Louisville Car Accident Lawyers
A Louisville car accident lawyer may be able to help. Even safe, skilled, and attentive drivers in Louisville are involved in accidents.
Were you hurt in a motor vehicle crash?
Automobile collisions are consistently a leading cause of accidental injuries and accidental fatalities. The aftermath of a car accident can be a frustrating and confusing time. In addition to dealing with your injuries, you may also be facing hefty medical bills. These expenses shouldn’t be your burden to bear alone.
At Meagher Injury Lawyers, our Louisville car accident attorneys fight tirelessly to help victims and families get justice and the compensation that they need to pay their bills. If you or your loved one was hurt in a crash, we are more than ready to help you navigate the claims process. Trusted Louisville car accident lawyer Tate Meagher is dedicated to getting you the maximum compensation you’re entitled to. Call our Louisville office today for a free consultation.
Car Accident Lawyers In Louisville You Can Trust!
Hurt in a crash in Louisville? It is imperative that you have access to the full and fair compensation that you need to pay bills, support your family, and put the pieces back together. Kentucky law allows car accident victims to seek compensation for both economic and non-economic losses. You cannot rely on an insurance company—either your own or third-party company—to protect your rights or your interests. At Meagher Injury Lawyers, our Louisville car accident lawyer goes above and beyond to help victims and families maximize their recovery. Money damages may include:
- Vehicle damage (repairs or replacement).
- Ambulance costs and emergency medical care.
- Hospital bills and other healthcare costs.
- Physical therapy and mental health support.
- Lost wages and loss of earning potential.
- Pain and suffering & mental distress.
- Long-term disability or permanent disfigurement.
- Wrongful death of a family member.
WHAT STEPS TO TAKE TO PROTECT YOUR RIGHTS AFTER A CAR ACCIDENT IN LOUISVILLE, KENTUCKY
Following a car crash in Louisville, it is normal to be stressed and confused. Too many people make errors in the aftermath of a collision that actually undermine their own interests. If you find yourself involved in an accident, it is crucial that you know the right steps to take to ensure you receive the appropriate compensation for your injuries and damages. Here is what to do after a Louisville crash:
- Stop Your Vehicle and Exchange Information With Other Parties: Immediately after the accident, make sure you stop your vehicle and assess the situation. If it is safe to do so, move your vehicle to the side of the road to avoid blocking traffic. Kentucky law requires all parties to a collision to stop their car and remain at the scene. Failure to do so could be a criminal violation. The only exception is for medical emergencies. Get information from other drivers, including things like names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance details.
- Report the Accident to State or Local Law Enforcement: Under Kentucky law, you are required to report a car accident if it results in injury, death, or property damage exceeding $500. Not only is reporting a crash a legal obligation, it is in your best interests. Make sure that your collision is reported to the Kentucky State Police, Jefferson County Sheriff’s Office, the Louisville Metro Police Department, or another agency. The responding officers will likely create an accident report, which can be valuable when negotiating with insurance companies or pursuing legal action. Be sure to request a copy of the report for your records.
- See a Doctor for Any Injuries (Emergencies Take Priority): If you or any other party involved in the accident has sustained injuries, seek immediate medical attention. Of course, emergency medical needs always take priority. You should get medical care for severe injuries right away. Non-emergency injuries still need to be assessed by a doctor. Keep copies of all medical records, bills, and receipts, as these will be crucial in determining the extent of your damages and the amount of compensation you may be entitled to receive.
- Comprehensively Document the Accident and Your Damages: Gather as much evidence as possible to support your claim. Take photographs of the accident scene, your vehicle, and any injuries sustained. Collect contact information for any witnesses who may have seen the accident. Even though Kentucky has a no-fault insurance law, you still need to thoroughly document the crash. Documentation can help strengthen your case and protect your rights.
- Speak to a Louisville Auto Accident Attorney Before an Insurer: Before speaking to an insurance company or signing any documents, consult with a skilled Louisville auto accident attorney. Insurance companies often aim to minimize their payouts and may not have your best interests in mind. An attorney can help you understand your rights, review your claim, and negotiate with the insurance company on your behalf. The insurance company is not on your side. Your Louisville car accident lawyer will protect your rights and interests.
Auto Accidents Can Be Overwhelming
Hurt in a crash in Louisville? It is imperative that you have access to the full and fair compensation that you need to pay bills, support your family, and put the pieces back together. Kentucky law allows car accident victims to seek compensation for both economic and non-economic losses. You cannot rely on an insurance company—either your own or third-party company—to protect your rights or your interests. At Meagher Injury Lawyers, our Louisville car accident attorneys go above and beyond to help victims and families maximize their recovery.
Frequently Asked Questions
Is Kentucky A No-Fault State?
Kentucky is a no-fault state, requiring drivers to get no-fault insurance. This typically covers the first $10,000 in medical expenses, some lost wages, and other expenses that may arise from a car accident, regardless of who is at fault per Kentucky Revised Statutes 304.39-040. No-fault insurance is also known as personal injury protection (PIP) insurance. Don’t worry – Louisville car accident lawyer Tate Meagher can assist you in applying for no-fault insurance.
When you have been in a car accident in Louisville, Kentucky, fault will be important for your car accident lawsuit to recover compensation against the other driver’s insurance company. Proving fault shows that the other driver’s negligent or reckless actions caused the car accident. Attorney Tate Meagher investigates the facts of all cases he pursues to gather the necessary evidence to prove liability against the at-fault party. Even after you have secured insurance, don’t be fooled into thinking that the insurance company is on your side and accept their first settlement offer.
What If I Am Partially At Fault?
Per Kentucky Revised Statutes 411.182, Kentucky is a pure comparative negligence state. Accident victims can collect damages even if they are 99% at fault. However, the amount of damages is limited by the party’s actual degree of fault. Thus, for example, if it is determined that Driver A is 80% at fault for an accident and Driver B is 20% at fault, Driver A gets to recover 20% of his damages from Driver B’s insurer, and Driver B is entitled to 80% of his damages from Driver A’s insurer.
Louisville car accidents are not always cut and dry. You may be partially to blame for the car crash. Know that once you’ve retained us as your Louisville car accident lawyers, you can divulge the full details of the auto accident, even the parts that don’t go in your favor. Our experienced car accident lawyer at Meagher Injury Lawyers can help assess your automobile accident. Hence, you know what to expect in terms of settlement or trial and have a better idea of what your personal injury claim is worth.
What is the most common injury sustained through a vehicle collision?
There are several types of injuries that may result from a car, truck, or motorcycle accident. The type and extent of injuries suffered will directly affect the value of your car accident claim.
Neck Injuries
Whiplash is possibly the most common car accident injury. Whiplash occurs when there is a sharp and sudden movement of the head and neck, typically as a result of the collision from the crash. Whiplash can cause damage to the neck and back, including herniated and bulging discs, and the severity of injuries often depends on the victim’s prior health history.
Back Injuries
Back injuries are also common car accident injuries in a car crash. When a car crash victim’s spine is damaged, this can impair movement and sensation in the back and all of the victim’s extremities. Back injuries can sometimes be the costliest to treat because they often require extensive rehabilitation, surgery, and years of therapy or pain management.
Head Injuries
Concussions are common in motor vehicle accidents. High-speed collisions can result in a blow to the head through contact with the vehicle’s steering wheel, airbag, dashboard, headrest, or window. Traumatic brain injuries (TBIs) can range from mild to serious and cause long-term cognitive and motor skill deficiencies.
Scars, Bruising, And Lacerations
Many car accident victims suffer scrapes, bruises, and scratches as a result of the impact of the collision. Depending on the injury’s severity, a victim can sometimes end up with permanent scarring and disfigurement.
Broken Bones
Car accidents can be devastating as the body absorbs tremendous force; it can sometimes cause one or more bones to break. Fractures to the arm, legs, ribs, hip, wrist, face/skull, back, neck, clavicle, and other body parts are possible in car accidents.
Shoulder Injuries
Common shoulder injuries in car accidents include impingement or tears of different shoulder ligaments or a torn rotator cuff. Shoulder injuries are some of the most powerful to suffer, and the recovery from rotator cuff surgery is often described as very painful and difficult.
Knee Injuries
Knee injuries from a car accident are typically caused by bracing for the impact or the knees striking the underside of the dashboard or other parts of the car. Many people do not realize their knee is injured until several weeks after the car accident and write the pain off as just bruising. Knee injuries must not be overlooked as they can plague many people for their entire life and failing to treat a potential knee injury adequately will not help the healing process.
Death
In the most tragic cases, the driver, passenger, or pedestrian is killed due to a car accident. There are specialized rules and regulations in place for wrongful death claims under Kentucky law. If your family member was killed in a motor vehicle crash, our Louisville fatal car accident lawyers are standing by, ready to help you fight for justice. We are compassionate advocates for grieving families. Our law firm will handle all of your legal needs so that you can focus on healing.
How Long Do I Have To File A Car Accident Claim In Louisville?
The moment you were flung into that harrowing experience, an invisible clock began to tick. Your Louisville car accident attorney will tell you that in Kentucky law, a car accident injury case must be filed within two years from the date of the collision to receive maximum compensation. According to Kentucky Revised Statutes 413.140. that being said, you need to notify your insurer right away.
This seems like enough time until you factor in negotiations with shifty insurance companies, the time it takes to track down elusive potential witnesses to the car accident, and your own recovery from the motor vehicle accident. There are so many moving parts at play that your best bet is to retain a Louisville car accident attorney to manage your auto accident case. Don’t wait, call Tate!
Louisville Auto Accident Attorneys
If you’re considering seeking financial compensation for your car accident injuries, you probably have many questions about the process. We provide free, no-obligation consultations to injured victims in Louisville and throughout Kentucky. It is your chance to have your specific questions answered. An experienced Louisville car accident attorney can provide an estimate of how much your case is worthwhile answering any other questions you may have
Hire An Experienced Louisville Car Accident Lawyer To Get The Compensation You Deserve
With over a decade of experience, Tate Meagher knows what it takes to get the financial award you deserve. Because he’s represented insurance companies in the past, he’s able to strategize and negotiate for the best possible outcome.
Born and raised in Kentucky, Tate is a personal injury attorney passionate about advocating for the rights of injured people. You need a Louisville car accident lawyer who truly believes in you and your case.
At Meagher Injury Lawyers, our Louisville car accident attorneys are aggressive, experienced advocates for the people and families who need help the most. We are proactive and justice-driven. Don’t wait; call Tate! If you’ve been injured in a car accident, schedule a FREE consultation today
Should I accept This Offer From The Insurance Company?
After an accident, you will have to deal with insurance companies to get the compensation you need. The insurance companies can be tricky and may try and take advantage of you. Therefore, it is wise to be cautious when interacting with them and consider retaining a lawyer to advocate on your behalf. When trying to negotiate a fair settlement for your injury claim, I cannot recommend enough that you never accept the first offer made by the insurance company (unless the first offer is for the available policy limits, in which case further investigation would be necessary to determine that is all the available policy limits).
The First Offer Will Not Reflect the Full Value of the Case
The first amount offered on an injury claim is almost never close to the fair value of what an injury claim is worth. This is a routine practice by insurance companies and like a poker player showing a false tell they will almost always start at a price lower than they are willing to pay, hoping you will accept it. Insurance companies expect to negotiate, and you should always take that opportunity to negotiate for a higher settlement. You will almost always get a better settlement offer than the first offer if you negotiate.
Case Study: Car Accident Claim
Except if the available insurance policy limits have been offered, I cannot think of any case in which I have recommended that a client accept the first offer in an injury case. A recent case I had exemplifies why you should never accept the first offer. Before retaining me as her lawyer my client had unsuccessfully spent months trying to manage her case car accident injury claim. She had gotten nowhere with the insurance company and came to me looking for help. The insurance company she was dealing with was arguing that her injuries were entirely pre-existing conditions and were not caused by the accident in question. After this client retained my services my office was able to retrieve her medical records and send a demand package to the insurance company wherein we demanded they pay the available insurance policy limits to settle her claims.
The insurance company responded by making a very low offer in light of the value of the case for only $5,000. Remember, it is never good to accept the first offer so we rejected the offer. My office then obtained medical proof in the form of a written report from a doctor wherein the doctor opined that her condition was caused by the accident in question. I sent this doctor’s report to the insurance company, and we again demanded the available insurance policy limits. In response, the insurance company raised their previous offer minimally to $7,500. We rejected the offer and I subsequently filed a lawsuit. During the litigation process, I was eventually able to obtain a six-figure, policy limit settlement for my client.
This case is a prime example of how much lower the first and even second settlement offer can be compared to what an insurance company may pay on an injury claim. It is also a prime example of how important it can potentially be to seek out a personal injury attorney.
Speak with an Attorney Right Away
No matter how cut and dry your case may seem the insurance companies usually do not take you very seriously if you do not have an attorney and will try to settle your case cheaply. We work hard to maximize settlement for our clients. All initial consultations are free. In fact, we never take a fee on a case, unless we win your case. If you have been injured in an accident, don’t wait, call Tate!
How Much Is My Louisville Car Accident Claim Worth?
If you have sustained an injury your life has likely become more difficult and complicated. If you have sustained a personal injury claim in Louisville, maybe you are unable to work or participate in your regular activities and hobbies, but are instead forced to spend all your time going between the doctor’s office and the pharmacy. Of course, while you are unable to work, bills continue to stack up. As a final insult, you may be experiencing significant pain that impacts your sleep, peace, and ability to spend quality time with friends and loved ones.
In light of all the difficulties you are facing you decide to pursue a personal injury lawsuit — but how much is your case worth? No two cases are alike, and there are numerous things to consider when it comes to personal injury lawsuits. However, to get an idea of the estimated value of your case, the factors discussed below should be considered.
Insurance
Does the at-fault party have insurance? If the answer to this question is “no” then it is likely the at-fault party is not worth pursuing a personal injury claim against. If the at-fault party is uninsured, it is very likely they do not have any valuable personal assets worth pursuing. However, if your injuries were sustained due to a motor vehicle accident, you or your attorney should check to see if your insurance policy contains uninsured motorist coverage (if the at-fault driver was uninsured) or underinsured motorist coverage (if the at-fault driver had a small amount of insurance that is insufficient to compensate you for your injuries) so that a claim can be made under your policy for your damages.
Damages
Damages in a Louisville personal injury claim are intended to “make the plaintiff whole” after an injury. Of course, sometimes it is not possible to make the plaintiff whole, and it is difficult to put a dollar figure on things like pain and suffering, but the goal is to best put the injured person back into the position he or she would have been in had the injury not occurred.
The types of damages that are available in a personal injury claim can vary depending on the type of case, the circumstances of the injury to the victim, and the laws of the state. In general, personal injury damages include the following:
1. Medical Bills
If you must undergo testing or treatment, or if you must receive medical care of any type, such as hospital stays, pain management, physical therapy, chiropractic treatment, or surgery, the at-fault party (or their insurer) must pay for the costs of the medical bills.
However, it is very important to note that most of the time injured victims must turn over some or all of this money to their health insurer if the health insurer has been paying the bills prior to a settlement or damage award. If you do not have health insurance, typically the medical provider must be reimbursed directly.
2. Lost wages
Compensation for lost wages or lost income is another aspect of a damages award in a personal injury case. This includes payment for any work that you had to miss because of the injury or because of treatment for the injury. If you were able to take vacation days or sick time, you should be compensated for the loss of those days. If you are permanently unable to work due to your injuries, then the lost wages that you would have made over the course of a lifetime may be required to be paid by the at-fault party or their insurer. The same is true if you have been disabled in some way that will reduce your future ability to earn, even if it hasn’t taken away that ability entirely.
3. Pain and suffering
Physical pain and suffering and mental pain and suffering are types of damages recoverable in personal injury claims. The tendency of juries to award large damages for pain and suffering, especially when it comes to significant injuries, is one thing that makes insurance companies inclined to settle a case. When negotiating a claim, insurance companies will often employ techniques like a “pain multiplier” in order to try to arrive at a fair and reasonable number for pain and suffering damages. This involves multiplying actual financial losses (medical bills and lost wages) times a number that the insurer deems appropriate (usually, between 1 1/2 and 5).
4. Punitive Damages
Pursuant to Kentucky statute (KRS 411.184), punitive damages are recoverable when one caused damages to another when acting with oppression, fraud or malice. Punitive damages, although paid to the plaintiff, are not intended to make the plaintiff whole. Instead, their purpose is to punish the at-fault party for particularly egregious wrongful behavior.
Percentage of Fault in a Louisville Personal Injury Claim
The extent that each person or entity is at fault is the most important factor impacting how much the insurance company is likely to pay to settle your personal injury claim. Fortunately, Kentucky is a pure comparative negligence state. States like Kentucky that recognize pure comparative negligence allow individuals to collect for damages even if they are 99 percent at fault. However, the amount of damages is limited by the party’s actual degree at fault. So if a person is determined to be 99 percent at fault, they can still collect 1 percent of their damages under a pure comparative negligence system.
Determining fault for an accident is not an exact science, but in most claims both you and the insurance adjuster will at least have a good idea whether the insured person was entirely at fault, if you were a little at fault, or if you were a lot at fault.
The Type and Severity of Injuries in a Louisville Personal Injury Claim
If you have sustained a Louisville personal injury claim, the type and severity of your injuries will always directly affect the value of your claim. The more severe your injury, the more valuable your claim. In theory, that seems obvious. In reality, however, there is much more that goes into determining your settlement amount.
The way your injuries affect you also plays a role in determining the value of your claim. Can you perform everyday activities like walking, talking, eating, and driving a car? Did you have to have surgery? What is your recovery time? Will you be able to return to work? Has your relationship with your spouse been affected? Be sure to also disclose all pre-existing injuries or conditions to your lawyer as such may impact the value of your claim as well.
Your age will also come into consideration to some extent in determining the value of your claim. Very young victims and very elderly victims may receive a higher jury verdict or settlement due to sympathetic feelings towards innocent children and elderly people. Along with your age, your anticipated life expectancy, and the number of years that you would otherwise be expected to continue working are also factors.
If the other party is liable for your injuries, you will be entitled to compensation for your out-of-pocket medical costs and your future medical expenses.
While this post covers most of the factors considered when evaluating the value of a Louisville personal injury claim, personal injury claims can be complex. As such, it is always a good idea to contact a Louisville personal injury attorney when you are considering pursuing a personal injury claim.
Why Can’t I Negotiate With The Insurance Company Without A Lawyer?
Do you ever get the feeling that the insurance company may be hiding information from you during the injury claim process? That is because they are. In this post, I cover the biggest secrets the insurance companies do not want you to know about your injury claim.
The First Offer is Not the Best Offer
Always remember the first offer made by insurance companies will almost never amount to the most they will be willing to pay you. They say that in a negotiation the one who offers the price first always loses because they never get that price and have no information to negotiate with. The final offer you settle on can often be much larger than the first offer so long as you take the time to negotiate with the insurance company.
You Can Make a Demand for the Policy Limits
Insurance companies do not want you to know their insured’s policy limits. In Kentucky, insurance companies are not even required to disclose this information to you. However, if a lawsuit is filed against their insured (the alleged at-fault driver), the insurance company will eventually have to disclose the policy limits. Due to this, before filing a lawsuit, it is recommended you make a demand for the policy limits and see how the insurance company responds to the demand.
Denied Liability Does Not Mean the Case is Weak
Even if an insurance company initially denies liability in your injury case and offers no money to you to settle the case, it does not mean you have a bad case. In these cases where liability is initially denied, it is likely a lawsuit will have to be filed. I can personally think of numerous cases I have handled that eventually settled for a significant amount of money after liability was initially denied by the at-fault party’s insurer.
Filing a Lawsuit Could Result in More Compensation
if you sue the insured you may get a higher offer on your case. Sometimes the best move is to settle early, but sometimes the insurance company is holding out on you or denies liability, and filing a lawsuit is the right way to go. Many times, an insurance company will make a higher offer at some point after a lawsuit is filed. Insurance companies are in the business of making a profit. Sometimes if they can avoid paying a defense attorney to defend their insured and racking up large legal expenses, it may make more sense for them to make a higher offer on your case. Eventually, during the litigation process, insurance companies must also consider if they are exposing their insured to a potential judgment in excess of the policy limits. This risk may also make the insurance company make you a better offer.
You Do Not Have to Give a Recorded Statement to the Other Party’s Insurer
Fifth, remember you do not have to give a recorded statement to the at-fault party’s insurance company. If you give a recorded statement to the at-fault party’s insurance company, it can be used against you in future legal proceedings in your case. It is highly recommended that you at least consult with an experienced personal injury attorney before ever considering giving a recorded statement.
Contact an Experienced Attorney for Help Dealing with Insurance Companies
Dealing With The Insurance After An Auto Accident In Louisville
When you find yourself in a post-crash scenario in Louisville, KY, your first thought might not be about insurance adjusters. Of course, your health and well-being should always be the top priority. That being said, you need to be prepared to deal with insurance adjusters soon rather than later. These professionals play a crucial role in determining your compensation. Here are four things that injured car accident victims in Louisville should know about insurance adjusters:
- Know the Role of the Insurance Adjuster: Understand that adjusters work for the insurance company—not for you and your family. What is their goal? Their objective is to minimize payouts. That is it. Be prepared to advocate for yourself.
- Say Less—Beware of Recorded Statements: Always be cautious about what you say to adjusters. Avoid providing a recorded statement without consulting a Louisville car accident attorney, as it may be used against you later.
- Do Not Agree to Settlement of Your Claim for Less: Do not feel pressured to accept a lowball offer. Hold out for a fair settlement that accurately reflects the damages you have incurred in the car accident.
- Work Through a Louisville Car Accident Attorney: Enlist the help of a skilled Louisville car accident attorney to handle negotiations on your behalf. Your lawyer will be your guide through the legal maze and fight for the compensation you deserve
Personal Injury Attorneys In Kentucky
For years Tate defended insurance companies against claims brought by injury victims. As a result, he knows how insurance companies handle these claims. He uses that experience to maximize his clients’ settlements and financial recoveries. Tate and his team fight for injured victims so they can recover the compensation they deserve.
The heartbreak and trauma left behind after a personal injury are horrible, but you and your loved ones should not have to continue losing. We will fight for justice to win back the parts of your life that were lost – and we refuse to back down until you get paid.
MEAGHER INJURY LAWYERS ONLY COLLECT LEGAL FEES WHEN WE WIN YOUR CASE
Going through an accident is stressful. You should never have to worry about the cost of hiring a personal injury attorney after a serious crash. That’s why Tate doesn’t collect legal fees unless he wins. At Meagher Injury Lawyers, our commitment to you is simple: we only collect legal fees when we secure financial compensation on your behalf. Our Louisville, KY car accident lawyers prioritize your well-being and fight for your rights. We will handle your auto accident claim on contingency. Initial consultations are free and fully confidential.