What if I Cannot Work After a Kentucky Car Accident?
One of the most challenging effects of car accident injuries is the inability to work. If you are involved in a car accident, there is a high chance your injuries will keep you from working for a short time or quite some time. After a car accident, you will most likely have to stay home for a short time or quite some time as you recover. Being unable to go to work can affect your financial stability. Fortunately, if you cannot work after a Kentucky car accident, you may be able to recover compensation for your lost wages either through your insurance company or the at-fault party’s insurance company. It is important to speak to a qualified car accident attorney who can help you with your compensation claim.
No-Fault Insurance Benefits
Kentucky is a “choice no-fault” auto insurance state. In Kentucky, drivers can choose between no-fault and traditional tort liability coverage. Under Kentucky’s no-fault system, also called Personal Injury Protection (PIP), a driver turns to their own insurance carrier after a car accident for compensation regardless of who caused the accident. No-fault PIP coverage provides relatively quick compensation for medical expenses, lost wages, and replacement services. However, PIP does not cover the full amount of lost wages a car accident victim may endure. Basic PIP benefits pay up to $200 per week for lost wages. If your lost wages exceed the $200 limit set by your basic PIP coverage, you may face a gap between the actual income you are losing and the compensation you receive from your insurance provider.
Filing a Personal Injury Claim
If your injuries are severe, you may be able to file a personal injury claim against the negligent party and recover compensation for your injuries and damages, including lost wages. However, filing a personal injury claim means that you must establish liability on the other party’s part. Unlike with the no-fault insurance system, compensation is not automatic when you file a personal injury claim.
To establish liability in a Kentucky personal injury claim, you must prove four key elements. The following are the elements you must prove in your Kentucky personal injury claim;
- Duty of Care: First, you must show that the other party owed you a duty of care. This legal obligation requires people to exercise a certain standard of care while performing any acts.
- Breach of Duty: Second, you must show that the other party breached their duty of care. This entails acting in a manner that falls short of the expected standard of care.
- Causation: Then, you must demonstrate that the defendant’s actions caused your injuries.
- Damages: Lastly, you must demonstrate that you suffered actual damages.
In Kentucky, there are some considerations to be aware of when it comes to personal injury claims. First, while the state’s comparative negligence law allows you to recover compensation if you are partially at fault for your accident, your compensation will be reduced by your percentage of fault. Second, you must file your personal injury claim within one year from the accident date. Otherwise, you will be barred from recovering compensation.
Contact a London and Southeast Kentucky Auto Accident Attorney
Contact our London & Southeast Kentucky auto accident attorneys at Cessna & George Law Firm for legal help if you’ve been involved in a car accident.
Source:
insurance.ky.gov/ppc/Documents/nofaultbrochure051310.pdf
