Without the help of a personal injury attorney, you might feel overwhelmed by your negligence claim. A personal injury claim typically requires filing a claim with the insurance company, presenting supporting evidence, negotiation, and sometimes a lawsuit. At Farmer & Wright, PLLC, we will work with you to get the compensation you deserve — and give you peace of mind while you recover from your injuries.
What Is a Personal Injury Claim?
If you were injured due to someone’s negligence, you may have a personal injury claim. There are many types of personal injury claims, including the following:
- Car, truck, and motorcycle accidents: Drivers, passengers, and pedestrians might have claims if they sustain injuries during a collision.
- Premises liability: Property owners are liable for injuries caused by hazardous conditions on their property (such as injuries from a slip and fall).
- Product liability: Manufacturers and retailers must compensate people who are injured by a defective or dangerous product.
- Workers’ Compensation and Jones Act claims: If you are injured at work, you are eligible for valuable benefits (including compensation for your wage loss and coverage of your medical bills).
Importantly, not all personal injury claims involve a lawsuit. Typically, you must first file a claim with the correct insurance companies. If you are involved in a car accident, this typically means you must contact both your auto insurer and the other driver’s insurance company. (Because Kentucky is a no-fault state, your personal auto insurance must cover certain losses — such as wage loss and medical treatment.)
While many insurance claims are initially approved, it’s important to remember that insurance companies are for-profit businesses. They do not view you as a person — instead, you are simply an expense. If the insurance company denies your claim (or cuts off your benefits), you should consider hiring a personal injury attorney. Your attorney will negotiate with the insurance company and will file a lawsuit if necessary.
What Should I Do if I Suffer Injuries During an Accident?
If you are in an accident, it’s important to preserve your evidence. Once you are out of danger, you should:
- Immediately contact law enforcement and cooperate with their investigation,
- Seek necessary medical attention (and follow your doctor’s orders),
- Take photos of the accident scene and your injuries,
- Exchange contact and insurance information with the other party involved (such as a negligent driver or the property owner),
- Get witnesses’ names as well as contact information,
- File a claim with the correct insurance company,
- Collect information that supports your claim (such as medical bills and records and proof of your lost wages),
- Give your doctors and the insurance company accurate information about your accident, your symptoms, and your ability to do daily activities, and
- Educate yourself about both your rights and responsibilities by speaking with a personal injury attorney.
Proving a Personal Injury Claim
A successful personal injury claim has evidence showing:
- The other party was negligent,
- This negligence caused your injuries, and
- You have damages (such as wage loss, pain and suffering, and medical bills).
While your statements are very important in a personal injury claim, you must also have other evidence. The insurance company will need information from your employer, police reports, and corroborating witnesses. Moreover, medical records and opinions are incredibly valuable evidence — make sure you treat consistently with your doctors and follow their recommendations. When you work with a personal injury attorney, your lawyer will help you compile and present all of this evidence.
Filing a Personal Injury Lawsuit
Sometimes, the insurance company refuses to pay your claim — even after intense negotiation. In these cases, you must file a personal injury lawsuit. Kentucky personal injury claims involve strict filing deadlines. If you do not file a lawsuit within these deadlines, you will not get compensation for your injuries. To file a lawsuit, you must file a series of forms (including a complaint) with the court and serve these documents on the other party. Once your complaint is properly served, the negligent party must respond to your lawsuit. Next, your personal injury attorney will litigate your claim. This involves compiling, exchanging, and reviewing evidence, negotiation, and a series of court hearings.
How Much Is My Personal Injury Claim Worth?
You can’t use a simple online calculator to estimate your personal injury claim’s worth. Instead, its value is based on a complicated analysis of the severity of your injuries, your ability to recover, your financial losses, and your pain and suffering. You also must fully understand the strength of your claim and the other party’s potential defenses. Without the guidance of an experienced personal injury attorney, you might undervalue your claim and lose valuable compensation.
Consult With a Personal Injury Attorney
If you have questions about your legal rights, contact a personal injury attorney immediately. At Farmer & Wright, PLLC, we pride ourselves on personalized attention and fierce legal advocacy. We look forward to meeting you — contact us for a free consultation today.
Having an experienced Kentucky personal injury attorney by your side will help to relieve your anxiety and allow you to give your best testimony. At Farmer & Wright, PLLC, we help individuals who are suffering from financial, emotional and physical stress. Please remember that injury claims are subject to statutes of limitation and other important deadlines. Keep track of all case-related documents and important information. Let the insurance company know you take your rights seriously.