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Representation for injury victims is important to our team here at the Justice Law Office. If you’ve been injured, you deserve an advocate. If you’ve been hurt because of the negligence or misconduct of another party, you are entitled to a voice. We’re here to be that advocate and voice for you.
Steps to Take After an Accident
If you have been injured, there are some steps you should take immediately:
- Keep Notes: Document as much as possible after an accident. An injury case can take months to finalize, and the farther away from the event you get, the more difficult it becomes to recall key details.
- Look around for possible witnesses: Look for people nearby who may have seen what happened. After locating witnesses, ask them if they would be willing to make a brief statement about what they saw. Record with your phone or write down the statements and contact information for each witness. Ask for full names, address, and telephone numbers.
- Take photographs: We always recommend that our clients keep a journal and take photographs of any visible or tangible evidence immediately.
- See a Doctor: Not only is it important for your health, it could also be critical to the success of your claim. If you’re hurt the only way you can demonstrate that after the fact is if you had to seek medical attention. You may have pain after an accident, but if you don’t get medical treatment, it's hard to prove that you were hurt .
- Be consistent with your symptoms reporting: When filling out medical paperwork or speaking with your doctor or nurse, communicate your symptoms, including symptoms you’re having at that moment as well has symptoms you’ve had since the accident.
- Be descriptive of your symptoms: When sharing your symptoms to your Doctor let them know exactly what type of pain you’re experiencing. Be accurate about your medical history because if you have had medical treatment to your lower back before and injured it again in this new accident the Doctor needs to know to prescribe the best treatment for you.
- Continue physician-recommended treatment: Be sure to attend all your appointments and ensure that the doctors transcribed your complaints, and symptoms.
Communicate at all times with your attorney and don’t start discussions with the insurance company without an attorney to guide you.
Insurance companies prefer to settle injury claims as quickly and economically as possible and settling a claim fast is usually to avoid a lengthy litigation process. This insurance company tactic may not be in your best interest. The complex language of insurance policies and the hardball tactics used by some claims adjusters can leave you feeling frustrated and confused. Working with a personal injury attorney will ensure you get the results you deserve for this injury.
Have questions about your personal injury claim? Our Louisville injury lawyers are here to answer your questions:
Do I have to accept the settlement the insurance company offered me?
- Absolutely not. If your insurance company (or someone else's) has offered you a settlement for your injuries, you should not accept it without first consulting with your injury attorney to ensure that you are receiving maximum compensation for your injuries. You don't want to short-change yourself by accepting an amount that will not cover all of your expenses!
How long do I have to file a lawsuit for my injuries?
- Every state's laws are different, but Kentucky's statute of limitations (Kentucky Revised Statutes § 413.140(1)(a)) allows individuals to file a personal injury lawsuit up to 1 year after the date of their accident. This timeline is significantly shorter than other states', so it's important to act immediately to file your claim!
What happens if I miss the filing deadline for my lawsuit?
- If you fail to file your personal injury lawsuit within the specified time frame, you run the risk of the opposing party asking the court to dismiss your case.
Are there exceptions to Kentucky's statute of limitations?
- Yes. According to § 413.170 if the individual who was injured was under the age of 18 or has been declared legally incapacitated, a lawsuit may be filed up to 1 year after the individual turns 18 or is no longer considered incapacitated. In addition, § 413.190 states that if the defendant is no longer in the state or makes an effort to hide themselves then the clock is essentially "paused" until the defendant can be located.
When should I hire a lawyer to represent me in my injury lawsuit?
- While it's true that you don't always need to hire a lawyer to represent you in court, you will most likely want to hire a professional injury lawyer if you are looking for compensation for a severe or permanent injury, the wrongful death of a loved one, medical malpractice, or any complex cases where it's possible you will be denied a settlement or offered less than the amount you need to cover your medical expenses.
What kind of damages can I receive compensation for?
- A personal injury lawsuit may seek compensation for several different types of "damages" including the following: lost income, medical treatment, pain and suffering, loss of consortium and mental anguish. The types of damages you may recover will depend largely on the type of injury you sustained and the treatment you received. Contact our firm today to schedule a consultation to discuss your case!
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