What is the process of claiming compensation in Kentucky?

On Behalf of | Dec 11, 2019 | Personal Injury |

When you get into an accident in Kentucky, you may want to claim compensation for any injuries that you incur or that happens to your car. Kentucky is one of the states that follow a no-fault car insurance policy. Therefore, when you get into an accident, you should use your injury protection coverage to file for a claim if you are looking to get compensation for the medical bill and any financial loss. In Kentucky, it does not matter who is at fault when an accident happens. Provided your injury claim meets some specific prerequisites, you can escape the no-fault boundary and directly present the claim to the driver at fault.

Like every other state, there is a statute of limitations that dictates the right timings for you to bring your lawsuit to court. The Kentucky Revised Statute Section gives you only one year for you to take a case in the civil court where you receive an injury due to someone else’s fault.

The statute no only affects car injury lawsuits, but also several other personal injury cases. Victims who experience damages of vehicles or properties as a result of a car accident have to file their claims not more than two years from the accident. When you submit a lawsuit when the statute of limitations is already expired, the person you are accusing of the accident may point out the discrepancy forcing the court to dismiss the motion.

If you get a severe injury from a car accident in Kentucky and after taking the case to court, the jury finds the other driver to be responsible for the accident. But, if you also had a part to share in the accident too, you will become subject to the comparative fault state laws of Kentucky. It means that the damages you can recover as a result of the accident will reduce with the same percentage of fault that you had in causing the accident.

This information only aims to educate. You should not take it as legal advice.