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Car Accidents Attorney in Jackson, Kentucky

Auto accidents are a common occurrence in Kentucky and other parts of the United States. According to the Kentucky Traffic Collision Facts report, there were 156,758 total reported collisions statewide in 2019 alone. Being involved in a car accident can result in minor or severe injuries, hospitalization, and missed time from work. If you or someone you know has been injured in a car accident caused by someone else's negligence, you are entitled to seek fair compensation for your injuries.

Here at my firm, the Law Office of Patrick E. O'Neill, PSC, I have devoted my career to providing experienced legal representation to car accident victims and their loved ones. As a knowledgeable Kentucky personal injury attorney, I can evaluate and investigate the details of your unique circumstances and help you explore your legal options for recovering damages.

I will fight aggressively to advocate for your legal rights and help you pursue fair financial compensation that can cover medical expenses, lost income, future medical treatment, and any additional pain and suffering you’ve been forced to endure. My firm is proud to serve clients across Jackson, Kentucky, and the surrounding areas of Campton, West Liberty, Stanton, and Booneville — so call or reach out today to schedule a free case consultation.

Liability for Car Accidents in Kentucky

The Commonwealth of Kentucky is a "choice no-fault" state. This means that the state operates using the no-fault car insurance system, but injured persons may opt-out under certain conditions. Under Kentucky's no-fault system, the accident victim will turn to their insurance carrier to seek compensation for medical expenses and other accident-related financial losses, regardless of who was at fault for the incident.

PIP Insurance

Additionally, motorists in Kentucky are obligated to carry an automobile insurance policy, referred to as Personal Injury Protection (PIP). The PIP benefits will cover up to $10,000 for medical expenses, lost wages, and other "out of pocket" costs resulting from auto accident injuries.

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When Can You File A Claim Against An At-Fault Driver?

Since Kentucky is considered a choice no-fault state, accident victims are allowed to "opt-out" of the no-fault car insurance system and file a lawsuit against the at-fault party if their accident claims meet the statutory threshold. In Kentucky, the threshold requires that:

  • The accident resulted in over $1,000 in medical expenses.

  • You suffered permanent injury, permanent disfigurement, significant fracture, or any permanent loss of an organ or body function.

Additionally, accident victims can opt-out of the no-fault system by filing the Kentucky No-Fault Rejection Form with the state's Department of Insurance.

Insurance Requirements in Kentucky

In Kentucky, drivers are mandated to maintain minimum "liability" car insurance coverage. This usually applies to the at-fault driver in the event of a traffic crash. The minimum liability auto insurance in Kentucky has the following coverage limits:

  • $25,000 for bodily injury or death per person per accident

  • $50,000 for bodily injury or death to two or more people per accident

  • $10,000 for property damage per accident.

State Laws Addressing Claims

Furthermore, some state laws were established to address the time limit for filing injury claims or the amount of compensation that may be recovered. This is known as a statute of limitations, and it differs depending on whether you’re filing a personal injury claim or a property damage claim.

Statute of Limitations for Personal Injury Claims

According to Kentucky Revised Statutes Section 413.140(1)(a), an action to recover damages for injury to the plaintiff or his or her spouse, child, ward, servant or apprentice, must be brought within one year from the date of the accident or injury.

Statute of Limitations for Property Damage Claims

Under Kentucky Revised Statutes Section 413.125, an action to recover damages to a vehicle or other personal property in the car accident must be commenced within two years from the date of the incident.

Comparative Fault in Kentucky

Additionally, the Commonwealth of Kentucky operates using the "pure comparative fault" principle. Under this system, your involvement in a car accident doesn't bar you from recovering compensation for your injuries. However, the amount of damages that may be recovered will be reduced by a percentage that is equal to your level of assigned fault.

For example, if the judge awarded $100,000 in damages against the at-fault party, but found you to be 10% liable for the accident, your compensation will be reduced by 10%, or $10,000. This means that you will only be eligible to recover $90,000 in compensation. Under Kentucky’s pure comparative fault system, even if you were 99 percent at fault for the accident, you may still recover damages.

Wrongful Death

Wrongful death is defined by the state as any preventable loss of life that occurred as a result of the negligent, careless, or wrongful actions of another person. Pursuant to Kentucky Revised Statutes Section 411.130,

"Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered."

Who Can File a Wrongful Death Suit?

According to Kentucky Revised Statutes section 411.130, the personal representative of the deceased can file a wrongful death action. However, damages recovered from the wrongful death claims will be distributed to the estate and surviving loved ones of the deceased person.

How Legal Counsel Can Help

Being involved in an auto accident can be an extremely overwhelming process that can impact your physical, financial, and emotional well-being. The good news is you don't have to face these challenges on your own. If you’ve been the victim of someone else’s negligence on the road, it’s important that you hire an experienced personal injury attorney as soon as possible to protect your rights and help you seek the financial justice you deserve.

Here at my firm, the Law Office of Patrick E. O'Neill, PSC, I have the legal resources and experience to help you hold the responsible parties accountable for your injuries. Using my extensive understanding of the statutes addressing liability in personal injury cases, I can guide you through the often complex legal process of filing a claim or lawsuit.

I truly believe that with my experience on your side, you will have every chance at achieving the best possible outcome for your case. So don’t wait. Call or reach out to my firm today to schedule a free case consultation.

Car Accident Attorney Serving Jackson, Kentucky

If you or someone you know has been injured in a car accident, you have the right to pursue fair compensation. Contact my firm — the Law Office of Patrick E. O'Neill, PSC — today to schedule a free case assessment. I can offer you the experienced legal counsel, support, and vigorous representation you need for your personal injury claim. My firm is proud to serve clients across Jackson, Kentucky, and the surrounding areas of Campton, West Liberty, Stanton, and Booneville. Call today to get the help you need.