Elements Of A Negligence Claim In Kentucky
Personal injury cases are often brought before the court as negligence claims. These claims can be confusing and scare for a person who has recently suffered a personal injury, such as a car wreck or slip and fall. That is why we have broken down the elements of a negligence claim below.
When a negligence claim is brought, the person who brings the suit (known as the Plaintiff) must show that the person being sued (known as the Defendant) was negligent. There are several different elements of a negligence claim. To prove negligence on the part of the Defendant the Plaintiff must show all of the following elements:
- That the Defendant owed a duty to the Plaintiff.
All people owe a duty to everyone else to be reasonably careful. In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road. This can include: passengers, persons in other vehicles, and pedestrians. Continue reading
What Is Med Pay In Kentucky?
The short answer is that Med Pay is a form of insurance that only pays for medical expenses resulting from injuries sustained in accident. In many states, it is incredibly important to those injured in auto accidents, however because Kentucky is what we call a PIP (Personal Injury Protection) state; which makes it less important in car wreck litigation. The reason being that PIP will cover everything that Med Pay covers, but it will also cover lost wages.
In Kentucky Med Pay Is Important In Premises Liability
Personal Injury Protection (PIP) And No Fault Insurance in Kentucky
What Are PIP And No Fault Insurance In Kentucky?
The Motor Vehicle Reparations Act (MVRA) mandates insurance companies offer Personal Injury Protection (PIP) with all auto insurance polices sold in the State of Kentucky. The purpose of PIP coverage is to allow a driver to have their car insurance company pay their medical bills and other expenses like lost wages without regard for who caused the car wreck. This is why it is often referred to as No-Fault Insurance.
For people involved in car accidents that only caused minor injuries often their PIP coverage will make them financially whole. For someone with more serious injuries that were caused by a negligent driver, it allows them to receive the medical treatment they need and receive payment for lost wages while attempting to resolve the matter with the at fault driver’s insurance company.
How Much Does PIP Cover In Kentucky?
Car Accidents With Pedestrians In KY
Car accidents with pedestrians are particularly dangerous. A pedestrian hit by a vehicle traveling at 30 mph or faster will likely result in serious physical injuries and/or fatalities. In addition, though, a pedestrian hit by a vehicle only going 10 mph can still be severely injured.
As a driver it is important if you are involved in a car accident with pedestrians to remain calm and focus on the following:
• Be Safe – get injured people to a place of safety
• Get medical assistance – provide medical assistance if you are qualified to do so, such as CPR. Contact the police and medical providers.
• Get insurance involved – notify the auto insurance providers, for both the driver and the pedestrian.
Do I Need Uninsured Motorist Coverage (UM) In Kentucky?
Uninsured Motorist Coverage (UM)
The purpose of Uninsured Motorist Coverage (UM) is to protect yourself in case you are injured in an auto accident by someone who doesn’t have car insurance. This can easily be confused with Underinsured Motorist Coverage. However, they are separate and distinct types of coverage.
UM is for when you are hurt in a car wreck where the other driver has no insurance at all. It can also be used in cases where the driver fled the scene and cannot be identified. Continue reading
Should I Have Underinsured Motorist Coverage In Kentucky?
What Is Underinsured Motorist Coverage (UIM)?
The purpose of Underinsured Motorist Coverage (UIM) is to protect yourself in case you are injured in an auto-accident by someone who has insurance coverage that is insufficient to cover the cost of your losses.
When most people think of losses in a car wreck the first thing that comes to mind is the damage to their car, but this is often just the tip of the ice berg. Modern medicine is a wonderful thing that can save lives and cure injuries in ways once not thought possible, but if you are seriously hurt in a car wreck you will find the costs of your medical treatment quickly surpass the cost of replacing your vehicle; in addition to lost wages.
Why Should I Have Underinsured Motorist (UIM) Coverage In KY?
Understanding Car Insurance Policies
What is Car Insurance?
Generally, when you ask someone about their car insurance policy they will simply tell you if they have full coverage or liability insurance. Unfortunately, for someone injured in an auto accident this is the least important part of the policy.
If you ask the same question of most attorneys, they answer with a set of numbers. The numbers they are referring to are their insurance policy limits This means the maximum amount their insurance company will pay if they are involved in an accident. They might give an answer like $300,000/$500,000 for bodily injury and $300,000 for property damage.
The reason they give two numbers is insurance companies’ cap how much they will pay for the injuries of a single person and how much they will pay for the entire accident. Continue reading
What Should I Do If I Have Social Media Accounts And A Legal Case In Kentucky?
It is best to assume that all of your social media accounts will be reviewed as a result of your case. Posts on social are not confidential and can come into all types of legal actions, including family law (like divorce or custody actions), criminal defense, and personal injury (like auto accidents and wrongful death) cases. Therefore, recommend you complete the following steps so your case isn’t negatively affected by social media and/or the internet: Continue reading
Can Social Media Posts Hurt My Case In Kentucky?
The answer is very simply, yes. Social media posts can negatively affect basically all times of litigation, including personal injury cases, like auto accidents or wrongful death claims; criminal defense cases; and family law cases, like divorce or custody disputes.
The information you post online is not confidential or protected. That information can be used in your case against you OR by another person suing you. As time progresses it becomes more likely that information WILL be used against you.
As more people use social media, such as Facebook and Twitter, legal opponents often review your accounts for evidence to use against you in your case. Or to support their own case. If you think about it, it makes sense. Today people disclose tons of personal and even intimate information online. And that information can be used against you in your case. If you know you have a legal dispute ongoing, the best advice is to stop posting anything on social media until your lawyer tells you otherwise. Also make sure your privacy setting are on the highest possible setting. Continue reading
What Should You Do If You Have Been In An Auto Accident In Kentucky?
You have just been injured in a car wreck. Not only do you have to deal with the damage to yourself and your vehicle. You have legal issues with a car wreck, and you don’t know what to do to protect yourself. To help you during this confusing and scary time Hurst & Hurst has created a dos and don’t list for auto accident victims. If you have been in a car wreck, contact an experienced car wreck lawyer, the lawyers at Hurst & Hurst can help you after you have been in an accident, call (859) 209-2101.
Here are some of the dos and don’ts after you or someone you love has been in an auto accident.
1) If the accident just occurred, check for any injuries then move away from potential hazards. If anyone has been injured, no matter how slight—call 911.
2) Once police or emergency personal have secured the scene request a copy of the accident report or the report citation number. If you are unable to obtain a report at the scene write down every police department, fire department, emergency medical service, or private ambulance company that responded to the accident. These reports may contain opinions or information proving who was at fault.
3) Document the accident by immediately taking notes of what happened. List as many details as possible, for example; what street you and the other driver were on, what direction and how fast Continue reading