Do You Need a Kentucky Personal Injury Attorney or an Accident Trial Lawyer?
Now, all that’s left is figuring out if you need an accident attorney to help with the claim or a Lexington personal injury trial lawyer. Guess what, you can go with either one. There really isn’t a difference. What will make a difference is if you’re filing a personal injury claim or a lawsuit.
When Is It a Personal Injury Claim?
So, what does the Commonwealth consider a personal injury claim? This is usually your first legal action after being injured in an accident. Your claim typically lists losses like medical expenses, property damage, and lost income. Some personal injury claims even include non-economic damages like your pain, suffering, and mental anguish.The claim is filed with the insurance company, either yours or the party responsible for causing the accident. Which insurance company you file your claim with depends on your state’s laws. Some states follow at-fault guidelines while others use no-fault insurance rules. Since your claim is with the insurance company, it’s not filed in civil court. In other words, a judge and/or jury isn’t involved in settling a personal injury claim.
Chances are, you will go through a period of negotiations with the insurance company. The insurance provider has the right to negotiate a lower settlement or even deny your claim. If your claim is denied, you can file an appeal.
However, there’s still no guarantee the insurance company will approve the claim. Some common types of personal injury claims include:
- Vehicle accidents which automobile insurance companies typically handle
- Accidents on property. In this instance, you file a claim with the property owner’s insurance
- If it’s a slip-and-fall accident, business insurance usually reviews and potentially approves your claim
Kentucky medical malpractice claims also fall under personal injury law. If a healthcare worker’s negligence causes your injuries, you may be able to file a claim with the party’s medical malpractice insurer. While the type of personal injury claim can vary, all follow the same process. You file a claim with the appropriate insurance provider.
When a Claim Becomes a Personal Injury Lawsuit
Sometimes, you can’t reach an agreement with the insurance company. The adjuster is determined to reduce the value of your claim, leaving you with unpaid damages. When this happens, you have the option of filing a personal injury lawsuit in civil court. All lawsuits are considered civil matters regardless of whether your claim is for a car collision, slip-and-fall accident, or medical malpractice.Your lawsuit seeks to resolve the differences between you and the defendant, typically the insurance company. You are also going to need to prove negligence. This means showing the defendant's actions or behavior either willfully or unknowingly caused the accident resulting in your injuries. If you can prove negligence, your lawsuit can usually move forward. After both sides present their evidence, a judge or jury decides if you receive compensation and the amount.
While the compensation amount you receive may be higher in a lawsuit than in a claim, be prepared for the process to take several months. Some personal injury lawsuits can drag on for a couple of years. Most lawsuits go through multiple phases that include discovery, pre-trial motions, hearings, the trial, and possibly even an appeal. If either side doesn’t agree with the verdict, they may be able to file an appeal.
Do You Have a Personal Injury Claim?
So, how do you know when to file a personal injury claim in Kentucky? Even though it’s usually filed before moving on to a lawsuit, sometimes, it can be in your best interest to skip filing a claim.If your goal is to reduce fees associated with your claim like court and attorney costs, a claim is usually your best option. This also applies if you want to recover compensation quickly, instead of waiting months as your case winds through the legal system.
When It’s Best to Skip the Claim Process
Depending on the complexity of your personal injury case, sometimes it’s best to move straight to filing a lawsuit. If you want to force the insurance company to the negotiating table, a lawsuit will get their attention. Part of the pre-trial process also involves mediation. This is when a judge orders both parties to sit down and try to hammer out an agreement.A lawsuit can also help you gather more evidence to help support your claim. This may be necessary in more complicated cases, like ones involving multiple defendants. If you believe you may receive more compensation going to trial, you may be right. However, this isn’t a great reason to head to trial.
Remember, trials can be expensive and you may be on the hook for covering these costs. This can significantly reduce the amount of compensation you receive for your damages.
When Is a Lawsuit Your Best Option?
If negotiations between you and the insurance company have completely broken down, a lawsuit may be your next option. Lawsuits are also often better suited for personal injury claims with high compensation values. This often applies when injuries are life-altering. Some examples can include permanent disfigurement or if you require a lifetime of medical care.When gross negligence is a factor, you may want to move straight to filing a lawsuit. Cases involving gross negligence, when the accident was intentionally caused, may be eligible for punitive damages. You can’t claim punitive damages in the Bluegrass State, they are only awarded by a judge or jury.
Don’t Make a Decision Without Consulting a Kentucky Accident Attorney
Trying to decide between filing a claim or a lawsuit can be tough. Each process has advantages and a few potential downsides. Before contacting the insurance company or the court, talk to an attorney about your personal injury case. Your attorney can help you make the best decision based on the unique facts of your case.Do You Need An Attorney?
If so, post a short summary of your legal needs to our site and let attorneys submit applications to fulfill those needs. No time wasted, no hassle, no confusion, no cost.
Posted - 03/03/2025
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