Practice Areas

Car Accidents

Suffering serious injuries often leads to a great deal of financial stress. The cost of medical treatment adds up quickly, all while you miss weeks or even months of work.

Making things right for you after a car accident 

Suffering serious injures in a car accident often leads to a great deal of financial stress. The cost of medical treatment adds up quickly, all while you miss weeks or even months of work. If you have questions about navigating the claims process after a car accident, you can turn to The Powell Law Firm, PLLC, in Louisville, Lexington and surrounding areas of Kentucky.


Car Accidents At A Glance:

  • Common Causes Of Car Accidents
  • Car Accident Injuries
  • Maximizing Car Accident Compensation


Common Causes Of Car Accidents

Car accidents occur for many reasons, and some truly are freak accidents that are unavoidable. Our focus is on helping the victims of preventable car wrecks. Some of the more common causes of car accidents in Kentucky are:

  • Distracted driving, including texting while driving
  • Driving under the influence of alcohol or drugs
  • Speeding and/or reckless driving
  • Failure to stop at a stop sign or red light
  • Not adjusting for factors such as traffic or weather

If you were injured in a head-on collision, rear-end accident, T-bone accident or rollover accident because of someone else's negligence, you can rely on our firm to fight for the outcome you deserve.


Car Accident Injuries

Motor vehicle accidents often result in catastrophic injuries such as traumatic brain injuries and spinal cord injuries. These are lifelong injuries that will affect the rest of their life, requiring expensive ongoing medical treatment. We focus on making sure our clients have the compensation they need to cover past, current, and future costs of their accident-related injuries.

Motor vehicle accidents often result in serious injuries such as:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones and fractures
  • Lacerations
  • Soft-tissue injuries
  • Burn injuries
  • Internal organ damage

Some of these are catastrophic injuries that will affect an accident survivor for the rest of their life, requiring expensive ongoing medical treatment. We focus on making sure our clients have the full compensation they need to cover the past, current and future costs of their accident-related injuries.

Important: You need to get checked out by a doctor even if you feel fine after an accident. Some injuries have delayed symptoms, and seeing a doctor establishes a record of your post-accident treatment that may be crucial for your personal injury claim.


Maximizing Car Accident Compensation

Most states operate on a fault system when it comes to car accident claims, meaning the driver who causes the crash is liable for any injuries they cause. Kentucky, however, is one of only a dozen states that instead rely on a no-fault system. This means that no matter who caused the crash, each driver files a claim with their own auto insurance provider.

If injuries are suffered more than the threshold defined by Kentucky law, it is then possible to bring a claim against the at-fault driver for additional compensation. Even though the no-fault system should simplify the process of recovering compensation, this is rarely the case.

Our firm will work to identify and obtain all available insurance compensation to make sure you have what you need to cover your medical bills, your pain and suffering, your lost earnings and other damages. This includes tapping your own policy's uninsured/underinsured motorist coverage in the event you are injured by a deadbeat driver or hurt in a hit-and-run accident.


Put A Proven Lawyer On Your Side

The insurance companies are already plotting to leave you holding the bag after a motor vehicle accident. You need someone on your side fighting for the full compensation you deserve. Contact us today for a free consultation.

Victories & Results

$600,000

Car Accident
(policy limits)
Spinal Injury

$375,000

Car Accident  
(policy limits)
Mild Traumatic Brain Injury, Leg Injury

Settlement Results 

Car Accidents 

Most states operate on a fault system when it comes to car accident claims, meaning the driver who causes the crash is liable for any injuries s/he causes. Kentucky, however, is one of only a dozen states that instead rely on a no-fault system.

In Kentucky car accidents, it does not matter who caused the crash. You each file a claim with your own auto insurance provider. You can only file a claim against the at-fault driver if you suffer injuries that meet or exceed the threshold defined by Kentucky law.

FAQ

Kentucky's no-fault system allows motorists to choose between:
Carrying no-fault insurance and waiving their right to third-party compensation; and
Retaining the right to third-party compensation, but also opening themselves up to the possibility of a lawsuit
The no-fault system means that you have at least $10,000 in personal injury protection (PIP) benefits to cover your injuries after an accident. (This is true regardless of whether you waive or retain the right to sue.)


The headaches arise, however, when you suffer serious injuries that exceed the limit of this type of policy. Now, if you opted for traditional coverage (retaining the right to sue), you can file suit against the driver with no restrictions at this point. If you did not opt out of the no-fault system, you must meet Kentucky's threshold. To do so, you must:

  • Have more than $1,000 in accident-related medical bills;
  • Suffer from a serious break in a bone or a fracture of a weight-bearing bone;
  • Have permanent disfigurement stemming from the accident; or
  • Have permanent loss of a limb or body function

It is also important to note that PIP policies only cover personal injuries. This means that you will not be able to repair or replace your vehicle or any of its damaged contents unless you file a claim with the other driver's insurance company.

If you find that you need to pursue compensation from the at-fault driver after a Louisville car accident, you may want to call a qualified car accident attorney to discuss the merits and estimated value of your case.

Under Kentucky law, all motorists must carry a minimum amount of liability insurance in case they cause an accident where someone suffers serious injuries. This means the at-fault driver in your crash should have at least:

  • $25,000 per person for medical care and other accident-related costs
  • $50,000 total per accident for third-party medical care and other accident-related costs
  • $10,000 for property damage

By filing a claim based on this policy, you can collect compensation for a wide variety of damages. Often, this includes losses and damages such as:

  • The cost of medical care
  • Ongoing care costs
  • Losses associated with missed work
  • Property damage
  • Emotional damages, including pain and suffering
  • Other out-of-pocket costs related to the accident

On the surface, most car accident claims seem simple. Even many that require third-party claims do not seem overly complex. However, any time you are taking on an insurance company you can count on things not going exactly as planned.

Establishing liability in many car accident cases is more difficult than it originally seems, and insurance companies often use tactics to blame some or all of the crash injuries on the victim.

In most cases, the insurance company will actually use your own words against you. This is problematic because you do not even need to admit fault; even saying something like, "I'm sorry this happened" or "I'm OK" can be misconstrued to mean that you are sorry for causing the accident or that you did not sustain injuries.

Having a skillful lawyer in your corner makes the process go much smoother. Your lawyer can handle all communication with the insurance company, reducing the risk that you fall into one of their traps. He can also help you build a strong case to prove liability, and collect all of the evidence necessary to maximize your payout by demonstrating the severity of your injuries.

Reviews & Recognitions 

Client Testimonials 

Went above and beyond 

From the very first phone call to Scott through the entire process I was nothing but pleased at the professionalism, courtesy and prompt return calls. Abby his assistant (not sure of her title) was also very fast at returning calls, helping with expediting my lost wages paperwork. She was always very polite and professional. It was a breath of fresh air to deal with professionals who truly cared about my case and went above and beyond to make sure my case was resolved quickly and returned a better outcome than I imagined. Thank you Scott & Abby!!!!

Anonymous 

There are no words to convey how strongly I advocate for this humble and incredibly capable attorney. 

I had been massively damaged by doctor error during a surgical procedure, which required another surgery and then even a third. This communicative, interested and smiling face took all my data, sympathized greatly and eventually pursued the case. I am now just out of the resolution of an award in my favor, 3 years down the pike, something which I only dreamed might be possible. He kept me posted rigorously and I never felt out of the loop at any time, between he and what became co-counsels. He has been really magnificent. There are no words to convey how strongly I advocate for this humble and incredibly capable attorney. I would recommend him to anyone.

Steve