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Jonathan Rosenfeld

March 6, 2024

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As a car accident victim, you have the right to seek compensation for your injuries. Under Kentucky law, there are five levels of injuries after a car accident, as dictated by the KABCO Injury Classification Scale.

Under this scale, fatal accidents occur when the victim dies within 30 days of the accident. Other injuries are classified as incapacitating, non-incapacitating, or possible (meaning no injury evident to the eye).

No matter what type of accident or injury you suffered, you are able to file a civil case against those responsible.

As Kentucky car accident lawyers, Rosenfeld Injury Lawyers have experience working with many clients in the aftermath of a car accident. Read on to find out more about all the ways we can help.

You Have Limited Time to File Car Accident Claims in Kentucky

You have one year from the date of your injury or loss to file a civil claim against the responsible parties. This is called the statute of limitations. It is the same if your case involves personal injury, wrongful death, or product liability.

This is a short period of time compared to the statute of limitations allowed in other states, and it goes quickly. For this reason, it is important to hire a Kentucky car accident lawyer as soon as possible to give them enough time to gather evidence and build a strong case.

Even if you aren’t sure if you want to proceed with a claim, it is still a good idea to consult with an experienced car accident lawyer after a motor vehicle accident to get more information.

Types of Cases Our Kentucky Car Accident Attorneys Handle

Our Kentucky personal injury lawyers have experience seeking fair compensation for all types of injury victims, as allowed under state law.

While every automobile accident case differs based on the severity of the injuries, where the accident occurred, and what happened, our legal team has experience representing a wide variety of clients after motor vehicle accidents.

Single Vehicle Accidents

Even if you are the only driver involved in your car crash, it is possible to seek compensation for your injuries. For example, we will look to see if there were other circumstances that contributed to your crash.

If the local government fails to put up appropriate warning signs for changes in traffic patterns or other hazards, it is possible to hold it responsible for its role in your car accident.

Wrong-Way Car Accidents

Wrong-way car accidents are unfortunately common as drivers become disoriented entering or exiting I-65, I-75, or I-24. This poses substantial risks for accident victims, as the combination of speed and force causes significant property damage and severe injuries.

Drunk Driving Accidents

Alcohol and drug-related crashes remain a serious problem in Kentucky, with alcohol use being a contributing factor in an average of 4,367 car accidents and 163 fatalities each year [1].

The severity of injuries and the extent of medical treatment needed after a drunk driving accident can be high. Our car accident attorneys have experience helping car accident victims and their families seek maximum compensation after drunk driving accidents.

Reckless Driving

Reckless driving refers to driving dangerously or without regard for the rules of the road. Commonly, this includes speeding, texting while driving, and distracted driving. If your accident occurs as the result of a negligent driver, your Kentucky car accident attorney will help you file a civil lawsuit against the party responsible.

Wrongful Death

In some cases, victims die as a result of the injuries they sustain in a car wreck, either at the accident scene or later in the hospital. Our Kentucky car accident attorneys work with families to recover compensation for funeral costs, outstanding medical expenses, loss of companionship, and more.

The Most Common Causes of Car Accidents in Kentucky

According to the Kentucky Transportation Center’s annual report, the most common causes of car accidents in Kentucky are [2]:

  • Alcohol- and drug-related crashes
  • Reckless driving
  • Speeding
  • Vehicle defects
  • Poorly maintained roads

Kentucky car accident causes

The Basis of Kentucky Car Accident Claims

To file a car accident claim in Kentucky, you generally have to show that another party was responsible for your losses or injuries and that they had a duty to act differently. Your ability to sue them lies in the fact that this breach of duty caused you damages.

This sounds very complicated, but it can be fairly straightforward in car accident cases.

For instance, all drivers have the responsibility to follow safe driving laws. By texting, drinking, or speeding, the other driver did not uphold their duty to follow these rules. This caused an accident that caused you damage. As a result, your case would meet the criteria needed to file a lawsuit against them in Kentucky.

It is important to note that you must have suffered some type of damage to be able to file a claim for your car accident. The potential for injury or damage is not enough to file a claim on its own.

Legal Liability for Kentucky Car Accidents

Many people are under the false assumption that the only party they can hold liable for their car accident case is the other driver and that driver’s insurance policy. However, there are other parties that can be held financially responsible for your auto accident, depending on the circumstances of your accident.

During your free consultation, your Kentucky car accident lawyer can give you more information about who can be held liable in your car accident claim. Some commonly liable parties are:

  • The driver who violated traffic laws or acted negligently, leading to the accident. They are often the primary party held liable for damages, injuries, or losses incurred.
  • Owners of the vehicle involved in the accident can also be held liable, especially if they allowed an unfit, unlicensed, or negligent driver to use their vehicle.
  • If the accident involved a commercial vehicle or the driver was performing job-related duties at the time, the employer could be held liable under the legal doctrine of “respondeat superior,” which holds employers responsible for their employees’ actions while on the job.
  • Vehicle manufacturers can be held liable if the accident was caused by a defect in the vehicle that should have been caught and corrected, such as faulty brakes or airbags.
  • If poor road conditions or inadequate signage contributed to the accident, the government agencies responsible for road maintenance might be held liable.
  • In cases where road work or construction contributed to the accident, third-party contractors or companies responsible for creating hazardous conditions could be held liable.

Proving Fault for a Car Wreck in Kentucky

Your car accident attorney will work hard to prove fault in your case. This starts by gathering evidence from the accident scene, including the police report from your accident and medical records. If available, your lawyer will secure video surveillance footage from businesses near where your accident took place and get testimony from witnesses or experts.

Kentucky is a choice no-fault state. This means that while most auto insurance plans are no-fault, it is possible to reject having no-fault insurance coverage in writing. Despite this, Kentucky still requires personal injury protection on all motor vehicles.

Financial Compensation We Can Secure for Kentucky Car Accident Victims

No legal team can make any credible guarantee of how much financial compensation you will receive for your personal injury claim. Rosenfeld Injury Lawyers will, however, work toward getting you maximum compensation for your serious injuries. We have helped dozens of other clients recover compensation.

We helped one client recover $2.5 million in an under-insured motorist settlement from a negligent driver after facing serious injuries, including facial injuries and vision loss. Our Kentucky truck accident attorneys helped another client secure $18.5 million after losing mobility in a semi-truck crash through mediation.

Factors Affecting Car Accident Settlement Amounts

There are various factors that impact settlement amounts for car accident clients. Generally, simpler cases resulting from a minor accident will recover less than cases with catastrophic injuries after a serious car accident. Similarly, wrongful death cases can settle for much higher amounts than other types of motor vehicle accidents.

In most cases, the more money you’ve lost in medical bills, property damage, lost wages, and other expenses, the more money you will be able to recover in a settlement. You can also expect higher settlement amounts for cases where there is stronger evidence and witnesses available.

If your auto accident claim involves a car insurance company or a business, it is also possible that you could see a higher settlement amount. Insurance companies and businesses almost always have more resources available to pay a claim than an individual. This can work in favor of a more substantial settlement for your car accident case.

The Most Common Car Accident Injuries

The most common car accident injuries in Kentucky include:

  • Traumatic brain injury
  • Back and neck injuries
  • Broken bones
  • Whiplash
  • Burns
  • Death

Kentucky car accident injuries

Damages Our Kentucky Car Accident Lawyers Can Help You Recover

From your own insurance company, the other driver’s insurance company, and other parties, our Kentucky car accident lawyers will work hard to recover damages related to your case. The damages that are available will depend on the exact circumstances of your car accident, the parties involved, and who is filing the claim.

In most cases, economic damages such as past and future medical bills are a substantial portion of the settlement amount. More substantial injuries require long-term or life-long medical treatment. Your car accident attorney will use established calculations to determine how much to request for your current and future medical bills so that your settlement will be able to cover it.

You may have also lost income while you recover or have potentially lost the ability to work in the future. These wages are frequently considered when filing personal injury claims after an automobile accident.

You could also receive compensation to repair or replace your vehicle. While your insurance company or the other driver’s insurance company may cover some of your expenses related to repairs, your KY car accident lawyer will work to ensure the complete cost of replacement or repair is covered.

Additionally, you may also receive non-economic damages related to other aspects of your case. If after your accident occurs you suffer from emotional trauma, disfigurement, disability, or the loss of enjoyment of life, car accident attorneys can request non-economic damages be added to your settlement.

If the police report shows the other party was especially reckless or dangerous in causing your accident, your KY personal injury lawyers may also request punitive damages for your claim. While this is not part of most settlements, punitive damages are meant to punish the driver or company for the reckless behavior in an attempt to dissuade them or others from engaging in this risky behavior again.

Car Accident Wrongful Death Claim

If your loved one dies as a result of a car accident, your Kentucky car accident lawyers will fight for compensation to cover funeral costs, medical expenses, property damage, and the loss of financial support and companionship. We can advocate on your loved one’s behalf to their insurance company and to other parties that are liable for what happened.

The Time It Takes to Settle a Car Crash Personal Injury Lawsuit

Most auto accident cases are settled between six months and a year. Every car accident case is different, and even similar cases may take different amounts of time to resolve. However, there are some factors that can influence how long cases take to settle.

Straightforward cases with lots of evidence and smaller requested settlement amounts may settle out of court faster than more complex cases involving more substantial settlements that make it to the court system. Your KY car accident lawyer can give you a better idea of what to expect based on past cases similar to yours.

Generally, hiring a lawyer can speed up the process of getting your settlement after a car accident. Insurance companies know that if you hire a car accident lawyer, you’re more serious about recovering compensation than people who don’t. This could cause them to negotiate and settle with you more quickly than if you tried to seek compensation on your own.

The Cost of Hiring a Kentucky Car Accident Attorney

The personal injury attorneys at Rosenfeld Injury Lawyers work on a contingency fee basis. We do not charge you anything for legal representation unless we help you receive a settlement or win your case. We then take a set percentage of the settlement as compensation for our services. At no point will you have to pay anything upfront or out of pocket for our services.

Filing a Car Accident Lawsuit With Rosenfeld Injury Lawyers

The aftermath of a car accident can be disorienting. Not only do you have to deal with filing a police report, reporting the accident to your insurance company, finding the right personal injury lawyers, and dealing with your damaged vehicle, but you also have to physically and mentally recover from your injuries. This is a lot for anyone to take on by themselves. Our team makes the process of filing an injury claim easier.

When you hire a car accident lawyer from Rosenfeld Injury Lawyers, we can help make this process a bit easier. First, you will meet with our team during a free consultation. You are not under any obligation to move forward with a legal case if you schedule a consultation. This is your opportunity to discuss what happened during your car accident and to see what legal options might be available to you.

If you decide to move forward, our team will start to investigate your case. This includes gathering evidence, such as the police report, video surveillance footage from nearby businesses, witness testimony, medical records, consulting with experts, and collecting information from the insurance companies involved, including your insurance company and any insurance companies involved with the other parties.

Next, your lawyer will negotiate your settlement with the insurance companies. In most cases, insurance companies will offer smaller settlements initially to try to pay out as little as possible for your claim. This means that there is room for negotiation when it comes to what your lawyer can negotiate and advocate for.

In the event that the insurance company doesn’t offer a fair settlement or if there are other parties in the case that will not reach an agreement through mediation, your lawyer is prepared to take the case to court.

Contact a Kentucky Car Accident Lawyer Today!

The Kentucky car accident lawyers at our law firm have extensive experience working on car accident cases. We are here to help victims and their families seek compensation. We have helped many other clients receive multimillion settlements after their own car accidents.

Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling our law firm toll-free at (888) 424-5757. We are here 24/7 to answer your call and to provide you with the legal support that you need.

Resources: [1] Kentucky Transportation Center, [2] Kentucky Transportation Center

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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