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How long does a personal injury claim take in Kentucky?

On Behalf of | Oct 5, 2023 | Car Accidents, Injuries, Personal Injury |

The truth is that there is no definite number of days. Personal injury claims are unpredictable because each case is unique. They can take months or years to settle. It also depends on your goals. Generally, the more compensation you want to recover, the longer it will take.

However, if another person’s negligence or misconduct caused you to sustain severe injuries and damages, a personal injury claim may be your only chance to hold the person accountable. You must immediately consult with an experienced attorney to speed up the process.

What are the elements of a personal injury case?

Establishing the four basic elements is one of the first steps in recognizing whether you have a personal injury claim. These elements can also allow you to determine fault, particularly when you want to sue a negligent party for an accident. Here are the four elements:

  • A duty owed to you (duty)
  • The failure to exercise reasonable care when performing the duty owed to you (negligence or misconduct)
  • The breach of duty caused an accident (causation)
  • You sustained injuries from the accident (damages)

If you have substantial evidence to prove all basic elements exist in your claim, it can make it much easier and quicker to pursue a personal injury claim. Often, you would obtain evidence by reviewing footage and photos of the accident, retrieving eyewitness testimonies and gathering medical records. That is why going to the hospital in the immediate aftermath of a car accident is so important.

Why should you pursue a personal injury claim?

Kentucky is a choice no-fault state, meaning you do not need to establish fault to recover the economic damages you accrued from an accident, but you also have other options. The problem is when the insurance coverage is insufficient to cover all the damages. Because it is a choice no-fault state, you can opt out of the no-fault coverage and sue the at-fault party. A personal injury claim may be the only way to recover damages for the pain, suffering and income loss caused by your injuries.