Kentucky Information Personal Injury Automobiles Insurance

This is not legal advice. Any problem that you have is an individual case But these are the normal answers to these common questions reading them will give you a good understanding of the top issues in personal injury law.  

If you have a question about your particular case you need to ask your attorney about your facts and your particular circumstances.

• The top 3 questions
• The top 60 + FAQ question 

We are just starting this informational page and we are constantly adding questions to it.  Although these Questions are answered by Kentucky Personal Injury and Workers Compensation  Law the law of your state is almost always the same or similar because Personal Injury is common law and can be controlled by Federal Regulations that are the same for all the states however differences are governed by your individual state law and in some cases we explain the range of the exceptions.   Please e mail us questions and we will add your questions and answers to this ever growing list of commonly asked questions  

Q1: What are Personal Injury mills?       Mills attempt to cover an area often with branch offices staffed by non attorneys, paralegals or untrained staff just to get more business and cases.  Mills normally handle cases with untrained or under qualified personnel.  We are legitimate attorneys. Mills often do not keep clients informed about the status of their cases.   We send clients a copy of virtually everything that we send or receive.  We give status reports by telephone, mail or in person. Our practice is based on referrals from clients that are treated like family not high pressure advertising that blankets an area trying to get everyone. Our  personnel and resources are located in one office.

Q2:  Why do I need an attorney for my personal injury or property claim?  Insurance companies pay adjusters and defense attorneys to delay deny or limit your compensation.   Often it takes litigation trials and appeals because insurance companies rarely want to settle fairly.   Instead they know that they can deny a person payment and unless a person has an attorney there is little or nothing the you can do about it.  There is a time value to money.  They have the advantage.  They have your money and they don't have to give it back to you unless you are willing to settle for pennies on the dollar so that you can have your compensation now.

Q3:  Can I still recover under Workers Compensation if I have a Personal Injury case?

In 1985 the Mississippi Workers Comp board did a study.   That study held that if a person in Mississippi was represented by an attorney they obtained about twice what the average person got without an attorney.  If you file for Workers Compensation you may get funds faster than through a lawsuit.  However workers compensation has been dramatically reduced in it's benefits in Kentucky and the process now takes much longer because insurance companies are allowed to delay paying benefits and can not be sued for non payment.  Attorneys fees have been reduced so much that it is difficult to find  attorneys that will take workers compensation cases.   If you do collect under workers compensation you may have to repay some of the benefits you get under workers compensation from your personal injury award.   However personal injury awards are often much more than what is awarded under workman's compensation.  Personal Injury claims, in addition to a workers compensation claim, can be filed against other parties (known as a Third Parties) seeking damages in addition to an award in the workers' compensation court. You should consult with an attorney as soon as possible after the accident to determine whether your case would entitle you to bring a Third Party action. If you are successful in your Third Party action, you are compensated for pain and suffering.

1      What should I expect at a law office?   The goal of a law office should be to provide the client with a fair settlement as soon as possible, but every case that is accepted is approached as if it will eventually go to trial. The office staff may be divided in larger firms into pre-litigation and litigation sections to manage the extensive preparation that goes into each case for cases over 100.000 dollars. The pre-litigations teams work with the client in arranging for medical care and personal needs. Most cases settle before litigation. If the case cannot be successfully settled during the pre-litigation stage, the litigation teams file the suit, conducts discovery and prepares the case for the trial.  The trial attorney should lead the litigation team through every phase of a case whether it be negotiation, discovery, mediation, arbitration or trial.

2     How much does it cost? Never represent yourself.  Insurance companies work overtime to delay you filing claims so that statutes of limitations run out or so that you make admissions that destroy your case.  Most firms charge 40% of what is recovered. However, if a person attempts to represent himself he will often get nothing or he will destroy his own case so that even if he does have an attorney later he loses what he could have gotten.  If a case goes to many firms charge 50% of what they recover.   You rarely pay out anything up front to have a firm represent you other than the court costs.  In the long run the average person gets a larger return by using an attorney.   The fees for our services are based on a percentage of what we recover and is determined by when the case is concluded the type of case and other factors.   No fees are charged unless we recover court costs litigation expenses and medical bills are paid from the clients share of the recovery.  If there is no recovery the client will not be responsible for court costs and litigation expenses unless he withdrew the litigation.

3. What should I do first if I am injured at work?  Immediately report the accident to your employer. Seek medical treatment from an employer authorized doctor.  You should also start to document everything about the event and seek the advise of a qualified attorney.

4. Why can't I see my own doctor in a Workers Comp case? . The law says that employers must pay for all medical care related to the accident, so they control which doctors you may see. If you decide to go to your own doctor you'll be responsible for the bills. In limited circumstances, an employer's workers' compensation insurance company will authorize a doctor of your choice, if requested our office will make the call for you. The earlier you make the request the more likely the Workers' Compensation insurance carrier will authorize a doctor of your choice.  You should also realize that the doctor that is treating you may also be collecting evidence and may testify against you at your hearing trying to prove that you were not as seriously injured as you claim.  Remember this is the company and the insurance doctor he is not working for you.  

5  How much is my case worth?  You case is decided and valued based on liability and your damages.   Even if the other side is at fault you cant collect a million unless you were seriously injured.  Insurance companies consider the same elements of liability and damages in deciding how much to offer in settlement. Before any settlement is reached, there are generally a series of negotiations involving offers and counter-offers between your lawyer and the insurance company. Insurance companies rarely agree to pay the amount of money which you initially demand to settle your case unless your case is worth the insurance company's policy limits.  Every insurance company handles their claims differently. Some companies settle cases before a formal lawsuit is initiated in order to save the expense of hiring an attorney to defend them. Other insurance companies will not make any serious attempt to settle your case until you are "on the courthouse steps" and ready to go to trial.

6. How will I be paid while I am out of work?  If you miss a certain time off work,  you are entitled to Temporary Disability Benefits. These are paid bi weekly in Kentucky until you return to work.  You are paid benefits based on how seriously you are injured and how it effects your future loss of earnings.  You are also paid based on your gross weekly pay at the time of the injury for lost wages while you are unable to work.  

7.   If the Workers Compensation Insurance Company denies my claim, can I apply for unemployment?   No.  If the Workers' Compensation Insurance Company denies your claim for Temporary Disability Benefits, you cannot apply for unemployment because you are not actively seeking work and are unable to work. 

8. How soon after the accident do I have to file a workers' compensation claim? You should file for benefits as soon as possible.   While you wait the evidence the witnesses are becoming harder to obtain in court.  You have two years from the date of the accident. If you wish to file a claim, you should consult with an attorney as soon as possible after your accident and you must have reported the injury to your employer.

9. Can I receive a monetary settlement if I am at work?  A. Yes, after you receive medical treatment and return to work, you are eligible to receive a settlement for your injury.  This is often a bulk settlement award and you can get it even if you never missed work.  

10. Can I collect workers compensation benefits if the accident was my fault?  Workman's compensation does not depend on you not being at fault.  You receive Workman's Compensation whether or not it was your fault.  As long as you were involved in performing your work while you were injured, it doesn't matter if the accident was caused by you, a co-worker, or your employer.

11. Do I have to pay an Attorney up front to represent me?  No you don't pay unless you collect.  A Workers' Compensation Attorney's Fee is based upon work done on behalf of the injured worker and is set by a Workers' Compensation Judge. The Attorney Fee is no greater than 20% of the amount recovered on behalf of the injured worker. 

Kentucky Product Liability

Kentucky Lawyers Attorneys  Kentucky Personal Injury

Want Personal Injury Car Accident and Insurance information on how to collect your personal injury case? This is the place!

THIS IS AN ADVERTISEMENT