Personal Injury Claims in Kentucky
FAQ's (Frequently Asked Questions) and Overview Of Personal Injury Claims in Kentucky:
Personal Injury Cases - An Overview
The Bouldin Law Firm represents clients in the greater Cincinnati, Ohio and Hamilton County area, as well as Northern Kentucky and throughout the State, in holding other parties responsible for the pain and damage caused by their negligence. If you have been injured in an accident, you need a skilled attorney to advise you toward the most favorable outcome. There is no fee until we resolve your case. Contact our office today for a free initial consultation to assess the merits of your claim.
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Or Call Mike at Call 859 581 6453 (MIKE)
Legal responsibility, or "liability," revolves around the simple fact that most injuries happen because someone was careless or "negligent." If you've suffered an injury due to the negligence of another person, you may be out of work, overwhelmed with piles of medical bills, and in constant pain and agony. However, you may also be entitled to compensation.
Attempting to handle your personal injury claim by yourself can seem like an insurmountable obstacle.  :With the right advocate on your side, you can breathe a sigh of relief and let someone else carry at least part of your burden, allowing you to focus on your recovery, which is the most important thing. We at The Bouldin Law Firm work closely with a team of experienced doctors, pain specialist, physical therapist, chiropractors, and orthopedics to ensure that you reach maximum medical improvement.
Our firm seeks full and fair compensation on behalf of clients who have been seriously injured through the negligent or intentional acts of others. Michael W. Bouldin is an experienced and aggressive litigator, who is willing to take cases to court, and a veteran negotiator, who will settle when it is in the client's best interest. One key to our successful representation is our team-oriented structure - a senior attorney and qualified support staff are assigned to each claim, ensuring that the case is properly prepared, and that the client will receive knowledgeable updates regarding progress of the case.
The personal injury staff of The Bouldin Law Firm handles many types of personal injury claims, including:
- Car accidents, trucking accidents, boating and pedestrian accidents
- Premises liability, such as slip-and-fall accidents or dog bites
- Product liability, including unsafe products and dangerous drugs
- Wrongful death claims
Frequently Asked Questions
Q: I've been hurt in an accident and I want to file a claim for my injuries. What should I do?
A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as: 1) write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident; 2) take photographs of the vehicle and any visible injuries immediately following the accident; 3) locate people who witnessed the accident and who might be able to help you prove your case; 4) obtain a copy of the motor vehicle accident report; and 5) contact a personal injury attorney to evaluate and pursue your claim.
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was the result of someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with a lawyer as soon as you receive or discover an injury.
Q: What should I bring with me for my meeting with a lawyer?
A: You should provide a lawyer with any documents that might be relevant to your case. Police reports contain eyewitness information and details about the conditions surrounding auto accidents. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is helpful, as are any photographs you have of the accident scene, your property damage, and your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, however, don't worry; your lawyer will be able to obtain them in his investigation of your claim.
Q: What is "negligence?"
A: The critical issue in many personal injury cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like the standard "ordinary reasonable person." The determination of whether a given person has met his/her "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
Q: Will the person who caused my injury be punished?
A: Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called "punitive damages," which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest. The goal in ordering the payment of punitive damages is to discourage such defendants from engaging in the same kind of harmful behavior in the future.
Q: What can I receive if my personal injury lawsuit is successful?
A: Usually, a person who is liable for an injury and therefore his or her liability insurance company must pay an injured person for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and damaged property. You will be awarded "damages," which is money intended to restore you to the position you were in before your injury. This money is not considered income, and is not taxable as income by the federal government or the states.
Q: What is Kentucky's no-fault insurance law?
A: Kentucky's no-fault insurance law actually has nothing to do with fault. It is actually a law about how insurance benefits have to be paid in the event of an automobile accident.
Under this law, a person involved an automobile accident normally must collect up to $10,000 in out-of-pocket losses from the policy covering the car they were in at the time of the accident. As a backup, anyone except the driver of an uninsured vehicle can fall back on his or her own insurance.
Q: What is covered under this law?
A: Out-of-pocket costs are covered, including Medical bills, prescriptions, a limited benefit for lost wages, funeral bills up to $1000, and "survivors loss of services". The wage loss benefit on most policies is capped at $200 per week. Added coverage is available on request. Added coverage policies can also be "stacked". Basic coverage up to $10,000 cannot be stacked.
Q: How can I collect no-fault benefits?
A: If you are injured in an automobile accident you must first notify your own insurance company, and if you were not in your own car, the insurance company covering the car you were in. if you were a pedestrian you must contact your own insurance and, if possible, the insurance on the vehicle that struck you. These companies will then require you to fill out an application for no-fault or personal injury protection (PIP) benefits. This application must be filled out, signed, and returned to the company in order to qualify for these benefits. Additionally, you will have to fill out and sign authorizations for the insurance company to obtain medical and payroll records.
Q: Do I need an attorney to collect these benefits?
A: Many times you can collect these benefits from your own insurance company without an attorney. However, if you also may need to proceed against a negligent driver and his insurance company, you should have an attorney. In all cases consultation with an attorney is recommended. Many people believe that the insurance company's obligation extends only to PIP payments. However, you may also proceed against a negligent driver and his/her insurance company. In addition to the initial "PIP" payments, in many cases, you are also entitled to:
- Compensation for injuries or deaths
- Past and Future Medical expenses
- Property damage
- Lost wages
- Pain and suffering
Q: What about workers' compensation injuries?
A: Although Workers' Compensation is a separate area of law, persons injured on the job or at work may have a personal injury claim in addition to their workers' compensation claim. Those are usually created when a person is in an automobile accident while on the job or is injured as a result of defective machinery or equipment.
Our office is conveniently located in downtown Covington. Our staff consists of one attorney, a paralegal/law clerk and a secretary. We deal with people in a comfortable environment that ensures individual attention.
Call today 859 581 MIKE (6453) today for a FREE Consultation or to to schedule an appointment.
There is absolutely no charge for the initial consultation in a personal injury case.
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Northern Kentucky Personal Injury Attorney, Michael W. Bouldin, proudly serves Northern Kentucky, including Boone, Kenton and Campbell Counties, Kentucky which includes the Cites of Alexandria, Ft. Thomas, Newport, Independence, Fort Mitchell, Fort Wright, Crestview Hills, Crescent Springs, Erlanger, Lakeside Park, Villa Hills, Edgewood, Florence, Hebron, Burlington, and Covington.
He also serves the residents of Hamilton, Clermont and Warren Counties in Ohio.
Call 859 581 MIKE (6453)
Solo Practitioner since 1994.