Paducah Personal Injury
After a serious injury, you probably have many questions associated with your accident. A Paducah personal injury attorney can help with a free case evaluation.
Our firm cares about you and the results of your case. We pride ourselves on delivering the best results we possibly can for our clients. We’ll fight for you and get you every dollar we can.
How Accidents and Injury Cases in Paducah, Kentucky Work
Accidents and injuries happen all the time. Sometimes the consequences are minor. You can dust yourself off and get on with life. Other times accidents and severe injuries devastate victims physically and emotionally and place an enormous financial burden on victims and their family members that can last for years, or longer.
Fortunately, Kentucky law provides a path for injury victims to seek compensation for damages they suffer as a result of injuries caused by another person or business.
You shouldn’t have to worry about making ends meet and paying for medical bills when someone else is responsible for your injuries. Keep reading to learn more about how injury cases work in Paducah, Kentucky.
How to Negotiate Settlement Without a Lawyer
Don’t immediately accept the insurance company‘s first offer after you send them a letter of intent. Treat the insurance adjuster assigned to evaluate your claim the same way you would if you were an attorney.
This means you need to gather all relevant police reports, eyewitness statements, and medical records. Present your information to the insurance company and wait for a response. Negotiating a settlement without an attorney can be tricky — make sure you don’t lose out on money by making easy mistakes.
What Is a Personal Injury Attorney & How Can They Help Me?
An injury attorney is a trained legal professional who represents accident victims (such as those injured in a car accident) and others who have suffered harm from the negligence of other parties. Injury lawyers help their clients get compensation for losses incurred as a result of their injuries.
Personal injury lawsuits cover practice areas like:
- General motor vehicle accidents
- Car accidents/car wrecks/auto accidents
- Truck Accidents
- Motorcycle accidents
- Workplace accidents
- Premises liability (such as fall accidents)
- Product liability
- Wrongful death
- Nursing home abuse (elder abuse)
- Animal attacks, such as dog bites
- Medical malpractice cases
- Slip and fall
- Defective product lawsuits
Additionally, while workers’ compensation (being injured on the job) is a separate type of case than personal injury, many PI firms have specialized workers’ compensation lawyers that take these types of cases as well.
What to Look for in a Lawyer?
Look for attorneys that are in good standing with the Kentucky Bar Association, a lawyer that has won awards from their local and state organizations as well as those who offer individual attention to clients, instead of passing them off to junior associates in their firm.
You also want a Paducah personal injury lawyer or law firm who has the experience and a track record in the type of claims you have who can advise you what your legal rights are. You want legal advice from someone who’s on your side.
Questions to Ask When Interviewing a Personal Injury Attorney in Paducah KY
Three questions you should ask a potential Paducah KY attorney are:
- Have you represented clients in a case similar to mine and what was the outcome?
- Will you go to trial if a settlement is not an option?
- What obstacles or challenges do you anticipate with my claim?
How Much Is Typical Fee For a Lawyer?
Personal injury attorneys work on a contingent fee basis, which means they only get paid if they secure compensation for their clients. In most cases, a personal injury attorney receives 33 percent of any settlement or jury award.
What Is Considered a Personal Injury Lawsuit?
An injury lawsuit is a civil action that a plaintiff files against an individual, business, or other entity after suffering injuries from that party’s negligence or intentional harm.
How Do You Explain Pain and Suffering?
Pain and suffering can refer to the physical or emotional suffering a plaintiff endures as a result of their circumstances. Physical pain and suffering refers to the actual injuries such as broken bones or a brain injury, while emotional pain and suffering refers to the mental consequences of the injury, such as depression, anxiety, PTSD, sexual dysfunction, and more.
How Much Money Can You Sue for Pain and Suffering & How Much Do You Usually Get?
Kentucky does not have a cap on damages for pain and suffering. Your attorney will place a value on your claim and may consult with medical experts and other specialists to make a proper estimate. Factors that impact the value include the nature and severity of your injury and your long-term prognosis.
Insurance companies evaluate your injuries and multiply your economic costs, such as medical expenses and lost wages, by a number to come up with pain and suffering. The more severe your injuries and prognosis, the greater amount you receive.
What Is the Difference Between PIP and Bodily Injury?
Personal injury protection (PIP) insurance covers up to $10,000 in medical expenses and up to $200 per week for lost wages up to your policy limit without regard to who caused your injuries in a traffic accident. On the other hand, bodily injury insurance covers damages for injuries that you caused another person, up to your policy limit.
Does PIP Pay for Pain and Suffering?
No, PIP insurance only pays for medical expenses and lost wages.
Is PIP Worth It?
Yes, for two reasons. Personal injury protection in Kentucky is mandatory; drivers who register vehicles who do not have PIP coverage are breaking the law. Finally, personal injury protection pays you benefits quickly. You may have to wait months or longer before you see any compensation from an at-fault party. Although PIP does not cover the full costs of a severe injury, it can help fill in some gaps early on.
What Is the Minimum PIP Payment in Kentucky?
Auto insurance carriers must offer drivers a minimum of $10,000 of PIP coverage in Kentucky.
How Does Personal Injury Law Work?
Personal injury law, also called tort law, focuses on advocating for people who suffered injuries because of another party’s carelessness or intentional harm. Unlike criminal law, justice does not come from fines or a prison sentence in these types of personal injury cases. Instead, PI victims see justice served when they receive compensation for their injuries.
Should I Accept My First Offer of Compensation for My Injuries?
No. Insurance companies do not stay in business by paying out the full value of a claim, especially in their first offer. The insurance company hopes you are desperate enough to accept the money and sign away your right to sue for damages. Consider the first offer as a jumping-off point for negotiations.
How Long Does it Take to Receive an Offer of Compensation For My Injuries?
It depends. In a case where liability is clear, you might receive an offer within a few months after injury. When liability is muddy, you might not receive an offer for six months or longer. Both sides also typically wait until you have recovered to the best of your ability from your injuries.
How Often Do Claims Go to Court?
Different sources vary on exact numbers, but typically personal injury claims go to court only about five percent of the time. The vast majority of cases, like car accident and truck accident cases, settle long before litigation, some minutes before entering the courtroom.
How Do Insurance Companies Determine Pain and Suffering?
Insurance companies use a formula that includes some type of multiplier. They rate your injuries, assign a multiplier, and take the product of your tangible losses, such as medical expenses and lost wages, to determine pain and suffering.
How Do You Prove & Win a Claim?
Prevailing in a personal injury claim requires proving negligence, which has four elements:
- The defendant had a duty of care towards you.
- The defendant breached their duty of care.
- You suffered injury or harm.
- The defendant’s breach of duty caused your injuries directly or indirectly.
What Is Considered Bodily Injury?
Bodily injury refers to physical and emotional injuries you suffer, most often used when referring to insurance policies, especially auto insurance.
What Does a Bodily Injury Claim Cover and How Much Can You Get?
Claims typically cover accident-related medical expenses, lost wages for missing work due to an accident, and related pain and suffering.
These types of claims only pay benefits up to the coverage limit of the policyholder. Even if your injury lawyer values your claim at five million dollars, if the insurance policy limit is $500,000, you can only receive up to $500,000.
What Is a Fair Settlement for Pain and Suffering?
Fair is a highly subjective term and your lawyer and the insurance company will disagree on what a fair settlement is for pain and suffering.
Past cases, medical experts, and other specialists will help support each side’s assessment of a fair settlement until you reach an agreement. This is why it’s so important to hire a trained lawyer during insurance disputes.
Can I Make a Claim Myself?
You can, but it’s not in your best interest. Insurance adjusters and investigators are trained to elicit statements from you to devalue your claim.
When you let professional injury lawyers handle your personal injury claim, they can protect you from these tricks, giving you the best chances to receive maximum compensation.
An experienced personal injury lawyer also knows how personal injury law applies to your case, so they can advocate for you in a way you cannot advocate for yourself.
Additionally, insurance companies take lawyers seriously and tend not to push ethical boundaries or act in bad faith when lawyers are involved in a personal injury claim.
How Do I Find a Personal Injury Lawyer Near Me in KY?
If you live in the Paducah area or throughout Kentucky and need a Paducah personal injury attorney that will fight for you, contact Bryant Law Center for a free case review.
Our nationally recognized law firm has extensive experience in the negotiation, settlement, and litigation of personal injury claims.
We understand the challenges you face in the wake of a personal injury, and our law office is here to help you get the compensation you deserve.