However, if your accident claims meet the statutory threshold, you can decide to "opt-out" of the no-fault coverage and file a lawsuit in civil court against the at-fault party. To opt-out, you must meet the following criteria:
- The accident must have cost you at least $1,000 in medical expenses
- You must have suffered permanent injury, significant fracture, permanent disfigurement, or any permanent loss of an organ or bodily function
Also, you can opt-out of Kentucky's no-fault system by filling and submitting the Kentucky No-Fault Rejection Form with the state's Department of Insurance.
Comparative Fault Rule
Kentucky follows a "pure comparative fault" principle. According to this rule, an accident victim will not be barred from pursuing damages even if they were mostly at fault for their injuries. However, the amount of compensation they may receive will be reduced by their degree of fault.
For instance, if the judge awards a total compensation of $60,000 for your injuries but found you to be 25% liable for the accident, your compensation will be reduced by $15,000 and you will only receive a total award of $45,000. Under Kentucky's pure comparative fault system, you may still be allowed to recover damages even if you were 99% at fault for the accident.
Statute of Limitations
Pursuant to Kentucky Revised Statutes Section 413.140(1), an action to recover damages for injuries to the plaintiff or their loved one shall be commenced within one year from the date of the injury or accident.
Filing a Personal Injury Claim
In order to recover damages, the accident victim can proceed by:
- Filing an injury claim with their own insurance provider
- Filing a third-party claim directly with the insurance carrier of the at-fault party
- Filing a personal injury lawsuit in court against the at-fault party
The following damages may be recovered through a Kentucky personal injury claim:
- Past medical expenses, such as doctor's bill, hospital bills, medical tests
- Future medical expenses, such as occupational or physical therapy
- Lost income or wages
- Impairment of power to earn money
- Compensation for past and future pain and suffering
- Property damage or vehicle repair
- Emotional suffering
- Quality of life diminishment
- Punitive damages to further punish the at-fault party
How a Knowledgeable Attorney Can Help
Getting injured in an accident can be unsettling and cause devastating, long-term effects on your financial, physical, mental, and emotional health. Thankfully, you don’t have to face these challenges all alone. It is important that you act immediately and hire a knowledgeable personal injury attorney to help protect your rights and seek fair compensation.
At Law Offices of John Schmidt & Associates, we have the resources and experience to help you hold the parties responsible for your injuries accountable. As your representation, we can:
- Review all the facts of your situation and investigate your case
- Gather relevant information, evidence, and documentation
- Seek to prove fault and establish liability
- Determine the full extent of your injuries, accident-related losses, and estimate case-value
- Help negotiate a fair financial settlement with insurers
Our experienced team will fight to protect your rights and take additional legal actions where required. We will represent your best interests and help you pursue fair financial compensation to cover medical bills, future medical expenses, lost wages and benefits, pain and suffering, or loss. Having our team on your side can improve your chances of obtaining the best available outcome in your personal injury case.