FAQs About Car and Truck Accidents in Lexington, KY
Below are answers to some of the questions most frequently encountered at the Law Office of Todd Burris as we help people who have been seriously injured in a car, truck or motorcycle accident in Lexington or throughout Fayette County. If you do not find the answers to your questions below, call our office at (859) 252-2222 for a free consultation.
I thought Kentucky’s no-fault law means you can’t sue the other driver in a car accident.
No-Fault Law in Kentucky is complicated, and your right to sue the other driver depends upon many factors. First of all, your Personal Injury Protection (PIP) coverage should reimburse you for up to $10,000 (or more if you have higher coverage) for medical expenses, lost wages and other out of pocket expenses regardless of who was at fault. In addition, it is also possible to sue the at-fault driver if you incurred more than $1,000 in medical expenses or if you suffered a certain type of broken bone, or if you suffered permanent disfigurement, a permanent injury or permanent loss of a body function.
If you previously rejected no-fault insurance, then you may not be entitled to PIP benefits, but you also will not be restricted in your ability to sue the at-fault driver. If you are confused about your rights under your insurance policy, call our office for a free case evaluation.
If I was partly to blame in the accident, can I still recover compensation for my injuries?
Yes, but it will affect how much you can recover. If a percentage of the fault in the accident is assigned to you, then the amount of your award will be reduced proportionately by that percentage. This is one reason why it is very important to hire an experienced personal injury lawyer who knows how to investigate the accident and determine who was at fault. Your attorney can fight to make sure the insurance company or the jury does not unfairly assign any of the blame to you, depriving you of the full amount of compensation you deserve.
I’m not sure if I can afford a lawyer.
You don’t have to worry about being able to afford high-quality legal representation to handle your case, because we can take your case on a contingency fee basis. This means that we will not charge you any legal fees up-front to take your case. In fact, we will also advance the costs of the case, such as court costs, expert witness fees, accident reconstruction fees, etc., so that you will not have any out of pocket expenses in pursuit of your recovery. You will only be charged a fee if and when we obtain a recovery for you, and your fee will be based on a percentage of the recovery, so you don’t have to worry that you will not have the money to pay your legal fees.
Rules of the Kentucky Supreme Court require us to state: COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT. This means that any court costs and expenses which we advanced will be deducted from the reward along with our legal fees, but rest assured that you will only be responsible for paying these expenses if we obtain a settlement or judgment for you.