Residents of Owensboro and Western Kentucky injured in car accidents, falls and other mishaps have a right to seek compensation for medical bills and other expenses if someone else caused the injury. Insurance companies will try to pay as little as possible to resolve an accident claim, but you can demand full compensation with experienced legal help.
It takes Kentucky Courage to stand up for your rights and demand the compensation you are due after being injured by someone else’s negligence. The Owensboro personal injury attorneys at Morgan, Collins, Yeast & Salyer have the Kentucky Courage – plus the legal skills and experience – to stand with you and fight for maximum compensation for you.
Get experienced legal help if you have suffered serious injuries someone else caused. Schedule a free consultation with an Owensboro injury attorney at Morgan, Collins, Yeast & Salyer to explore all of your legal options. Call us at (877) 809-5352 or contact us online today.
Types of Cases We Handle in Owensboro, KY
By law, you have a right to seek compensation for losses you sustained through no fault of your own in an accident. Most accident claims are paid through insurance held by the party at fault. Nothing can change what has happened to you. But a proper insurance settlement provides some financial security and ensures that the accident does not cause you lasting financial injury, as well.
The attorneys at Morgan, Collins, Yeast & Salyer develop solid cases that compel insurance companies to pay maximum compensation to our unjustly injured clients.
Types of Accident Claim Most Often Handled on Behalf of Kentuckians
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Maritime injuries
- Slip and fall accidents
- Dog bites
- Product liability claims
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Wrongful death
‘Damages’ We Can Recover for You in a Personal Injury Claim
Every case is different, and it is not possible to say ahead of time how much a claim may recover in compensation.
List of Compensations for Personal Injury
- Medical expenses
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
Punitive damages, which are meant to punish the wrongdoer and set an example, may also be available but are rarely awarded in Kentucky. Punitive damages require the injured plaintiff to present proof by clear and convincing evidence that a defendant acted with fraud or malice.
When Kentucky juries consider a personal injury claim, they must also consider the state’s comparable fault doctrine. This rule requires that, after deciding what compensation the plaintiff should have, the jury must consider the plaintiff’s contribution to the accident. Any fault on the plaintiff’s part is expressed as a percentage such as 10% or 25%, for example, and the jury award is reduced by that amount.
This means that if you were injured in a car accident caused by a drunk driver, but you were speeding at the time, your final award could be reduced. If you slipped and fell in a spill in a grocery store that should have been cleaned up, but you didn’t see the puddle because you were looking at your cell phone, your jury award would likely be reduced.
Because Kentucky follows a “pure” comparative fault doctrine, a plaintiff can be judged more than 50 percent at fault and still receive a portion of the original jury award. In other states, plaintiffs determined to be more than 50% at fault are barred from recovering damages.
Most personal injury claims are settled outside of court through negotiations.
How Can a Kentucky Personal Injury Lawyer Help Me?
As your personal injury attorneys in Owensboro, KY, our objective will be to ensure that you are made financially whole and that you receive additional compensation for the injustice of the suffering you have endured. We will identify all parties responsible for the accident you have been injured in and work to hold each other accountable.
Important Things our Legal Team will Investigate and Determine on your Case
- Any and all parties at fault for your injuries
- The extent of your injuries and the prognosis for you to recover and resume your normal lifestyle
- Your total costs and losses from the accident and injury, including ongoing costs and/or projected losses from long-term medical needs or disability.
To further assist you during this trying time, we can provide referrals to medical specialists, for automotive services or other needs. We can prepare a letter for your creditors to explain that you have a legal claim pending and ask that they pause any bill collection efforts.
Common Evidence we Gather to Support Personal Injury Cases
- police reports
- medical records
- bills and receipts
- statements from witnesses
- statements from clients
Additional Evidence Obtained as Needed
- court orders to obtain data available from a car or truck’s “black box” collision data recorder
- defendant’s cell phone
- any available surveillance cameras near the scene of the accident
- reports from experts, such as medical specialists or accident reconstruction specialists
- statements from such above-specified experts
When our investigation is complete, we will submit a demand letter to the responsible insurance company outlining the evidence supporting your claim, what the accident has cost you, and the compensation you deserve. A demand letter typically leads to negotiations toward a monetary settlement.
If we cannot reach an agreement on a settlement that you find acceptable, we will file a formal personal injury lawsuit asking the court to compel the defendant to compensate you in the amount we demand.
In court and in negotiations, we would counter any false allegations of fault on your part meant to damage your case or reduce a jury award. We would seek to mitigate the impact of any irrefutable evidence that weighed against you.
There are many steps to a lawsuit. Negotiations usually continue as work on a lawsuit reveals more evidence of fault, and a claim may be settled any time before a jury delivers its verdict.
In most personal injury cases, we can reach an acceptable settlement through negotiations. If we must take your case to court, it will be a persuasive case backed by strong evidence. We will advise you about what to expect every step of the way.
Start Your Personal Injury Claim Investigation ASAP
It is good to start an accident investigation as soon as possible after the accident occurs. Physical evidence at an accident scene degrades quickly, and the memories and recollections of witnesses fade over time. In some cases, companies or individuals in possession of needed evidence will inadvertently or purposely lose or destroy it.
Kentucky imposes a very strict statute of limitations on personal injury claims, which creates a one-year deadline for filing a lawsuit. Investigations take time, and insurers and others can easily drag their feet when it comes to responding to inquiries, producing evidence, etc.
When you contact Morgan, Collins, Yeast & Salyer, we will review the details of the accident and discuss whether you have a valid injury claim. If you decide to have us represent you, we will move promptly to start gathering evidence as part of our investigation into your accident. If we can move forward with a claim for you, we will do so on a contingency fee basis, which means we will not seek a fee for our services unless we recover compensation for you.
If we obtain a settlement or a jury award for you, we will retain a previously agreed-upon percentage of the amount as our legal fee. This incentivizes us and protects you while ensuring that you can pursue a claim with experienced legal help and no out-of-pocket expense to you.
Contact an Owensboro Personal Injury Attorney Today
If you have been seriously injured in an accident caused by someone else’s negligence or wrongdoing in Owensboro or anywhere in Western Kentucky, we urge you to contact our experienced personal injury lawyers as soon as possible. The attorneys of Morgan, Collins, Yeast & Salyer are dedicated legal advocates who have fought for thousands of Kentuckians just like you who were injured through no fault of their own. Let us explain how Kentucky Courage can help make things right for you.
Phone (877) 809-6889 or reach out to us online to set up your free, no-obligation legal consultation. Contact us now.