Car Accidents

Kentucky Tort Statute of Limitations for Minors and Incapacitated Persons

The Kentucky Tort Statute of Limitations sets the deadline for filing a lawsuit. This legal concept ensures that cases are brought within a reasonable time frame. It prevents the indefinite threat of litigation and allows courts to adjudicate disputes while evidence and memories are still fresh. In Kentucky and other jurisdictions, special rules apply to minors and incapacitated persons to protect their rights, given their unique circumstances. This blog explores the Kentucky tort statute of limitations, focusing on how it applies to minors and incapacitated persons.

General Tort Statute of Limitations in Kentucky

Under Kentucky law, the general statute of limitations for most tort actions, including personal injury and property damage claims, is one year from the date the cause of action accrues. This means that an injured party typically has one year from the date of the injury to file a lawsuit. However, certain exceptions and extensions can alter this timeline, particularly for minors and incapacitated persons.

Tolling the Statute of Limitations for Minors

Kentucky law provides specific protections for minors, recognizing that they may not be able to act in their own legal interests. For individuals under the age of 18, the statute of limitations is tolled, or paused, until they reach the age of majority. Kentucky law says, “an action may be brought within the same number of years after the removal of the disability or death of the person, whichever happens first, allowed to a person without the disability to bring the action after the right accrued.” This means that the clock on the statute of limitations does not start running until the minor turns 18. From that point, they generally have one year to file a lawsuit for personal injury.

For example, if a child is injured in an accident at the age of 12, they would have until their 19th birthday (18 years old plus one year) to file a personal injury lawsuit. This tolling provision ensures that minors have the opportunity to seek legal redress once legally able to do so.

Tolling the Statute of Limitations for Incapacitated Persons

Similar to minors, incapacitated persons in Kentucky also receive special consideration under the statute of limitations. An incapacitated person is someone legally recognized as unable to manage their affairs due to a mental or physical condition. Kentucky law tolls the statute of limitations for individuals who are legally declared incapacitated. This means the clock does not start running until the incapacity is lifted or they die.

If an individual becomes incapacitated after the cause of action accrues, the statute of limitations is paused during the incapacity period. Once the individual is no longer considered incapacitated, they have the standard period (typically one year) to file a lawsuit.

For instance, if a person suffers a severe injury and is declared incapacitated at the age of 25, the statute of limitations would be tolled during their period of incapacity. If they regain capacity at age 30, they would then have one year from that point to file a lawsuit.

Practical Implications and Considerations

While the tolling provisions for minors and incapacitated persons provide significant protections, they also introduce complexities in the legal process. Knowledgeable personal injury lawyers representing these individuals must be vigilant in tracking timelines. This ensures claims are filed within the appropriate periods.

For minors, it is important to remember that the tolling period ends on their 18th birthday. Parents or guardians must be aware of this deadline and take action, if necessary, to protect the minor’s legal rights. In cases involving severe injuries or long-term consequences, it may be beneficial to consult with one of our skillful personal injury attorneys well before the minor reaches the age of majority to ensure all legal options are considered.

For incapacitated persons, obtaining a formal legal declaration of incapacity is crucial for tolling the statute of limitations. Without such a declaration, the standard time limits may apply, potentially barring a claim. Legal representatives, such as guardians or conservators, should seek this declaration promptly. This can protect the incapacitated person’s right to pursue a claim.

Commitment to Protecting Rights

The Kentucky tort statute of limitations for minors and incapacitated persons reflects the state’s commitment to protecting vulnerable individuals’ rights. By tolling the statute of limitations until minors reach the age of majority or incapacitated persons regain capacity, Kentucky law ensures that these individuals have a fair opportunity to seek legal redress.

Understanding these tolling provisions is crucial for accident victims, their families, and legal practitioners. Awareness of the specific rules and deadlines can prevent the forfeiture of legal rights. It also ensures that claims are filed in a timely manner. While the tolling provisions provide significant protections, they also introduce complexities that require careful attention and legal expertise.

Overall, the tolling of the statute of limitations for minors and incapacitated persons is a vital in Kentucky’s legal framework. It ensures that vulnerable individuals have access to justice and the opportunity to seek compensation for their injuries.

At Stein Whatley Astorino, PLLC, our team of personal injury lawyers will assist you with questions about the statute of limitations in your matter.

If you were injured in an accident or are a family member of someone wrongfully killed by someone else’s actions, call us today. We will fight to defend your legal rights so that you get the full and fair settlement you deserve. Call 502.553.4750 for a free initial consultation.

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Kaitlin Coons Astorino Named “Best Personal Injury Lawyer Louisville, KY 2024” by Forbes.com

Stein Whatley Astorino, PLLC is proud to announce that Kaitlin Coons Astorino, a distinguished personal injury attorney specializing in auto and truck accidents, has been recognized as the “Best Personal Injury Lawyer Louisville, KY 2024” by Forbes.com. This prestigious accolade underscores Ms. Astorino’s unwavering commitment to excellence in her field and her relentless advocacy for her car accident clients and truck accident clients.

Kaitlin Coons Astorino’s selection for this esteemed title is a testament to her exceptional legal prowess and her track record of securing substantial verdicts for her truck accident clients.

With a focus on auto accidents and truck accidents, Ms. Astorino’s expertise is unparalleled. Her membership in the Academy of Truck Accident Attorneys further highlights her dedication to mastering the intricacies of this complex area of truck accident law, ensuring that her clients receive the highest level of representation and advocacy. Notably, Ms. Astorino’s legal acumen extends beyond her successful courtroom victories. As a member of the Kentucky Justice Association, she remains at the forefront of legal advocacy, continuously striving to advance the rights of those seriously injured due to negligence and wrongdoing.

Commenting on her recognition as the “Best Personal Injury Lawyer Louisville, KY 2024,” Kaitlin Astorino expressed her gratitude, stating, “It is an honor to be acknowledged by Forbes.com for my dedication to serving the needs of my clients. I am deeply committed to fighting tirelessly on their behalf and ensuring that they receive the justice and compensation they deserve.”

For more information about Kaitlin Astorino, please read her bio. You can contact Ms. Astorino at 502.553.4750 if you need a qualified truck accident lawyer to protect your legal rights. The initial consultation is free.

Kentucky Governor Signed New Law Protecting Consumers and Car Accident Victims From Their Insurers

Background on Underinsured Motorist Coverage

Underinsured motorist (UIM) coverage as codified in KRS 304.39-320 is a crucial component of auto insurance that safeguards car accident victims and truck accident victims when they find themselves in an unfortunate situation whereby the at-fault driver’s liability insurance is insufficient to cover the full extent of their damages.

Here’s how it works: When you’re involved in a car accident or truck accident caused by another driver, their liability insurance is typically responsible for compensating you for your injuries and property damage. However, there are cases where the at-fault driver’s bodily insurance limits are inadequate to cover the victim’s losses. This is where underinsured motorist coverage steps in.

If you have underinsured motorist coverage, your own insurance company will pay the difference between the at-fault driver’s liability coverage and the actual cost of your damages up to the limits specified in your policy. Your UIM coverage acts as a safety net, ensuring you don’t bear the financial burden when the other driver’s insurance falls short. You, as the consumer, are paying for this safety net with your monthly premiums.

The Problem

The statute mentioned above was poorly written when it came to a section on credits or offsets due to insurance companies. Although a reasonable person understood what the language meant, big insurance companies and their defense lawyers grabbed onto the vagary to muddy the waters and cheat consumers out of a portion of the benefits that they paid for in premiums.

For years, some insurance companies and defense attorneys have taken the position in the scenario where there are multiple claimants (injured parties) but inadequate liability insurance for the at-fault driver, resulting in each plaintiff (injured party) receiving less than the per person limit, even though the injured party was unable to collect the per person limit for their individual claim, their underinsured motorist carrier was entitled to a credit for the full per person limit when determining if the injured party has a UIM claim and, if so, the value of the claim.

For example, the tortfeasor (the person responsible for the accident) had liability limits of $50,000 per person. However, you received only $10,000 because there were multiple claimants who also received similar amounts. In this situation, your underinsured motorist (UIM) carrier might take the position that they receive a $50,000 credit before owing any money to you for the UIM claim.

The Fix

The fine people at the Kentucky Justice Association have been fighting for consumers and injury victims over the last year to put an end to this underhanded practice. In the most recent legislative session, an amendment was passed in Senate Bill 29 (SB29) to eliminate this practice by the Kentucky legislature on March 27, 2024. The bill was sent to the governor on that same day. Governor Andy Beshear signed the bill into law on April 2, 2024. The new law is effective immediately. (View specific language of SB29).

The amendment now clarifies what all reasonable people already believed. In UIM claims, the underinsured motorist carrier only gets credit for what was actually paid to the injured party. Consumers can now rely on getting the benefits they paid for.

Questions About Underinsured Motorist (UIM) Coverage?

Call Stein Whatley Astorino, PLLC, at 502.553.4750 if you were injured in a car accident or truck accident and have questions about underinsured motorist coverage. One of their car accident lawyers or truck accident lawyers is happy to discuss your situation. The initial consultation is free.

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What Does a Car Accident Lawyer Do?

Car accidents are unfortunate events that can disrupt the lives of those involved. They cause physical injuries, emotional trauma, and financial strain. In the aftermath of a serious car crash, injury victims may be overwhelmed by medical bills, vehicle repairs, and insurance claims. This is where an experienced car accident lawyer becomes a crucial ally.

Legal professionals play a pivotal role in helping injured victims navigate the complex legal landscape associated with car accidents. In this blog, we will explore the essential duties and responsibilities of car accident lawyers.

What to Expect During a Consultation with a Lawyer

The journey begins with an initial consultation. The initial consultations are free at Stein Whatley Astorino, PLLC.

When an injured person seeks the services of our reliable car accident lawyers, the first step is to discuss the details of the car accident. During this meeting, our thorough car wreck lawyer will gather information about the car accident, including the circumstances leading to it, the parties involved, and any other evidence relevant to the personal injury claim. This allows our auto accident attorney to assess the case’s viability and determine potential legal avenues to pursue.

Based on the information gathered, our car accident lawyers will provide legal advice tailored to the specific circumstances of your case. They will explain the client’s rights, potential courses of action, and client expectations during the car accident claim process. Additionally, our car wreck attorneys will develop a strategic plan to pursue the most favorable outcome.

Does a Car Accident Lawyer always File a suit?

Most car accident cases are settled without having to file suit. However, Stein Whatley Astorino, PLLC, approaches and prepares each case as if they will try the case in front of a judge or jury.

Our aggressive auto accident lawyers conduct thorough investigations to build a strong case. This involves gathering evidence such as accident reports, witness statements, photographs, and available surveillance footage. We gather this information as soon as possible after a car accident victim retains us. Time is of the essence. Evidence is often lost, and memories fade as time passes after the car crash.

How Soon After A Car Accident Should I Hire a Lawyer?

Hiring our knowledgeable lawyers immediately after a car accident gives us the best chance of securing some of the evidence that may prove your case. In some serious bodily injury cases, we often collaborate with accident reconstruction experts to recreate the scene and establish liability. Our meticulous approach at Stein Whatley Astorino, PLLC, ensures that our trusted car accident lawyers have a comprehensive understanding of your case. It also bolsters our ability to negotiate or litigate effectively.

Negotiators for a fair settlement

Dealing with insurance companies can be a complex and often frustrating process. Car accident lawyers act as intermediaries between their clients and insurance companies, handling the negotiation of settlements. Our experienced car accident attorneys know how to navigate the intricacies of auto insurance policies, assess the extent of damages, and advocate for full and fair compensation. This includes compensation for past medical expenses, future medical expenses, property damage, lost wages, disability, disfigurement, and pain and suffering.

A significant part of a serious car accident lawyer’s role involves negotiating with the other parties involved and their insurance companies or their legal representatives. The goal is to reach a full and fair settlement without going through the time-consuming and expensive trial process. Our attornies leverage their knowledge of personal injury law, insurance practices, and negotiation techniques to secure the best possible outcome for their clients.

A fair settlement cannot be reached in some circumstances. If an insurance company refuses to deal with our client’s claim fairly and in good faith, our lawyers may advise you to proceed with litigation and potential trial.

Putting Legal Expertise to work for you in the Courtroom

When negotiations fail and a lawsuit becomes necessary, our car accident lawyers will aggressively represent you in court. Our trial lawyers file the necessary legal documents, adhere to court procedures, and present the case before a judge and jury if needed. This includes presenting evidence, cross-examining witnesses, and making legal arguments. The attornies at Stein Whatley Astorino, PLLC, combine legal expertise with courtroom experience to advocate for our clients.

Our car accident lawyers dedicate themselves to securing the maximum compensation for our clients. This encompasses not only tangible economic damages but also non-economic damages such as pain and suffering. Through effective legal strategies and persuasive advocacy, we strive to ensure that our clients receive fair and just compensation for the losses they have endured due to the motor vehicle accident.

At Stein Whatley Astorino, PLLC, our attorneys continue to provide support even after obtaining a settlement or judgment. This includes:

coordinating with medical providers to ensure that outstanding bills receive payment
assisting with any remaining paperwork
advising on the proper allocation of settlement funds.

Our primary goal is to assist customers in progressing with their lives following a car crash.

Support from start to Finish

After a car wreck, the guidance and expertise of a car wreck lawyer can make a significant difference in the outcome of a case. From the initial consultation to courtroom representation, these legal professionals play a crucial role in advocating for the rights and interests of those who have suffered due to the negligence of others. Our diligent lawyers will help you navigate the legal maze and pursue the most favorable resolutions. They will provide valuable support during a challenging time so our clients can start to rebuild their lives.

Consult with expert car accident lawyers at Stein Whatley Astorino, PLLC, if you’re a victim of a car accident. Matt Stein, John Whatley, and Rob Astorino will fight to defend your rights to get the full and fair settlement you are entitled to.

Call us at 502.553.4750 for a free consultation.

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Man checking car for damage in a no fault state

Who Pays for Car Damage in a No-Fault State?

Car accidents in Kentucky are undoubtedly stressful, accompanied by many uncertainties and questions. In the Commonwealth of Kentucky, the concept of no-fault insurance adds another layer of complexity to a car accident. A pressing question often arises: Who is responsible for car damage in a no-fault state like Kentucky? In this blog post, we will discuss:

the intricacies of no-fault insurance
factors influencing responsibility for car damage
insights into the aftermath of an accident

How No-Fault auto Insurance works

It’s crucial to understand the basics of no-fault insurance to understand who covers the costs for car damage in a no-fault state like Kentucky. Our experienced car accident attorneys at Stein Whatley Astorino, PLLC, know the intricacies of Kentucky’s no-fault insurance system in detail. In Kentucky, each driver involved in a car accident turns to their own insurance company to cover their medical expenses and certain other costs up to the limits of the policy, regardless of who caused the car accident.

The “no-fault system” was enacted in Kentucky in 1975 by passing the Motor Vehicle Reparations Act (KRS 304.39). This system aims to expedite the claims process for payment of medical bills incurred by those who suffered serious personal injury and alleviate the burden on the legal system.

As a function of the many millions of vehicles on Kentucky’s roadways and the thousands of car accidents that result from the use of our roadways, there was a need to provide for payment of medical bills for seriously injured car accident victims without having to go through the slow and often time delayed establishment of fault.

Who is responsible for bodily injury in a car accident?

The process of establishing fault can take weeks, months, and, in some extreme circumstances, years. However, seriously injured car accident victims need access to medical care immediately following the car accident. Kentucky’s and similar states’ no-fault system was established to fix this problem. These no-fault benefits are a requirement to be a part of every car insurance policy sold in Kentucky. Kentucky is known as a “no-fault state” because of these mandatory benefits.

It’s important to note that no-fault insurance primarily applies to personal injury claims, not property damage. Property damage claims in Kentucky cases still follow the traditional fault-based system.

Personal injury claims are handled through each driver’s personal injury protection (PIP) coverage. However, in no-fault states like Kentucky, property damage liability is determined based on fault. Property damage liability coverage is a component of an individual’s auto insurance policy. It helps cover the costs of repairing or replacing another person’s property, such as their vehicle, fence, or mailbox. In cases where the property damage is your fault, or the at-fault party is uninsured then you would need to have collision coverage to cover your property damage.

Who is responsible for damage to your vehicle in a car accident?

Responsibility for property damage is assigned based on the circumstances of the car accident. If one driver is clearly at fault, their insurance will typically cover the property damage of the other driver. However, if both drivers share some degree of fault, the process becomes more nuanced.

Navigating car damage in a no-fault state like Kentucky involves understanding the insurance system in place. It also involves recognizing certain exceptions and acknowledging the factors influencing responsibility. No-fault insurance simplifies personal injury claims. However, property damage liability often follows fault-based principles. This makes it essential for drivers to be aware of the specific rules in Kentucky and other no-fault states. By staying informed and working closely with our car accident lawyers, injured parties can move forward after a car accident.

Consult with the experienced car accident lawyers at Stein Whatley Astorino, PLLC, if you have questions about how Kentucky no-fault statutes may impact your claim.

Call us at 502.553.4750 for a free consultation.

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Stack of documents about a car accident on a desk

How to Settle a Car Accident Claim Without a Lawyer

Settling a car accident claim without a lawyer is possible. However, it’s important to approach the process carefully to ensure you protect your legal rights and interests.

Nothing discussed here is intended to be construed as legal advice. An experienced Kentucky car accident lawyer should evaluate the unique facts and circumstances of your car wreck and personal injury to determine the proper course of action. We advise car accident victims against trying to settle their claims without the advice and counsel of a trusted car accident lawyer. The intent of this discussion is only to give a general overview of how to settle a car accident claim without hiring an attorney.

What to do when involved in a car accident in Kentucky?

First, ensure everyone’s safety and report the car accident to the police. Next, it is essential to exchange necessary information with the other drivers involved. This may include phone numbers, car insurance information, and vehicles involved. You should also request medical attention. It is important to get a medical evaluation following a car crash.

Do not worry about the cost of medical care. Kentucky’s no-fault statutes provide basic coverage of medical bills up to at least $10,000.00 through your car insurance company. If you are physically able, document the scene of the accident by taking photos. Take note of weather conditions, damage to your vehicle, and other important details. Additionally, get the names and contact information of any witnesses to the car accident.

Notify your car insurance company promptly and provide them with detailed information about the car accident. Our experienced Kentucky car accident lawyers avoid having our clients speak directly with the car insurance company. This is because car insurance companies will attempt to use your words against you to avoid paying the claim. Even the most sophisticated and well-intentioned person can inadvertently hurt their claim value. Check out our discussion on tactics car insurance companies use to minimize the value of claims or deny claims.

How your Lawyer can help you navigate HIPAA after a car accident

Once you complete medical treatment for your car accident-related injuries or have reached maximum medical improvement (MMI), you will need to request and gather all your related medical records and medical bills. Medical providers are regulated by the Health Insurance Portability and Accountability Act (HIPAA).

HIPAA gives individuals rights over their protected health information. This includes:

the right to examine and obtain a copy of their health records
rights to direct a covered entity to transmit to a third party an electronic copy of their protected health information in an electronic health record
your rights to request corrections
Collecting your medical records is a time-consuming task. We take on this task so that our clients can focus on other productive matters in their lives.

We recommend hiring an experienced Kentucky car accident attorney to navigate the HIPAA complexities of collecting this information. Again, this should not be done until you complete treatment and are released by your doctor to ensure you get a complete record.

An Attorney can help you prove your liability claim

While receiving treatment for your personal injuries and trying to balance your work and family obligations, you will need to prove your liability claim to the at-fault driver’s insurance company. The claimant (you) has the burden of proof to develop each aspect of the claim. The car insurance company and their adjuster will not assist you or offer advice. They are not your friends. They often get bonuses for settling your claim for less money than they budget for the claim.

To prove liability, in a car accident claim the claimant will want to provide all the support documents. These documents substantiate their claims to the insurance company. Support documents include but are not limited to:

police reports
pictures of the scene
witness affidavits
video or pictures of the wreck
body cam video from the responding officer
relevant statutes (rules of the road)

Our attorneys at Stein Whatley Astorino, PLLC, start gathering this information the day a car accident victim retains us. We urge you to contact us as soon as possible following a car accident. This is vital because some of the information we request is only held for a short time after an event. Failure to timely request it can result in the destruction of the evidence. These intricate details are what sometimes make the difference in these car accident cases.

Getting the full Value of your claim

The process is not over once the at-fault carrier accepts liability. It is only the beginning. You then need to prove the value of your claim. The claimant must prove the injuries suffered from the car accident and how those injuries will impact them in the future. Therefore, medical records and medical bills are essential. Additionally, it can often also require the opinions of a medical professional in a report.

The value of your claim is part computation of economic damages (past medical bills, lost wages, etc.) and part art when developing value from non-economic damages like pain and suffering. Our seasoned Kentucky car accident lawyers have the training and experience to identify value and develop our clients’ damages so that they are presented to an insurance company in an organized and well-reasoned manner.

All the support documents must be sent to the insurance company. Stein Whatley Astorino, PLLC, and their aggressive car accident attorneys send formal demands with all support documentation. This puts the insurance companies on the clock. It also positions us to negotiate full and fair settlements for our clients efficiently.

Negotiation can be done without an aggressive car accident lawyer. However, insurance companies often low-ball unrepresented claimants. They know that unrepresented claimants do not have the experience to develop their claims for full value properly. Moreover, the insurance adjusters know that the unrepresented car accident victim, as a practical matter, does not have the knowledge and experience to file a lawsuit to force them to fully value the claims.

An experienced Kentucky car accident attorney creates more value for the victim than the attorney costs.

What about car accident mediation?

Mediation is an option if negotiations prove challenging. A neutral third party can assist in finding a resolution that both parties can agree on. However, the unrepresented claimant (you) will have to pay for the mediator’s time out of your pocket. Stein Whatley Attorneys, PLLC advance car accident case costs like these for our clients.

You must carefully review the terms of settlement once a fair settlement is reached. Pay careful attention to any release of liability forms.

Again, we advise that you have a skilled Kentucky car accident attorney review all settlement documents. You do not want to unintentionally release the insurance company or their insured from obligations beyond the personal injury settlement. Moreover, you do not want to assume expensive obligations that might come back to harm you.

can Third-Party claims affect my claim?

Lastly, you must ensure no third-party liens exist on your settlement proceeds. These liens can originate from contracts, statutes, and/or case law. Our trusted Kentucky car accident lawyers identify and notify these potential third parties of our client’s claims shortly after representation. Potential third parties may include:

health insurance
short-term disability insurance
Medicare, etc.

Stein Whatley Astorino, PLLC, will then negotiate these liens to maximize our clients’ financial recoveries while preserving their benefits. Failure to satisfy third-party liens can lead to suspension of benefits. It can also open you up to a lawsuit for collection of the lien sum.

Making a decision that is right for you

While it is possible to navigate this process without legal representation, remember that seeking legal advice is advised. A “straightforward” or “open and shut” car accident claim is more complex than it initially appears. Consult with the experienced lawyers at Stein Whatley Astorino, PLLC, if uncertainties arise or challenges appear during negotiations. Matt Stein, John Whatley, and Rob Astorino can help ensure you fully understand your rights and options. You’ll get the full and fair car accident settlement you deserve.

Learn more about how our Lawyers can help you get the compensation you deserve if you’e had a car accident.

Call us at 502.553.4750 for a free consultation.

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What to Do After A Car Accident

Car accidents are a harrowing experience, even if they are minor. The immediate aftermath can be overwhelming, with emotions running high and adrenaline pumping through your veins. Amid this chaos, one question may linger: “Should I hire a lawyer after a minor accident?” In this blog, we’ll explore the steps to take after a car accident, particularly a minor one, and help you decide whether or not legal representation is necessary.

Ensure Safety After a Car Accident

The first and foremost concern after any car accident, regardless of severity, is safety. Check for injuries and administer first aid if necessary. Move to a safe location, if possible, to avoid further harm from oncoming traffic.

Inform the Authorities

Even for minor accidents, it’s essential to involve law enforcement. When you call the police, they can file a police report. This can provide an unbiased account of the car accident, which can be invaluable for insurance claims.

Obtain Contact Information

Exchange contact and insurance information with the other party involved in the car accident while waiting for the police to arrive.

Document the Scene

In today’s digital age, it’s easy to document the car accident scene. Use your smartphone to take pictures of the vehicles involved, the surrounding area, and any visible damage. Capture the license plate numbers, insurance cards, and driver’s licenses of the other parties involved. Additionally, jot down the names and contact information of any witnesses.

Don’t Forget a Medical Evaluation

If injuries are severe, call for medical assistance immediately and request that you be transported to the nearest emergency room. Our experienced personal injury lawyers recommend that you also seek medical evaluation and treatment after a minor car crash. Even if your injuries seem minor at first, it’s crucial to seek medical attention promptly.

Why is it important to seek medical attention after a car accident

First, what might appear to be a minor car accident can create severe injuries. Many scientific studies back up this assertion.

Second, anyone involved in the car wreck will likely be feeling the effects of adrenaline following such a traumatic event. Adrenaline can mask some or much of the pain associated with your injury. Some injuries, such as whiplash, may not manifest symptoms immediately after an accident. People who have suffered from such injuries are often forced to go to the emergency room or immediate care facility later in the day or the next day as swelling occurs and limitations to their range of motion become apparent.

Third, people who suffer injuries in Kentucky car accidents often have no-fault benefits that will pay for their medical bills associated with a car crash. People involved in Indiana car accidents often have access to medical payment benefits (med pay).

Don’t avoid necessary medical evaluation or treatment because you are worried about how the bills will get paid. A medical professional can assess your condition and provide the necessary documentation for insurance purposes.

Notify Your Insurance Company

Regardless of the car accident’s severity, you will need to notify your insurance company. Provide them with all the details and documentation you have gathered.

Consult With an Attorney After A Car Accident

We recommend hiring an attorney to handle all the communications with the insurance company. Stein Whatley Astorino, PLLC, and their reliable car accident lawyers work on a straightforward and transparent contingent fee basis. You don’t pay any attorney fee unless they win the case. At Stein Whatley Astorino, PLLC, there is no up-front out-of-pocket expense to you.

Do you need a lawyer after a minor accident?

Now that you’ve taken some initial steps after a car accident, the question remains: Do you need a lawyer after a minor accident? While legal representation is not always necessary for minor accidents, there are situations where it can be beneficial.

If your injuries from the car accident necessitate ongoing medical treatment or rehabilitation, a car crash lawyer can help ensure that the full extent of your medical expenses is covered.

If there is a disagreement about who is at fault for the car crash, it may be wise to seek legal assistance from a diligent lawyer. A car accident lawyer can investigate the car crash, gather evidence, and build a case to support your claim.

Car Insurance companies may undervalue or deny your personal injury claim or property damage claim, leaving you with out-of-pocket expenses. A good car accident lawyer can negotiate with the insurance company on your behalf to secure a full and fair settlement. The diligent car wreck lawyer will also negotiate with your medical providers to reduce medical bills when all or portions of the bills are not covered by health insurance or no-fault insurance.

If the car accident has resulted in lost wages or diminished earning capacity due to injuries, an experienced car accident lawyer can help quantify these damages, support the damages with documentation, and pursue full compensation for the loss.

In some cases, the emotional distress resulting from a car wreck can be substantial. If you are experiencing ongoing emotional trauma, our car accident lawyers can help you pursue damages for pain and suffering.

Receive the full and fair compensation you Deserve

After a minor car accident, we recommend that you hire our experienced car accident lawyers. Even if the car crash is straightforward, and injuries and damages are minimal, you are still in a better situation with competent legal representation. Studies have shown that claimants end up in a better position with legal representation on average than people who try to go it alone.

Certain procedural complexities arise, such as disputed liability, ongoing medical issues, or insurance disputes, even with minor car wrecks. Consulting with an trustworthy lawyer can provide you with the expertise needed to navigate the legal landscape and avoid problems by getting ahead of them.

Attorneys for You

Ultimately, the goal at Stein Whatley Astorino, PLLC, is to ensure that our clients receive full and fair compensation for their losses and that their rights are protected. Even if you were involved in a minor car crash, consult with the experienced car accident lawyers at Stein Whatley Astorino, PLLC. Matt Stein, John Whatley, and Rob Astorino will fight for your legal rights and help ensure you get the full and fair settlement you are entitled to under the law.

Call us at 502.553.4750 for a free consultation.

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Woman looking at paper considering if she should get a lawyer

Should I Get a Lawyer for a Car Accident?

Car accidents can happen to anyone at any time. They often leave victims in physical, emotional, and financial turmoil. Seeking legal representation might not be the first thing on an injury victim’s mind. However, hiring a trustworthy car accident lawyer is a crucial step that can significantly impact the outcome of the situation. In this blog post, we’ll explore the reasons why car accident victims should consider obtaining legal representation.

Benefits of Hiring A Car Accident Lawyer

One of the primary reasons for getting a lawyer after a serious car accident is to ensure the protection of the victim’s legal rights. In the chaotic aftermath of a car crash, victims may be vulnerable to manipulation by insurance companies or the at-fault party. Additionally, a reliable car accident lawyer can navigate the complex legal landscape, advocating for the victim’s rights and interests.

Personal injury laws can be intricate and vary from state to state. A diligent attorney possesses a deep understanding of these laws, allowing them to guide car accident victims through the legal process. Therefore, from determining liability to assessing damages, a lawyer’s expertise is invaluable in building a strong case.

Navigating the Claims Process

A car accident can result in various damages, including medical expenses, property damage, lost wages, disability, and pain and suffering. Calculating these damages requires a comprehensive understanding of the victim’s injuries and their current and future needs. Furthermore, a legal representative can work with medical professionals, economists, and other experts to assess the full extent of the damages and pursue full and fair compensation for the injured party.

Insurance companies often prioritize their bottom line over the well-being of car accident victims. They may employ tactics to minimize payouts or deny claims altogether. Having a seasoned car accident lawyer by your side can level the playing field. Our attorneys at Stein Whatley Astorino, PLLC, are adept at negotiating with insurance companies, ensuring that injury victims receive the compensation they deserve.

An aggressive car accident lawyer will conduct a thorough investigation into the circumstances surrounding the car wreck. This includes gathering evidence such as police reports, witness statements, and surveillance footage. A comprehensive investigation strengthens the victim’s case, providing a solid foundation for negotiations or potential litigation.

Navigating Accident Injuries

Most personal injury cases are resolved through negotiations rather than going to trial. A knowledgeable car accident lawyer can negotiate with insurance companies or the at-fault party’s legal representatives to secure a full and fair settlement. Their experience in handling similar cases allows them to assess the value of a claim accurately and negotiate effectively on behalf of the injured party.

In the event that negotiations fail to reach a satisfactory resolution, having a trusted car accident lawyer prepared to go to trial is crucial. While not all cases end up in court, the willingness and ability to litigate can influence the negotiation process.

Our personal injury firm is not a settlement mill like many of the firms that advertise on television. Our car accident lawyers have trial experience and, if necessary, can present a compelling case before a judge and jury.

Insurance companies keep track of personal injury firms that try cases. Stein Whatley Astorino, PLLC’s willingness to try its clients’ cases in front of juries helps their clients get the top possible settlements because insurance companies know that they will go the full distance.

Recovering from an auto accident is a challenging process, both physically and emotionally. Dealing with legal complexities on top of recovery can be overwhelming. Hiring a trusted car accident lawyer allows the victim to focus on their well-being while the attorney handles the legal aspects, alleviating stress and ensuring that deadlines are met.

Finding the Best Car Accident Lawyer in Kentucky

Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win the case. In fact, this is how Stien Whatley Astorino, PLLC, is compensated. We have a track record of winning. Winning allows us to continue to serve our clients. This arrangement makes legal representation accessible to individuals who may not have the financial means to pay for legal services upfront. It also aligns the car accident lawyer’s interests with those of their client, as both parties benefit from a successful outcome.

Car accidents are traumatic events that can have lasting consequences. Securing legal representation is not just about seeking compensation; it’s about safeguarding one’s rights, navigating complex legal processes, and achieving a sense of justice. Obtaining legal counsel empowers car accident victims to focus on recovery while ensuring that their legal interests are diligently and expertly represented. In times of vulnerability, having a knowledgeable advocate by your side can make all the difference in rebuilding your life after a motor vehicle accident.

Schedule a Free Consultation

Consult with the experienced car accident lawyers at Stein Whatley Astorino, PLLC, if you are a victim of a serious car accident. Matt Stein, John Whatley, and Rob Astorino will fight to defend your rights so that you get the full and fair settlement you deserve.

Call us at 502.553.4750 for a free consultation.

Schedule A Free Consultation

Car driving down the highway to representI'll blog post about no-fault state laws and pip Insurance.

What Does No-Fault Insurance Really Mean

No-Fault Insurance Explained

If you live in Kentucky and have ever been in a car wreck or struck by a car you’ve probably heard that we are a “no-fault” state. But what does this really mean? The police report says someone is at fault. The insurance companies want to know who’s at fault, and everyone still tries to avoid the blame. So, what’s the deal?

No-fault coverage in Kentucky refers to a portion of your insurance coverage called personal injury protection (PIP) or Basic Reparations (BR) benefits. PIP/BR benefits are at least $10,000.00 of car insurance coverage which can be used to pay for your medical bills and/or lost wages whether the wreck was your fault or not. These benefits apply if you are the driver or a passenger in a vehicle involved in a wreck. You are also entitled to these benefits if you are a cyclist or pedestrian who was struck by a vehicle.

The reason Kentucky has this coverage is to promote injured people seeking medical attention without waiting to see if they were at fault for the wreck. In Fact, PIP benefits are paid without regard to fault. Even if you are in a single car accident you still qualify for PIP benefits.

What does PIP cover? PIP only covers lost wages, medical expenses related to the wreck and replacement services loss. You cannot use PIP coverage to pay for vehicle damage, pain and suffering. To recover for those losses, you must show the other driver was at fault. This is why even though we are a “no-fault” state it is important to know who caused the wreck. You also may have additional insurance coverages like collision vehicle insurance, disability insurance, and health insurance. These coverages can help you pay for bills and vehicle damage while you’re waiting.

We can help you get the most out of your policy

Our experienced car accident attorneys will get you the most out of your insurance benefits. We also are able to investigate claims and help prove the other driver is at fault if they deny responsibility. If you are in a car accident and feel you were injured it’s important to seek medical attention right away. Because of Kentucky’s PIP coverage, there is little risk of getting stuck with a bill for getting checked out.

Our experienced car wreck attorneys are ready to file suit if your insurance company fails or refuses to pay the PIP benefits you are owed. Stein Whatley Attorneys will fight for you to receive what you deserve.

If you have questions or need help after a car wreck give us a call at 502-553-4750, we’ll look into your options and let you know if we can help you.

There is never a fee to ask for a case review, contact us today!