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HOW DO MY
MEDICAL BILLS GET PAID AND CAN I GET MY LOST WAGES WHILE I AM RECUPERATING FROM
MY INJURIES?
If you were
injured in an automobile accident, your no-fault auto coverage (also known as
Personal Injury Protection “PIP”) will pay for certain losses up to the limit
of your no-fault protection. Our
attorneys can assist you in coordination of your no-fault benefits so that
medical bills, wage losses and even the cost of replacement services can be
paid quickly by your own insurance carrier.
In our
experience we have found that most automobile owners carry the minimum no-fault
benefit of $10,000. In the case of
serious injuries, the minimum coverage is often used up very quickly. As no-fault premiums are inexpensive, we
recommend that you check with your insurance agent to see if increased no-fault
coverage makes sense for you.
WHAT IF I
AM IN A CAR WRECK AND AN INSURANCE COMPANY REPRESENTATIVE ASKS ME TO GIVE A
STATEMENT ABOUT THE ACCIDENT?
We recommend
that you consult an experienced attorney right away. Our clients never give statements to
insurance adjusters who are present. We
also do not advise signing a release for your medical records until we have
reviewed and edited the document.
HOW SOON
AFTER I AM INJURED DO I HAVE TO BRING SUIT?
In Kentucky,
for personal injury, the statute of limitations is one year from the date of
injury or from the date you knew or reasonably should have known that a
particular event caused an injury.
In automobile
accident cases, the time to file a lawsuit is two years from the date of the
accident or two years from the date of the last no-fault payment, but in no event
more than four years from the accident date.
We advise
clients to seek legal counsel, however, as soon as possible after the injury,
as crucial evidence can be lost.
IF I FILE A
CLAIM WILL I HAVE TO GO TO COURT?
In our
experience, very few claims achieve maximum recovery without filing suit. Once litigation is commenced, however, the
vast majority of cases are settled before trial. It is generally necessary that most claimants
submit to a deposition.
A deposition
is an examination taken under oath before a court reporter at our office. At Dykeman & Rosenthal our attorneys will
prepare you for your deposition and instruct you regarding every aspect of your
testimony. We have found that when our
clients have been made ready to testify at their depositions, the settlement
value of the case is increased dramatically.
In the rare
circumstance that your claim does go to trial, your deposition will have proved
an excellent rehearsal for your participation in your case. If a trial becomes necessary, our years of
experience which includes teaching other lawyers how to try lawsuits, allow our
firm to provide you with skilled and persuasive advocacy.
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