Frequently Asked Questions in Kentucky

Accidents in Kentucky, from Lexington to Louisville to rural backroads, can leave victims and their families overwhelmed. Whether you’re recovering from injuries or dealing with the loss of a loved one, it’s important to understand your rights, available support, and how to take legal action if necessary. This FAQ page answers the most common questions asked after an accident in Kentucky to help you move forward with clarity and confidence.

How long do I have to file a personal injury lawsuit in Kentucky?

In Kentucky, the statute of limitations for personal injury cases is typically one year from the date of the accident. This is shorter than in many other states, so it’s important to act quickly. If you wait too long, you could lose your right to seek compensation. There are some exceptions, so it’s best to consult an attorney right away.

What should I do after an accident in Kentucky?

Call 911 to report the accident and get emergency assistance. If possible, exchange contact and insurance information with other parties and take photos of the scene. Seek medical attention, even if your injuries seem minor. Notify your insurance company and contact a lawyer to discuss your rights before accepting any settlement offers.

Is Kentucky a no-fault state for car accidents?

Yes. Kentucky operates under a no-fault system, which means your own insurance pays for your medical bills and lost wages regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP). You can still sue the at-fault driver if your injuries are serious or your expenses exceed the no-fault threshold.

Can I recover damages if I was partially at fault?

Yes. Kentucky follows a pure comparative fault system. That means you can still recover damages even if you were mostly at fault for the accident. However, your compensation will be reduced based on your percentage of responsibility. For example, if you were 60 percent at fault, you can still recover 40 percent of the total damages.

What kinds of compensation are available in personal injury cases?

You may be eligible for compensation for medical expenses, lost income, property damage, and pain and suffering. In cases involving long-term injuries, you may also recover damages for ongoing care or loss of earning capacity. Each case is unique, so the total amount depends on the specific facts of your situation.

How can I get a copy of a crash report in Kentucky?

Crash reports in Kentucky can be obtained online through the Kentucky State Police Public Records Portal. You’ll need the collision date, county, and names of people involved. Visit https://kentuckystatepolice.org for detailed instructions and access to request forms. Local law enforcement agencies may also provide copies of reports.

What should I do if a loved one died in a crash?

If a family member dies in a crash due to someone else’s negligence, you may be able to file a wrongful death claim. In Kentucky, the claim is usually brought by the personal representative of the estate on behalf of the surviving family. Compensation may include funeral expenses, loss of financial support, and emotional suffering. You generally have one year to file the lawsuit.

What if the other driver is uninsured?

If you’re hit by an uninsured driver, your own Uninsured Motorist (UM) coverage can help pay for your injuries and losses. UM coverage is optional in Kentucky but highly recommended. If you don’t have it, you may need to pursue a lawsuit directly against the at-fault driver. Collecting damages from someone without insurance can be difficult.

Are there any financial assistance programs for accident victims?

Yes. If your injuries prevent you from working, you may qualify for programs like Medicaid, Social Security Disability, or Temporary Assistance for Needy Families (TANF). If the accident involved a crime, you may also qualify for assistance through the Kentucky Crime Victims Compensation Fund. These resources can help while you recover or pursue a legal claim.

Should I accept a settlement offer right away?

It’s usually not a good idea to accept the first offer from an insurance company. These offers may not fully cover your medical bills or long-term needs. Once you accept a settlement, you typically can’t ask for more later. A personal injury attorney can help evaluate the offer and negotiate for a better outcome.

Can I sue a government agency in Kentucky?

Yes, but claims against government entities must follow special rules. You may need to file a notice of claim within a limited time, often as short as 90 days. Kentucky also limits the types and amounts of damages you can recover in these cases. If you’re injured by a city or state employee, talk to a lawyer immediately to avoid missing deadlines.

What if I was hurt at work?

If you’re injured while working, you may be entitled to workers’ compensation benefits. These include payment for medical treatment, lost wages, and compensation for permanent disabilities. You must report the injury to your employer as soon as possible. If someone outside your workplace caused the injury, you may also be able to file a separate personal injury lawsuit.

How long does it take to settle a personal injury claim in Kentucky?

The length of time varies depending on how complex the case is and how serious the injuries are. Some cases settle in a few months, while others can take over a year, especially if they go to trial. Your lawyer will help guide the process and keep things moving. Patience is key if you want a fair settlement.

Do I need a lawyer for a personal injury claim?

You’re not required to have a lawyer, but having one can make a big difference. A lawyer can handle communication with insurers, gather evidence, and ensure you meet legal deadlines. Most Kentucky personal injury lawyers work on a contingency fee basis, which means you only pay if they recover compensation for you.