Pikeville Car Accident Lawyer

If you or a family member has tragically been injured or someone has died in a car crash, you may be entitled to compensation for your losses through insurance or a lawsuit. However, Kentucky laws are complicated, making mistakes can be costly, and insurance companies and their attorneys will try to deny claims or pay out less than you deserve. Fortunately, you don’t have to fight for your rights alone. There is help available from a Pikeville car accident lawyer at The Johnson Law Firm. When you work with attorney Billy Johnson, you are represented by a tough lawyer who is both a Super Lawyer and a Million Dollar Advocate. He is an aggressive car accident attorney who knows how to go toe-to-toe with insurance companies and get you the justice you’re entitled to.

Our Pikeville car accident attorneys pride themselves on serving the legal needs of all the people in Kentucky. We have the knowledge and the experience to help you get the compensation you deserve. We receive no money until your claim is successfully settled.

For a free consultation, call 606-437-4488.

HOW MUCH CAN A CAR ACCIDENT LAWYER IN PIKEVILLE GET FOR MY LEGAL CLAIM?

There is a wide range of settlement amounts for car accident claims, depending on the circumstances of the case. Some car accident claims result in thousands of dollars in compensation, while others lead to millions of dollars in a verdict or settlement. The greater the injury and its cost, the more you will seek in a claim.

As a firm that has handled countless car wreck claims over the years, we can tell you that choosing how much to seek in a car accident claim is one of the most important parts of the process. You don’t want to ask for less than you deserve, or you’ll be taking on unnecessary costs.

Here are some examples of the damages you can demand in a car accident claim…

• Medical expenses
• Property damage
• Loss of income
• Pain and suffering (both physical and emotional).

Some of these damages are economic (medical expenses, property damage, lost income), while others are non-economic, but they are both equally important when determining how much you should seek.

Look at all of the bills you’ve received in relation to your injury. Estimate how much time at work you’ve missed (and didn’t receive payment for) and consider how your injury will affect your income in the months and years to come. This will give you a good baseline for how much to demand in a claim, but it’s by no means all you should expect.

The pain and trauma you’ve experienced are also recoverable in a car accident claim in Kentucky. Though these damages might seem less cut and dried than financial damages, attorneys with experience in car accident claims know what an injured person can reasonably demand.

• Pain and suffering
• Loss of consortium, companionship, and enjoyment of life
• Mental anguish and emotional distress
• Disability
• Wrongful death.

Kentucky does not impose a cap on most damages in personal injury or wrongful death claims, so you could receive as much as your lawyer can win on your behalf. However, there is a cap of $750,000 on non-economic damages in many personal injury lawsuits.

In some rare cases involving a defendant’s gross negligence or malicious intent to harm, you may also receive punitive damages. These are intended to punish the at-fault party for conduct considered especially outrageous or egregious and deter others from acting similarly.

Contact our Pikeville car accident attorneys to find out how we can help. Call 606-437-4488 or fill out our online contact form to schedule a free consultation.

Why Choose Our Pikeville Car Accident Lawyers?

Our Kentucky car accident lawyers know how to fight for your rights.

If you or someone you love has been involved in a car accident, it can make a tremendous difference to have an experienced Pikeville car accident lawyer on your side from the start.

When you contact Johnson Law Firm, our legal team will:

• Meet with you to discuss the individual circumstances of your case to determine the best way to proceed and estimate what your case is worth so we can argue your case more effectively.
• Investigate the accident and gather evidence. This may include videos and photographs from traffic cameras and police, ambulance, doctor, and hospital records and reports.
• Interview witnesses and first responders
• Hire experts to reconstruct the accident and testify on your behalf as to fault and experts to verify the effects of your injuries on your life and how they will affect your future.
• Deal with insurance companies. Insurance companies are out for their own profit and will attempt to get you to settle your case quickly for less than it is worth and use statements you make against you. Our lawyers are aware of insurance company tactics, and will aggressively negotiate for a fair settlement. Insurance companies are more likely to take your case seriously if they know you have an attorney on your side willing to bring a lawsuit.
• Take your case to court. If an agreement with insurance cannot be reached, we will take your case to court if necessary. We will be there at every stage of the legal process, from filing pretrial motions, to presenting evidence and making closing arguments, to filing an appeal if appropriate.

Call attorney Billy Johnson today at 606-437-4488 so that you have an advocate on your side. Take action now to prevent costly mistakes while evidence is fresh and witnesses can be found. The actions you take now can have far-reaching effects on your family’s financial stability in the future.

Slide Share: Injured in a Car Wreck in KY

HOW IS THE AMOUNT OF DAMAGES I RECEIVE DETERMINED?

We approach each client’s case differently, but we always make sure we know how much you deserve in a claim. Many variables go into your claim, and your attorney must perform a comprehensive investigation of all the facts before sharing the value of your case with you. Some of the elements to that investigation include:

• A complete review of your medical records
• Understanding how long your medical treatment (or rehabilitation) will last
• Injuries to any passengers in your vehicle and the extent of those injuries
• The value of the damage to your vehicle and any personal property that was in it at the time of the wreck
• Who – in addition to the negligent driver – might share the blame for your accident, and their responsibility for compensating you. If there are multiple parties involved, they all may have insurance and assets that can go toward a settlement
• Whether there is a wrongful death involved
• And other elements to the accident and your injuries.

The factors listed above are just a few of the reasons why you should never accept an insurance company’s initial settlement offer – no matter how attractive it might look – before speaking with a seasoned Pikeville car accident lawyer.

Pikeville Car Accident Lawyers Answer Frequently Asked Questions

After a car accident, it’s natural to have questions and concerns. Here are some answers to questions our attorneys are often asked:

Are there time limits for filing a case?

Yes. According to Kentucky law (Ky. Rev. Stat. chapter 413 section 140), there is a statute of limitations, a time limit on how long you have to file a personal injury or wrongful death claim. A cause of action must be filed within one year of the date the injury or death occurred or the courts are likely to dismiss the case.

Should I call the police if I’ve been involved in a car accident?

Yes. Whether the accident is major or minor, the best way to protect yourself is to call the police, because they will write a report detailing who they think is liable for the accident. Not all property damage or all physical injuries are immediately apparent, and the more information you can collect, the stronger your claim will be. Without a police report you have little evidence to show how the accident happened – or even that it happened at all. If you think the report contains errors, it can be adjusted. Contact the Johnson Law Firm for help filing an amendment.

Should I talk to the insurance company?

No. No matter how nice insurance adjusters seem, they are not on your side.

If you’re considering hiring an attorney, it’s best to do it as soon as possible after your accident. That’s because an attorney can deal with insurance companies on your behalf. Billy Johnson knows how to talk to insurance company representatives. It’s unfortunate how insurers will look for ways to lessen or deny the payments they offer an injured person, but they will use your words against you. If you have an attorney, you can refer the representative to them and know that you won’t be doing your case a disservice.

As a general rule, you should take two different approaches, depending on the insurance company that is calling you. If it is your own insurance company, cooperate with them to the best of your ability. Answer their questions and give them information or documents they request. But if your insurance company offers you an inadequate amount, you don’t have to accept their offer. Your attorney can negotiate for more payment.

If you are contacted by anyone else’s insurance company, don’t speak to them. They want you to make a statement, and they will use it against you. Tell the insurance company representative to talk to your attorney and say nothing else. If you’re being harassed by insurance companies, call us at 606-437-4488. We can help.

What if I did something to contribute to the accident?

You may still be able to get a settlement. According to the law, (Kentucky Revised Statutes section 411.182) Kentucky is a “pure comparative fault” state. This means that the amount of damages you can recover in a car-accident-related lawsuit is reduced by the same percentage as what is determined to be your level of fault in causing the crash. For example, if it is determined that you were 10 percent at fault and the settlement was for $100,000, our attorneys could still help you collect $90,000.

What if a loved one died in the accident?

If you have lost a loved one in a car accident, you may be entitled to file a case for wrongful death. A wrongful death claim can be looked at as a personal injury case where the personal representative of the deceased seeks compensation since the deceased can no longer do so.

• Medical, hospital, funeral and burial expenses relating to the death
• Compensation for any pain or suffering that the victim might have experienced between the time of injury and death
• Loss of financial support that would have been provided by the victim
• Reimbursement for any future services that the victim normally would have provided to his or her survivors
• Loss of the victim’s parental leadership
• Loss of the victim’s companionship.

How much does it cost to hire a car accident lawyer in Kentucky?

Here’s the great news – it costs you nothing up front to hire a Pikeville car accident wreck lawyer.

At Billy Johnson Law, we work on a contingency basis, so no out-of-pocket money is required to file your lawsuit. We get paid only when you get paid. If you win a financial settlement, your attorney fees are paid by the guilty parties. In the event that your claim is unsuccessful, then you owe us nothing.

What areas of Kentucky do you cover?

Although our offices are in Pikeville, the seat of Pike County, our personal injury attorneys are pleased to serve clients located in towns and cities all across the state of Kentucky. In fact, Billy Johnson has handled litigation in other states and has been named a Super Lawyer by U.S. News & World Report, as well as an American Trial Lawyers Association Top 100 trial lawyer. His decision to enter into personal injury law was deeply rooted in his compassion for others. He welcomes the chance to help you. Give him a call at 606-437-4488.

CAN A PIKEVILLE CAR ACCIDENT ATTORNEY TELL ME WHETHER I HAVE A POTENTIAL CLAIM?

Yes, we can. We know what to look for, and there are tell-tale signs that signal a potential claim. The first clue is that the other driver’s insurance company will likely be camping out at your door shortly after the accident. Not really — it just seems that way. Companies that insure negligent drivers who cause accidents that injure others try to settle with the victims quickly – and for pennies on the dollar. Once they call, you must protect yourself and first speak with a seasoned car wreck lawyer before making any decisions about settlement offers.

Another huge clue is the police accident report. You can be certain that if you were injured, the police responded. Within a business day or two, the officer will file an accident report. You need to get a copy of it ASAP. It will have a preliminary cause of the accident, or a detailed narrative which paints a picture of what happened. This document is vital for any injured victim who must file an insurance claim to pay for medical bills, lost income during recovery, and pain and suffering, to name three of the legal damages the insurance company of the negligent driver must pay.

SHOULD I EXPECT A SETTLEMENT OR A TRIAL?

Most car accident claims are resolved through settlement, which happens when both sides agree to an amount before a trial is needed. The settlement process usually involves extensive dialogue between the legal representatives of both the defendants (the at-fault parties) and the plaintiff (the injured person). Settlements still involve significant fact-finding and case-building to show the defendants and their representatives that the plaintiff’s case is strong.

If no settlement is reached, the dispute will go to trial, where both sides make their case in front of a jury. A jury will determine whether the defendants should be made to pay the plaintiff’s damages and, if so, how much the plaintiff is owed.

Regardless of whether a case goes to trial or is settled, we believe that preparation is the secret to a successful claim. The other side needs to know that an attorney is prepared to take a claim all the way to trial if necessary. We build each case with this in mind, so our clients can be sure that we are ready for any scenario.

GET MEDICAL TREATMENT RIGHT AWAY AFTER A CAR ACCIDENT

Even if you feel alright after a car accident, it is always a good idea to seek medical care — first to make sure there are no hidden injuries and next to document your actions in the event of later legal actions. Too often, people dismiss initial pain and then visit a doctor weeks later. Sometimes crash victims appear to be okay initially only to discover a few days or weeks later that they were seriously injured because aches and pains get worse rather than disappearing. So, for your sake, visit a doctor immediately or go to the hospital directly from the crash site. Reimbursement for medical costs is possible in a successful action.

Delaying medical treatment is not good for either your health or your chances of getting a proper legal settlement.

When you make an injury claim, NOT seeing a doctor as soon as possible makes the insurance company suspect that you don’t take your good health seriously. Then they can make the argument that if your own health and well-being is not that important to you, why should they pay the medical bills for treatment begun a few weeks after the wreck? They can even say that your treatment has nothing to do with the accident. And they may win that argument, which means your compensation claim goes up in smoke.

So protect your health AND your injury claim. See a doctor ASAP after the accident (or visit your doctor as soon as possible after you are discharged from the hospital emergency room). It’s the smart move.

Under no circumstances should you talk to an attorney representing any other parties to the accident about your medical condition. Nor should you speak to any other party’s insurance company representative before consulting with your own Pikeville car accident attorney first.

Call Billy Johnson at 606-437-4488 or fill out our online contact form to schedule your free consultation. We’ll be able to tell you more about the potential for a successful claim once we know the details of your case.

THE CAR INSURANCE COMPANIES ARE CALLING. WHAT DO I DO?

If you’re considering hiring an attorney, it’s best to do it as soon as possible after your accident. That’s because an attorney can deal with insurance companies on your behalf. Billy Johnson knows how to talk to insurance company representatives. It’s unfortunate how insurers will look for ways to lessen or deny the payments they offer an injured person, but they will use your words against you. If you have an attorney, you can refer the representative to them and know that you won’t be doing your case a disservice.

As a general rule, you should take two different approaches, depending on the insurance company that is calling you. If it is your own insurance company, cooperate with them to the best of your ability. Answer their questions and give them information or documents they request. But if your insurance company offers you an inadequate amount, you don’t have to accept their offer. Your attorney can negotiate for more payment.

If you are contacted by anyone else’s insurance company, don’t speak to them. They want you to make a statement, and they will use it against you. Tell the insurance company representative to talk to your attorney and say nothing else. If you’re being harassed by insurance companies, call us at 606-437-4488. We can help.

The accident was partly my fault. Does that make a difference?

Even if you think you are partly to blame for the accident, you should not volunteer that information. There may be crucial circumstances that are unknown to you, and you don’t want to say anything that can later be used against you. Laws about fault vary from state to state. If the accident happened in Kentucky and it turns out that you are partly responsible, the court will assign percentages of fault among all the parties and the damage award will be apportioned accordingly. This is known as a pure comparative negligence system. Neighboring states follow other systems. Differences among state laws are a good reason to contact an attorney.

Featured Article: Could We Simply Choose to Stop Having Car Crashes in Kentucky?

FREQUENT CAUSES OF PIKEVILLE CAR ACCIDENTS

The most common cause of car accidents is driver negligence. People who should be paying attention to their driving may instead be texting, eating, talking to a passenger or someone on the phone, struggling to stay awake or operating their vehicle while impaired by liquor, illegal drugs or medication. Accidents can also occur due to aggressive driving, defective parts, weather, or dangerous road conditions. Establishing who is legally responsible for a crash can be very complex and may involve multiple parties. According to U.S. Attorneys, in 2013 most accidents were caused by:

• Driver Inattention – This occurs when individuals focus their attention somewhere other than the road, whether it be a smart phone or food. Driving conditions may change rapidly, because of the weather or because of another motorist driving recklessly. Distracted driving was responsible for 39.44 percent of accidents and 135 fatal accidents in 2013.
• Aggressive Driving – A sad event: Kentucky drivers have landed in the Top Ten states with the most aggressive drivers, according to a recent study. The smartphone app GasBuddy released a study a couple of weeks ago finding that Kentucky ranks as the ninth highest state where aggressive driving is a problem. They point out that aggressive driving is the quickest way to waste gas, lower mileage by as much as 40 percent, and cause more frequent trips to the pump – and, of course, that’s not the only problem associated with aggressive driving. The methodology of the study was to determine the amount of time between “aggressive driving events” such as cutting other drivers off, hard braking (sudden stops) following too closely, and sudden acceleration/speeding, all of which are cited by law enforcement as symptoms of this dangerous driving habit.
• Failure to Maintain Proper Control – This can be caused by driver inattention or myriad other factors, but essentially means driving recklessly. This can be intentional, such as speeding, but can also refer to not controlling the car closely enough. Failure to maintain proper control accounted for 13 percent of all accidents.
• Failing to Yield the Right of Way – This behavior is easy to avoid, but unfortunately common enough to account for 11 percent of Kentucky accidents. It includes running red lights or stop signs, cutting off other vehicles, ignoring cross walks and other actions. Generally, it happens when a driver ignores the rules and laws in order to arrive at their destination more quickly, but the reality is the time saved is never worth the chance of an accident.

Roughly 19 out of 20 accidents are caused by human error. Nearly every car accident is preventable, which means that the serious injuries and deaths Kentuckians experience in these crashes should never happen.

It’s important for car accident victims to know that they don’t need to be able to identify exactly why a driver caused the accident. If you’ve been injured by a bad driver, it’s not on you to go on a fact-finding mission before taking legal action against the at-fault party. Our attorneys will do that for you.

All you need to know is that you’ve been hurt, and it was someone else’s fault. The car accident attorneys will review all the details of your case to determine the reason the at-fault driver caused your injuries. Call 606-437-4488 or fill out our online contact form to get started.

Types of Car Crash Claims The Johnson Law Firm Handles

Every accident is different in its specifics, but nevertheless they can be categorized into general groups. Crashtest.org, a site devoted to vehicle safety and accident prevention, lists a few of the most common:

• Rear-end collision – This accident generally occurs when a vehicle stops or decelerates suddenly, and the vehicle following does not have time to adjust. It is most common on stretches of road, especially highways and interstates, that include high speed limits, and when the following car is too close.
• Side-impact collision – These collisions are most common at intersections when a vehicle tries to beat a red light. The collision occurs when two vehicles are driving perpendicular to one another, and one hits the other on the side.
• Sideswipe collision – Most times considered a minor accident, this accident occurs when two vehicles are driving next to each other and collide.
• Rollover – This is one of the most dangerous types of collisions and occurs usually when a vehicle drives too quickly through a turn. The vehicle often lands on its side or roof, but at times may completely flip, dangerously whipping the occupants around, as well as any unsecured items in the vehicle.
• Head-on collision – Occurs when two vehicles are driving toward each other and collide. This accident is often fatal.
• Single-car accident – This sort of accident occurs when the driver of a vehicle, for a variety of reasons, loses control and runs into another object or leaves the roadway.
• Multiple-vehicle pile-up – These accidents generally happen when a line of vehicles is driving quickly in the same direction and there is a sudden stop. These often occur when there is low visibility and the following vehicles don’t see a stoppage in front of them.

Single-Car Crash

Even if you were injured in a crash that didn’t involve another vehicle, that doesn’t mean you don’t have a claim. There are a number of reasons someone might file a “third-party defendant” claim, which could include, for example:

• A vehicle swerved into your lane, causing you to run off the road or to hit an obstacle such as a telephone pole or parked car. Or a car being towed was somehow detached from the tow truck in front of you and you could not stop before hitting it.
• Pothole Accidents – Formed during the winter when water seeps into the pavement, freezes, and then expands, the rising temperatures thaw the water and cause the asphalt to break apart under the weight of constant traffic. The gaping hazard left behind can wreak havoc on cars, trucks, motorcycles, and even bicycles. Potholes can be in the passing lane of a 70 mph highway or in the street in front of your house. They may measure several inches deep and just as wide at first, but can quickly extend to several feet with rain. They can knock vehicles out of alignment, puncture a tire, crack an axle, bend a wheel, and more. Hitting one can cause drivers to lose control of their vehicle and get in a wreck.
• A road construction crew failed to properly warn of hazards it created which could have caused your accident.
• If your car was improperly repaired, or has a defective part which caused your car wreck, the service company that repaired your vehicle, or the manufacturer of that defective part, may be at fault and thereby the negligent defendant which caused your accident.

The Johnson law firm will conduct a thorough investigation to reveal any and all defendants who had a hand in your car wreck, whether it was a single-car wreck or involved multiple vehicles. We can tell you from our years of handling car accident cases in Pikeville that single-car crashes can happen for many reasons, and there is often someone other than the driver who can be held responsible for these crashes.

Call 606-437-4488 or use our online contact form to schedule a free case evaluation with the Johnson Law Firm. There is no cost in exploring your legal options with our firm. We want to help you find the best path to getting the payment you’re entitled to.

CONTACT OUR PIKEVILLE CAR ACCIDENT LAWYERS TODAY

The Pikeville, KY car accident lawyers at the Johnson Law Firm have extensive experience with the court system and insurance companies. Billy Johnson has represented vehicle accident victims throughout Kentucky, as well as in other states. He can help determine responsibility, establish your claim, and earn you financial compensation. The Johnson Law Firm offers prospective clients an initial case evaluation for free, in person or over the phone.

Contact us by calling 606-437-4488 or by filling out the online form..