Jump to Navigation

Frequently Asked Questions about Motor Vehicle Accidents

A motor vehicle accident can have a devastating impact on you and your family. If you or a loved one has been injured, contact our firm to schedule a consultation with an experienced personal injury attorney.

Information About Motor Vehicle Accident Claims

After a motor vehicle accident, victims can be at a loss about what to do next. Do you understand the difference between a property damage claim, loss of use claim or a claim for Personal Injury Protection? Most people don't since they have never had to deal with this situation before.

I am Jim Desmond, an attorney who handles only motor vehicle accidents. I enjoy what I do so it is not difficult for me to work hard at it or put enthusiasm toward your case. I am not like some attorneys who will promise you with the world and tell you sorry six months later when they can't deliver. Instead, I ask you simply for the OPPORTUNITY to show you what I can do for you and in turn, I promise you straightforward, solid legal advice.

Some information about motor vehicle accident claims appears below. Your case however, is unique. What are you waiting for? The insurance company has already started their investigation. Isn't it time for us to hit this ball out of the park? I am ready to take the swing so be the coach and make the call. I am waiting to hear from you.

Free Consultation with a Lawyer — Contact Me

For a free consultation, call me at 502-609-7657, toll free at 888-515-4246 or send an e-mail.

From my offices in Louisville, I represent clients in Kentucky and Indiana. If you can't come to my office, I will do my best to come to you.

Thank you for contacting Desmond Law Office. Your message has been sent.

Call us now

or use the form below.

Frequently Asked Questions about Motor Vehicle Accidents

Q: I have been in a motor vehicle accident. Should I go to a doctor?

A: If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly, you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.

Q: Do I have to go to court if I want to recover monetary damages?

A: Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.

Q: If the accident was my fault, can I still recover compensation?

A: Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An attorney in your state can advise you on the rules in your area.

Q: How much is my personal injury case worth?

A: Your attorney can speak with you about this, but even attorneys can’t necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence the outcome. So do your medical bills, your loss of income and the nature of your injuries. An experienced lawyer can work with you to decide whether to pursue legal action and how to proceed.

Q: How soon do I need to bring my legal claim against the other driver?

A: It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. The nature of your injuries may even change the amount of time you have to bring a claim.

Q: What if the insurance company offers me a check right away?

A: Before you accept anything — or sign anything — from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company.

Q: What if the other driver, who caused the accident, has no insurance?

A: Even though your state may require all drivers to carry a certain level of auto insurance, that doesn’t mean that everyone follows the law. This is why some states require insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this feature, then it may compensate you for some of your losses.

Q: Are there parties other than the at-fault driver against whom I can take legal action?

A: If you have been injured in a motor vehicle accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, your state’s dram shop law may allow you to hold the business liable; this varies from state to state. If a defect in one of the autos caused or worsened the accident, the vehicle manufacturer may be responsible for the injuries that resulted. Or a third party may have left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid collision. Finally, if the owner of the car driven by the at-fault driver negligently allowed the driver to use the car, the owner may be liable, too.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Back to Main

Tell Me About Your Case Here:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Office Location:

436 S. 7th Street
Suite 200
Louisville, KY 40203
Map & Directions

Toll Free: 888-515-4246
Mobile: 502-609-7657
Fax: 502-855-3166