substantially below the true value of the case). In these instances, they want to get a quick settlement before an injury victim realizes that the injury is actually much more severe than originally anticipated.
We Work with Physicians and Medical Providers to Understand the Full Extent of Our Clients Injuries
As Kentucky personal injury lawyers, it is our role to work with physicians and other healthcare providers to understand the long-term consequences of client injuries. We will not want a client to enter into a settlement while the long-term extent of injuries are not known. Similarly, at trial, we will want to fully document the injuries of our clients – including future suffering, surgeries, medical care, and other damages that are likely to be endured – so that a claim for such aspects can be sought from the jury.
Let's Discuss Your Case ... Call Attorney Bixler Howland
We offer a free consultation, and as we accept injury cases on a contingency fee basis, there is no fee for us unless and until we are successful in recovering compensation for you.
