Aggressive Lexington Car Accident Attorney Ready To Fight For You
According to insurance claim statistics, the average driver will be involved in about five accidents during their lifetime. With roughly 400 collisions reported in Kentucky every single day, it is easy to see how the numbers start to add up. Unsurprisingly, more than half of these accidents involve collisions with other moving vehicles. In addition, 730 residents of Kentucky were killed in car accidents in the same year while tens of thousands suffered from serious injuries. Each individual one of these accidents leaves families suffering: from the physical, mental, emotional, and financial consequences of these crashes and collisions. With a lot of accidents happening, it is important to have a proven, skilled, and knowledgeable Lexington car accident lawyer on your side to assist you through this difficult time.
Kentucky law entitles accident victims to financial compensation from negligent drivers and other third parties that are responsible for the accidents. This may include a defective part manufacturer, a truck driver’s employer, or even the state or local government agency tasked with maintaining the road where the accident occurred. With even minor accidents having the potential to cause serious, life-changing injuries, it is important for accident victims to identify all possible sources of compensation for their injuries and other losses.
At Gladstein Law Firm, PLLC our aggressive, efficient legal team stands ready to help victims who are injured in motor vehicle accidents. Seth Gladstein, a Lexington auto accident lawyer intimately understands Kentucky laws and has both the knowledge and experience to help those who have been hurt in these types of accidents. At the same time, his team of paralegals, assistants, and expert witnesses all work together to secure justice for their clients.
Contact Gladstein Law Firm, PLLC online
or by calling 502-791-9000.
Types of Auto Accident Cases We Represent in Lexington, KY
At Gladstein Law Firm, PLLC, we help injury victims obtain compensation for their losses through insurance settlements and litigation. We provide personalized, attentive, and experienced representation focused on maximizing our clients’ financial recoveries for their losses. We regularly handle cases involving:
- Biking accidents
- Bus accidents
- DUI and drug-related motor vehicle accidents
- Fatal vehicle accidents
- Motorbike accidents
- No-fault insurance auto wrecks in Kentucky
- Pedestrian accidents
- Truck and tractor-trailer accidents
- Underinsured and uninsured vehicle accidents
- Vehicle rollover accidents
- Rear-end crashes
- Hit and run accidents
We also represent the following personal injury matters:
- Motorcycle Accidents
- Trucking Accidents
- Wrongful Death
- Slip & Fall
- Neck & Back Injuries
- Burn Accidents
- Electrocution Injuries
- Workplace & Construction Accidents
- Medical Malpractice
- Nursing Home Abuse
If you or your loved one have been injured by someone’s negligence, contact our Lexington personal injury attorney today!
The Car Accident Settlement Process in Lexington, KY
The settlement process begins almost immediately after your accident has occurred. It will end with you receiving a check for compensation. While it sounds simple, there are numerous complex steps in the middle that must be completed – and within a certain timeframe – in order for your case to be successful.
Technically, the process starts at the accident scene. This is where you will gather information, known as evidence, about your claim. From the time when the accident occurs until you submit your claim, you must collect and preserve evidence. This evidence can include documents, photos, and anything else that you may have to prove that (i) the accident occurred, (ii) someone was at-fault, and (iii) it impacted your life.
Some pieces of evidence that could be helpful in proving this include:
- Facts about how the accident occurred – with supporting documentation that includes the police report, witness statements, and even photographs.
- A diary of important accident-related information.
- Medical records that show your injuries, treatments, and recovery or prognosis, if you are still undergoing treatments.
- Medical bills that you have paid for, and those that your health or auto insurance have covered.
- A statement that verifies your lost income, paycheck stubs, and possibly a letter from your employer.
- Documents of other financial losses directly associated with your accident.
- Evidence that you have suffered emotionally and physically.
Determining the Value of Your Claim
You will need to meet with an experienced Lexington car accident attorney to accurately estimate your injury claim. An attorney will compute your settlement asking amount based on a variety of factors, which include special losses.
Most insurance companies use a software program that helps them calculate car accident settlement values. The insurance claims adjuster relies on this program heavily to compute how much the company should pay out in an accident case. While it is helpful, it is often inaccurate and rarely addresses the emotional and physical pain. Other insurance companies will multiply specials, such as multiplying your total financial losses by 1.5 to 4, to come to a settlement amount.
The amount your losses are multiplied by will depend on the accuracy and strength of your evidence – as well as the attorney negotiating on your behalf. It’s essential to have a strong Lexington car accident lawyer on your side – call Seth Gladstein today!
The Significance of Your Injuries and Damages
Your damages consist of multiple costs including lost earnings, pain and suffering, and medical expenses. The more serious the injuries, the more likely you are to receive higher compensation. If you cannot work or ever return to work, the compensation will be much higher too.
The Limitations of the Policy
While you have more damages, your settlement might be hindered by the amount of insurance coverage the defendant has on his or her policy.
Insurance companies are only liable for the dollar limit of the policy purchased by the respondent. Therefore, the company has no obligation to pay a catastrophically injured victim large sums of money; especially if the policy limit is low. Kentucky’s minimal limits are $25,000.
For example, you have a reasonable settlement value of $30,000. However, the defendant’s policy only has a maximum compensation of $25,000. Therefore, they will only pay the $25,000 out of your $30,000.
Insurance policies create limitations, and if you are dealing with a private party, you are more likely to have an insurance policy with a low value compared to a store or business with a commercial policy. When there is not enough money to cover the losses, you still have options.
If the amount exceeds the insurance policy by a significant amount, your Lexington injury attorney might seek damages elsewhere.
If you need advice specific to your unique situation, call our Lexington car accident lawyer today for a free consultation!
Assessing the Defendant’s Financial Health
The defendant might have assets or other financial means to pay the remaining balance. So, while his or her insurance covers a portion of your damages, your Lexington car accident attorney can seek the remainder from the defendant’s personal assets.
If, however, that defendant has no personal assets, you might be stuck with the limits of his or her policy.
A judgment might be issued against the defendant, and your attorney could potentially seek payments or garnishing the defendant’s wages until that judgment is satisfied. However, it depends on the amount required and the circumstances of the defendant.
The Statute of Limitations for Car Accident Claims in KY
The Kentucky Motor Vehicle Registrations Act (KRS 304.49, et. seq.) gives you up to two years from the date of the accident, or two years from the date of the last no fault payment was received (but not to exceed four years after the accident date) to file a lawsuit. This can complicate matters, because there is a common misconception, pursuant to KRS 411.140, many people believe that you have only one to two years to file a claim. If, however, someone dies as a result of that motor vehicle accident, a wrongful death claim must be filed within one year of the appointment of the estate’s personal representative, but not to exceed two years from the date of death. For example, the individual dies in an auto accident January 1, 2020. But, an estate is not opened until July 1, 2020. The estate would then have until July 1, 2021 to file suit. If you are seeking compensation for a spouse’s lost love and affection resulting from any type of accident (known in Kentucky as a “loss of consortium” claim), you must file the claim within one year of the date of death. Therefore, if a spouse dies in a Kentucky car accident, the surviving spouse, essentially, only has one year from the date of the accident to file any and all claims arising from it, even though there is a two-year statute of limitations.
Do You Need to Call the Police for Minor Accidents?
The police must be at the scene of an accident if any of the following applies:
- Anyone suffers injury
- Damage to private or public property (excluding the vehicles) is present
- Damage is more than $1,000 in cost
- One driver appears to be intoxicated or was speeding at the time
Remain at the scene until officers arrive. When asked questions, be honest and polite – regardless of how long the process might take. If you need medical assistance, let law enforcement officers know that you would like to be seen by a doctor.
If officers are not dispatched to the scene, they will give you instructions on how to proceed and what you can do next.
What When You Get In a Car Accident
Call for Medical Assistance If Needed
Call for medical assistance if you or anyone involved is injured. Do not move anyone injured at the accident scene, because doing so might worsen their injuries. You can administer first aid to the best of your abilities, but still, wait for medical personnel to arrive.
Secure the Scene
Do your best to move your vehicle out of the way of oncoming traffic. If your car is inoperable, do not stand by the vehicle while it is in the middle of the road. Instead, move somewhere out of traffic. Do not attempt to cross in front of busy highway traffic.
Use Your Smartphone to Collect Information and Evidence
Most drivers today will be carrying a smartphone. This means you have a valuable investigative tool that you can use to collect evidence.
Use your smartphone to capture photographs of the accident scene. Make sure you get pictures of the vehicles and their placement, damage to your vehicle and the other vehicle, injuries you see at the scene, the area surrounding the accident, and the road condition.
You can also use your smartphone to record witness contact information. Send yourself an email with that contact information from your phone. This is an extra precaution so that if your phone is lost, you have a backup of the witness’ contact information to give to your Lexington car accident attorney.
Do Not Apologize
It is human nature to apologize, even when you are not at fault for the accident. Despite the urge to apologize, do not say you are “sorry” or admit to anything at the accident scene. Admitting responsibility or even apologizing can be used as an admission of guilt. This might make it harder to collect compensation later – even if you were not at-fault for the accident.
What Our Clients are Saying
After gaining a decade of experience defending against personal injury claims, Seth Gladstein decided to turn the tables and use what he had learned to help negligence victims recover for their losses. Since founding Gladstein Law Firm, PLLC in 2011, Seth has helped numerous clients obtain compensation for injuries suffered in vehicle collisions and other accidents. Here is what one of his clients had to say:
“I highly recommend the Gladstein Law firm. My son was involved in a car wreck and sustained serious injuries. Mr Gladstein and his phenomenal paralegal Barbi Johnson handled everything (car insurance claims, health insurance denials, unreasonable people) for us with professionalism and tenacity. I am elated with service they provided and the settlement that they obtained on his behalf.”
– Catrice Waugh, 2021
“Mr. Gladstein does a great job. This is the second case I’ve had at their law firm and they treat you like gold. Barbi who works there is an amazing resource of knowledge and is so organized, I don’t know how she does it! Emails and calls are always answered quickly and fully, I just couldn’t be happier. I know I will be telling people about this law office every chance I get and will definitely go back in the future should I need them. Thank you guys!!”
– Judy Stivers, 2017
Speak with an Accident Attorney in Lexington, KY
After a severe automobile accident, you may have injuries that keep you from working, incur hundreds to thousands of dollars in medical costs, and leave you with little option for recourse. Instead of trying to negotiate with insurance companies to get a settlement, speak with Gladstein Law Firm, PLLC. Attorney Seth Gladstein is here to advocate for your right to compensation, and he will negotiate with insurance companies to help you receive payment for medical costs, lost wages, and pain and suffering.