Injured in Kentucky While Visiting From Out Of State
Whether they are in town for business or to see family on Thanksgiving, Christmas, New Year’s Eve or any other holiday, people travel safely through Lexington, Louisville and all over Kentucky every day, but a small minority of those travelers get involved in auto accidents and suffer serious injuries. Of course, you’ll want to report your accident and injuries to your auto insurer right away. The fact that you were in an accident and suffered serious injuries and property damage through the fault of somebody else in another state is irrelevant. Your policy extends across the United States.
Your property damage is likely to be taken care of with your collision coverage, but there’s an issue that arises in the context of pursuing your personal injury claim.
Kentucky has Jurisdiction
You probably want to take legal action against the drunk guy who ran a red light and put you in the hospital, but you live in Boise, Idaho or Los Angeles. The law won’t allow you to file your lawsuit in Idaho or California though. Only Kentucky has jurisdiction to hear your case. Not only do you need to file your lawsuit in Kentucky, but for purposes of venue, you also need to file it in the county where the accident occurred. To make matters even more confusing, personal injury laws aren’t uniform across the United States. The law on an issue in Idaho might not be the same law on the same issue in Kentucky, and an attorney in Idaho probably isn’t an attorney in Kentucky either.
Don’t Give a Statement to the Opposing Insurer
Before you contact us, the opposing insurer might contact you “just to check on your condition.” Then the individual who contacted you will ask for a statement for purposes of “firming up liability.” Liability won’t be “firmed up” with that statement. In fact, the insurer will try to use your own words from your statement to try and push off liability for the crash over onto you. That’s the real purpose of obtaining a statement from you.
Kentucky law doesn’t require you to give any kind of statement to an opposing insurer. Politely refuse to give one.
Don’t Waive Your Rights
So what should you do? The law doesn’t require you to waive compensation just because you’re an Idaho resident who was injured in Kentucky. You can contact us to arrange for a free consultation and case review. If you want to retain us, we’ll prepare your retainer agreement and medical authorizations for signature and return. The law doesn’t allow us to represent you on a contingency fee basis without a written retainer agreement, so when we receive those signed documents we can start the formal legal work on your case. Given the benefits of technology, you might not even need to return to Kentucky again unless there’s a trial. Most cases are settled without a trial.
Contact a Kentucky personal injury lawyer today
We’re experienced, efficient and effective Kentucky personal injury lawyers. We’ll try to make your participation in your case as easy and convenient as possible. Don’t sit on your rights. Witnesses can disappear, evidence can be destroyed and a person’s recollection of events can get fuzzy over time. Contact us to arrange for that free consultation and case review. We won’t even charge any legal fees unless we’re retained by you and obtain a settlement or verdict on your behalf.
