Aggressive Louisville 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 Louisville 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 Louisville vehicle 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.
An Experienced Representation for Auto Injuries & Vehicle Collisions
Many people don’t realize that they are entitled under Kentucky law to receive compensation for their medical bills, pain, suffering, and lost wages following an accident that they were not at fault for. When an injury is caused by the negligence of another person or entity, you or your loved one should be recompensed for the injuries that are sustained. In most cases, the insurance of the negligent party or your own insurance company will pay for the damages.
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:
While most auto accident claims settle, a Louisville auto accident attorney from our law firm is not shy about taking the insurance companies and other responsible parties to court. When we take your case, our sole priority is helping you obtain the largest possible settlement or verdict as quickly as possible. If the insurance company makes an offer, we will help you weigh your options so that you can feel confident about the outcome of your case. If we need to take your case to trial, as proven litigators our Louisville vehicle accident attorney will fight vigorously to ensure that justice is served.
What to Do After a Car Accident in Kentucky
Injury victims are often surprised at how frightening, confusing, and overwhelming the first few minutes and hours after an accident are. Everything happens in a flash, and many people feel a huge scope of emotions, including fear, embarrassment, anger, and worry. Although it is a completely normal reaction to quickly leave the scene of an accident before the police arrive, ignore your injuries, say that you are fine, or just shut down, it is vital that you get the help and information you need.
Unfortunately, some car accident victims are not able to collect compensation simply because they did not take the correct actions immediately after their car wreck. To help you deal with your situation and make smart decisions that can help your claim for damages, we have compiled a list of the basic steps you should take after being involved in an accident. This assumes that you are not too injured to move. If you are seriously injured, your health is your top priority, so wait until the EMTs arrive before taking an action. Otherwise, following a car accident, you should:
- Check yourself and passengers for serious injuries, and call 911. Even if you do not appear injured, you should seek medical attention. Symptoms from many traumatic injuries may not appear for days or even weeks following a collision.
- If you are able, get your car off the road, taking care to avoid traffic on the road.
- Call your insurance company. At this point, all you want to do is report the damage to your vehicle. You should avoid making any statements about why or how the accident occurred.
- Gather identifying information from all parties involved, including names, addresses, phone numbers, emails, license plate numbers, VINs, and insurance details.
- Take pictures of your injuries, the damage to each of the vehicles involved, and the scene of the accident.
- Ask for the responding police officer’s information, including name, jurisdiction, ID number, and phone number. You should also obtain a copy of the police report.
- You need to reach out to a reputable Louisville car accident attorney at Gladstein Law Firm, PLLC after you leave the scene. Discuss your case with us today.
As we mentioned, it is important that you avoid discussing the details of the accident with your insurance company. If there is a dispute, the insurance company may try to use your words against you. In the aftermath of an accident, people often have a tendency to take the blame or assume they were at fault in the collision. However, the law may say otherwise. It is best to speak with a Louisville auto accident lawyer before you talk to your insurance company so you can avoid saying anything that may prevent you from obtaining maximum compensation. At Gladstein Law Firm, PLLC, a Louisville vehicle accident attorney can work with the insurance companies on your behalf so that you can stay focused on your recovery.
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:
“Seth just successfully settled a case for me, and if you are looking for a compassionate, trustworthy, responsive and tenacious attorney, I cannot recommend Seth Gladstein higher.”
This is just one example of numerous accolades and recommendations. If you have been injured or lost a loved one in an accident, our experienced Louisville car accident lawyer can help you win the compensation you deserve.
Seeking Damages for Kentucky Car Accident Victims
Following a serious accident, you are likely to miss time from work, face expensive car repair and medical bills, and suffer from emotional distress. You may also suffer additional damages, such as physical pain and suffering, rehabilitation costs, and other out-of-pocket expenses. In fact, most people do not realize the full scope of their losses arising from a vehicle collision. Our Louisville car accident attorney can help make sure that the responsible parties are held accountable for the full amount to which you are entitled.
Recovered in Dram Shop case for injuries suffered in a car accident after being over-served.
Games Insurance Companies Play
Most car accident claims (well over 90 percent) are resolved through private settlement. Unless you are an experienced negotiator with a strong command of Kentucky personal injury law, going up against an experienced insurance adjustor at the negotiating table will be like a high school football team playing the Dallas Cowboys. We know how to level the playing field for you.
The following are some common tricks played by insurance adjustors to defeat or minimize your claim.
- Scouring your Facebook account, looking for recent photos of you looking “healthy”
- Issuing a quick, “lowball” settlement offer while you are still in the hospital and then setting an artificial deadline for you to accept it
- Demanding unlimited access to your medical records and then going on “fishing expedition” looking for pre-existing injuries
- Taking a recorded statement of a Q&A session with you in which they try to trap you into making damaging admissions
- Many more sharp negotiating tactics
A Skilled Legal Representation For Rollover Accident Injury Victims
Rollover crashes are some of the most terrifying and deadly road accidents, second only to head-on collisions in the rate of death and catastrophic injury. In some cases, the accident is caused by driver error, but in others, it is caused by a faulty vehicle or component. If the accident was not your fault (or not all your fault), you are legally entitled to compensation.
While it’s true that all vehicles can roll over, some are more prone to rollovers than others. The vehicles that roll over the most are vans, trucks, and SUVs. Reports from the National Highway Traffic Safety Administration show that than 5,000 people in the United States die every year from SUV rollover injuries. Most of these motor vehicle accidents occur when SUVs leave the road and enter the median, or when they travel along the shoulder of the road.
Why Large Vehicles and SUVs Roll Over
Because vans, trucks, and SUVs are top-heavy, they have more of a tendency to roll over. They also have short wheelbases when compared to their height. As an example, many of the wheelbases of SUVs are less than one hundred inches. Therefore, any maneuver that is abrupt or sudden, including crashes, can cause vans, trucks, and SUVs to roll over. This can happen in front of oncoming traffic, which can harm not only the driver of the SUV or large vehicle but also other drivers. The result of these accidents is often severe injuries and even death.
Design Defects of the SUV
It’s common knowledge that SUVs roll over more easily than other vehicles. However, many SUVs also have defects in their design. There have been reports of SUVs being crushed when they are involved in accidents, as well as roofs collapsing. These defects can cause serious physical injuries or death. Major defects in the design of SUV roofs can cause them to collapse. Let an experienced Kentucky attorney help you find out if a design defect is the cause of the accident that caused you harm.
We Know How Defendants and Insurance Companies Think
Gladstein Law Firm, PLLC founder Seth Gladstein has seen personal injury law from both sides of the courtroom and both sides of the negotiating table. He once represented personal injury defendants, but after six years of practice, he switched sides and began representing only personal injury victims. He knows how the other side thinks, and he understands all their tricks.
Your Case Probably Won’t Go to Trial
Most rollover accident cases are resolved with an insurance company through a private settlement agreement. If the insurance company is stubborn, of course, it may be necessary to go to trial. Our trial record has been so successful, however, that insurance companies are growing increasingly reluctant to face us in court. And that can work to your advantage.
In some cases, it is necessary to file a lawsuit to pressure the other side into responding with a fair settlement offer. This doesn’t mean you’ll necessarily have to go to trial, however – claims can be settled any time before trial, and they usually are.
A Trusted Highway Accident Lawyer For Louisville Victims
If you were injured in a Kentucky highway accident caused by someone else, Gladstein Law Firm, PLLC stands ready to help you obtain all of the compensation you are entitled to – and it might be more than you think. And when it comes to winning, with Seth Gladstein you have a particular advantage.
Mr. Gladstein started out representing personal injury defendants before switching to representing victims. This means that he has worked on the “other side” and has intimate knowledge of how they think, what strategies they use – and how he can best defeat them to get you the compensation award you deserve.
Insurance Adjustors are Skilled Negotiators
Most highway accident claims are resolved through a settlement with the insurance company, not a trial. That doesn’t mean you don’t need a lawyer if you have a substantial claim. Because most insurance adjustors have negotiated hundreds if not thousands of claims, and they are good at what they do and know how to persuade you to accept a low offer. Here’s a look inside their bag of tricks:
- Taking a recorded statement from you where you answer loaded questions so they can use your answers against you later
- Offering you a quick, lowball settlement before you’ve had time to retain a lawyer
- Smooth-talking you out of hiring a personal injury legal practitioner
Seth Gladstein’s six years of representing defendants in personal injury claims has gifted him with unique insight into how defendants and insurance companies view claims against them, and what kind of defensive strategies they will use. He can put that experience and insight to work for you.
A Word From One of Our Clients
“I hired Gladstein Law Firm to take on my case when I was in a car accident. I was very much pleased that I was informed about my case quite often. The law firm took very good care of my case and I would definitely hire them again if needed. Thanks to them so much for all they did to help me.” – Patty Sparks
Kentucky’s Savvy Attorney For Road Construction Accidents
A road construction accident can take many forms. For example, your car might have run off the road and hit an obstacle due to inadequately marked road construction, or you might be a construction worker who was hit by an oncoming vehicle. Regardless, Gladstein Law Firm, PLLC stands ready to help you obtain the compensation you deserve.
Conflict of Interest vs. Harmony of Interests
Insurance companies profit by accepting many premiums and paying out a few claims. The more they pay out in claims, the less profit they are left with – and that leaves their interests in direct conflict with yours. At Gladstein Law Firm, PLLC, our fees are calculated in proportion to the amount of compensation we win for you – and that puts our interests in harmony.
About Founding Partner Seth Gladstein
After four years with a prominent New York law firm and another six with a top Louisville, KY law firm, Seth Gladstein grew sick and tired of representing personal injury defendants seeking to avoid paying claims against them. He experienced a change of heart and decided to dedicate the rest of his professional career representing the interests of injured victims, not defendants.
Gladstein Law Firm, PLLC is the result. Mr. Gladstein has spent too long at the defendant’s side of the table to fall for any of the tricks that defendants and insurance companies like to play. As a proven and aggressive Louisville highway accident attorney, he is ready and able to put his unique experience to work for you.
Frequently Asked Questions (FAQs)
How long do I have to file a car accident lawsuit?
In Kentucky you have:
- two years from the date of the accident to file a motor vehicle personal injury lawsuit
- two years from the victim’s date of death to file a wrongful death lawsuit
- two years from the date of the accident to file a property damage lawsuit
Certain exceptions apply (if you were a minor on the date of the accident, for example). It is important that you hire a highly knowledgeable Louisville car accident lawyer that will guide you through this process.
Is my claim barred if the accident was partly my fault?
No. Under Kentucky’s “pure comparative negligence” system, your damages will be reduced in exact proportion to your percentage of fault (a 40 percent deduction if you were 40 percent at fault, for example). If the accident was mostly your fault, however, or if the defendant’s damages are much higher than yours, you could still end up with a net loss if the defendant counterclaims against you.
Will I lose my claim if the accident was partly my fault?
It depends. If the court assigns you a percentage of fault for the accident, your damages will be reduced in proportion to your percentage of fault, and you may have to pay a certain percentage of the defendant’s damages. If your fault was high enough, you could end up with a net loss. These issues and other issues about your car crash are best discussed with a respected and knowledgeable car accident lawyer.
Is Kentucky a “no-fault” auto insurance state?
Yes, Kentucky has been a “no-fault” state since 1975. You are required to purchase Personal Injury Protection insurance, which is designed to cover your own damages, and you cannot sue the at-fault driver unless your damages or injuries reach a certain level.
Does being a “no-fault” state mean I cannot sue the at-fault driver?
Not necessarily. Under Kentucky’s no-fault auto insurance system, you can exit the no-fault system and sue the at-fault driver if:
- Your medical expenses exceed $1,000
- You suffered a bone fracture, permanent injury or disfigurement, permanent loss of bodily function or loss of a body part
- You are filing a wrongful death lawsuit on behalf of a deceased victim
What is the minimum auto insurance required by law in Kentucky?
Your auto insurance must cover no less than:
- $25,000 maximum per victim
- $50,000 maximum per accident (no matter how many victims of the accident)
- $10,000 in Personal Injury Protection
- $10,000 in property damage.
What should I know about auto repair claims?
- You should obtain a repair estimate (the defendant will do the same)
- You are entitled to reimbursement of your repair expenses
- You are entitled to select the repair shop and the parts used
- If your car is totaled (the estimated repair cost exceeds the value of the vehicle), you are entitled to recover the pre-accident value of your vehicle and any incidental expenses (sales taxes, etc.) involved in buying another one
Should I go to court or settle out of court?
A settlement is obviously preferable to a full-blown trial for most car accident victims. Nevertheless, only a credible threat of a lawsuit is likely to motivate the defendant to make a decent settlement offer. Consequently, the best way to avoid a trial is to prepare thoroughly for one. Contact a highly experienced Louisville car accident attorney at Gladstein Law Firm, PLLC.
Does Kentucky offer punitive damages?
Yes, Kentucky offers punitive damages under certain circumstances, although many courts are reluctant to award them. The defendant must have exhibited recklessness or gross negligence (more than just ordinary negligence). A DUI accident, for example, might qualify for punitive damages. Punitive damages are awarded in addition to compensatory damages. An experienced car accident lawyer can answer your question regarding this and other matters relating to your case.
The insurance company offered me a check. Should I just take it?
No. By taking the check without any kind of reservation, you are in effect accepting the check in full satisfaction of your claim. If the insurance company is offering it to you without any kind of negotiation, they are almost certainly trying to “lowball” you with an amount that is only a fraction of your claim’s true value.
I believe the accident was caused by a defective auto part. What are my options?
You can file a product liability lawsuit against the part’s manufacturer, distributor, and/or retailer alleging:
- a design defect
- a manufacturing defect
- a failure to warn
You don’t even have to prove negligence to win.
If I settle and the amount turns out to be insufficient, can I come back for more money later?
No, you can’t. Any settlement agreement will include a clause that prevents you from re-negotiating the same claim or taking it to court. If your injuries are likely to require long-term treatment, it is critical that you accurately calculate and claim all of your future medical expenses.
Is there a deadline for filing a personal injury lawsuit?
Yes. In a Kentucky car accident claim, you have two years from the date of the accident or the date of your last PIP insurance premium payment. If you miss the deadline, your claim will become worthless immediately.
If I miss the statute of limitations deadline for filing a lawsuit, can I still negotiate an insurance settlement?
No. The only bargaining leverage you have in settlement negotiations is the ability to win a lawsuit and thereby force the insurance company to pay. Once you lose that leverage by missing the statute of limitations deadline, the insurance company will have no motivation to settle with you.
Will I win automatically if the other driver was breaking the law at the time of the accident?
Not automatically. If the driver was breaking a safety law, however (texting and driving, for example), proving this will certainly increase your odds of winning. Nevertheless, Kentucky law provides no absolute guarantee.
Can I sue the manufacturer if I was injured because my car’s airbag malfunctioned?
Yes, you can. You need to be able to prove:
- that the airbag was defective and unreasonably dangerous, and
- that it contained a manufacturing defect, a design defect, or defective warnings.
If you can prove these elements, you will be able to claim damages for the extent to which the failure of the airbag to deploy worsened your injuries.
Can I file a claim against a pizza restaurant for their driver’s negligence?
You probably can, because most pizza drivers are considered employees of the company, not independent contractors. As such, the company is financially liable for their driver’s negligence. This legal principle could come in handy if the driver has insufficient insurance and personal resources to pay a settlement or verdict.
Can I file a claim against Uber for their driver’s negligence?
No, because Uber drivers are considered independent contractors rather than employees. You should be able to file a claim against the Uber driver’s insurance policy, however. Uber offers its drivers a generous insurance package.
Do I have to speak with the other driver’s insurance company?
No – and you shouldn’t. The other driver’s insurance company will only be waiting for you to say something that they can use against you to deny your claim or reduce its value. Any contact with the other driver’s insurance company should be undertaken by your Louisville vehicle accident lawyer.
What are the main causes of rollover crashes?
The most likely cause of a rollover crash is:
- Speeding around a curve
- Tire blowout
- Poor road conditions (unexpected potholes, for example)
- Defective vehicle design – SUVs, for example, are rollover-prone due to their high center of gravity.
Because the at-fault party may be a vehicle component manufacturer or a government (for a defectively maintained road), even the driver in a one-vehicle rollover accident can sometimes collect damages.
What do I need to prove to win a product liability claim against the manufacturer of a defective vehicle component that caused the crash?
Under Kentucky product liability law, you need to prove that the vehicle component was (i) defective (ii) unreasonably dangerous, and (ii) caused your injuries. A “defect” could mean a manufacturing defect, a design defect or a “warning defect” (inadequate safety warnings).
Can I file a lawsuit if my loved one died in a rollover accident?
Yes, if the probate court appoints you the personal representative of your loved one’s estate. Under the Kentucky wrongful death statute:
- the estate recovers funeral and burial expenses, as well as expenses incurred to pursue the claim, and
- close relatives recover compensation for emotional losses such as loss of guidance and companionship.
Damage awards in wrongful death lawsuits are typically high.
Can I sue the company that hired the driver who caused the accident?
It depends. A company is liable for the negligence of its employee, but not for the negligence of an independent contractor. The company may have itself acted negligently, however (through negligent hiring, for example). Uber drivers, for example, are considered independent contractors, and so are commercial truckers.
Does Kentucky apply a cap on how much I can receive in damages?
No. Unlike other states, Kentucky applies no formal caps on either compensatory (ordinary) damages or punitive damages. If you win punitive damages (most claimants don’t), an appeals court might lower the award if it is wildly disproportionate to compensatory damages.
What are my options if my spouse died in a highway accident?
The Kentucky wrongful death statute allows the personal representative of the victim’s estate (appointed by the probate court) to file a wrongful death lawsuit on behalf of both the probate estate and close relatives of the victim, including the surviving spouse. Damages can be quite substantial. As the surviving spouse, you are likely to be appointed personal representative.
What is a truck’s “black box”, and how can it help me win my claim?
A truck’s “black box“, or Event Data Recorder is a device that records data such as:
- Average speed
- Brake use
- Throttle application
Other information may be recorded as well. Black box data is sometimes used in court or settlement negotiations to determine fault.
What do I have to prove to win a highway accident claim?
You must prove four “elements”:
- Duty: In most highway accidents, this simply means the duty to drive carefully.
- Breach of duty: The at-fault driver must have violated his duty (by speeding, for example).
- Causation: The driver’s breach of duty must have caused the accident.
- Damages: You must prove all of the damages you claim with admissible evidence.
Can I file a claim for money damages against the government due to an unmarked road defect that caused my accident?
Yes, it is possible. However, the procedure is more complicated and your rights are more limited than would be the case in a civil claim against a private party. Claims against the Commonwealth of Kentucky are based on KRS 44.070, while claims against the federal government are based on the Federal Tort Claims Act.
I was injured in a road construction accident as a pedestrian construction worker. How does a workers’ compensation claim differ from an ordinary personal injury claim?
- In a workers’ compensation claim, you do not have to prove that your employer was at fault to win.
- You cannot recover damages for pain and suffering.
- Ordinary auto insurance policies, such as your Personal Injury Protection (PIP) insurance, are generally not liable for your claim.
Under certain circumstances, your claim can be handled by the standard personal injury system rather than workers’ compensation.
What are some common negotiating tricks that an insurance company might use against me?
There are hundreds of them. Among the most common are:
- Bait and switch: Agree in principle to accept liability and then start “nickel and diming” away your claim when it comes down to specifics.
- Giving you a lowball offer and setting an arbitrary deadline for acceptance.
- Smooth-talking you into believing that you don’t need an attorney.
Reliable Louisville Car Accident Lawyer in KY: Our Fees are Deferred Until You Win Your Claim
At Gladstein Law Firm, PLLC, we work on a contingency basis. That means our fee is deducted as a percentage of your recovery, whenever it arrives in the bank. If we don’t win a recovery for you, our total legal bill to you will be zero. Even our initial consultation is free.
It is important that you retain a Louisville car accident attorney as soon as possible after your accident, for two reasons: (i) evidence tends to degrade over time, and (ii) the statute of limitations will eventually catch up with you if you delay pursuing your claim.
Our legal practitioner also represents clients with other types of injury cases, such as:
Contact us online. If for some reason you are not able to visit us in our office, we will come to meet you.