Winchester, Kentucky, Car Accident Attorney
Auto accidents are a leading cause of injury and death for all age groups in the United States. Unfortunately, once the accident and injury have occurred, no court system or legal procedure can undo the damage. If you are left with serious injuries and permanent effects, our system does provide for the possibility for financial compensation.
Over 30 Years of Personal Injury Experience
The Winchester, Kentucky law firm has secured damages for hundreds of auto accident victims across Eastern and central Kentucky — from rear-end and intersection collisions to highway crashes and rollovers. Contact us online or call us for direct access to an attorney.
About Your Claim for Damages
Our job as your lawyer is to get the highest amount of compensation with the least amount of risk. It isn’t as simple as making a call to a lawyer’s office and receiving a check in the mail. There is no fixed value for any particular claim or injury, or even for a wrongful death claim. The ultimate determining factor for any injury claim is what a jury will award if the matter is tried in a court of law. An insurance company for the responsible driver has no incentive to pay more than that figure. Of course, no one knows in advance what that figure will be. If it could be determined in advance, we wouldn’t need juries.
At least two things must be proven for an auto accident claim to succeed: Liability (who is at fault) and Damages (what injuries and losses have been caused).
- Liability, in Kentucky, is not an all-or-nothing proposition. Kentucky is a Pure Comparative Negligence state, meaning that a jury here can apportion liability for an accident in any percentages it feels are justified by the evidence. That means they can split it 50/50, 90/10, 60/40, or any other ratio. If you are the injured party, you may still be able to recover some part of your proven damages even if you are determined by a jury to be partially at fault. If you are the responsible party, you may escape part of the responsibility if the jury apportions the fault between the drivers.
- Damages are more difficult to explain. Obvious injuries such as broken bones, lacerations, bruises are exactly that… obvious. More subtle damages can often have the most lasting effects. Causation of the damage, when it isn’t obvious, can be a problem to prove to a jury’s satisfaction. That is where the testimony of the treating physician or other practitioner becomes necessary and a skilled attorney can best present this evidence to the jury, judge, or insurer. Financial compensation for those injuries is a matter of the jury’s determination of the sum that will fairly and reasonably compensate the injured party based on the evidence the jury has heard and believed, or in settlement negotiations, the insurance company’s assessment of what it thinks that amount is likely to be.
Determining Your Financial Needs
No one can guarantee the outcome of any injury case, either in negotiation or in a jury trial. No one can set a fixed value on your injury or case. However, before we practiced law, we worked 12 years as a counselors and directors in rehabilitation facilities in Kentucky helping clients recover from spinal injuries, traumatic brain injury, and other severe effects of auto accidents. Our medical and legal background, and access to qualified experts, helps us project your future medical needs and the associated costs of recovery.
The large majority of cases are settled through negotiation, and we have settled claims through mediation or arbitration. With 21 years of litigation experience, we are also fully prepared to go to trial when our client is willing to take the chance, or when the insurance company’s final offer is so bad that it becomes necessary. Whatever the forum, our firm is dedicated to securing the full compensation you require to recover from your physical injuries and the economic impact.
If you’ve been injured in a car wreck, give us a call to discuss what needs to be done to obtain a fair result. Contact us for a free case evaluation.