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Frequently Asked Questions
Disclaimer: The
information contained in this FAQ is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to a
personal injury case. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality
regarding specific information.
1. What can I do before an auto accident to prepare?
2. What should I do in the event of an accident?
3. Who do I contact after an auto accident?
4. What compensation needs to be made after an auto accident?
5. What sources of compensation can be pursued?
6. What is negligence?
7. What is comparative negligence?
8. What should I know about auto insurance?
9. What is a wrongful death claim?
10. What if the person dies before the lawsuit is brought?
11. What are the elements of a wrongful death claim?
12. Who can file a wrongful death claim?
13. When must a lawsuit for wrongful death be filed?
14. What kind of damages are recoverable in a wrongful death claim?
15. How is Curt Davis Law Office paid and how much does it cost?
1. What can I do before an auto accident to prepare?
Get auto insurance and keep proof of it in your car at all times.
Wear your seat belt and keep your kids belted in and away from any active airbag. RETURN TO TOP
Don't drink and drive. Over 50% of the fatal accidents in America involve someone intoxicated.
Punitive damages are allowable in Kentucky against drunk drivers.
Know how to drive your vehicle. The sport utility vehicles, for example, have much
higher centers of gravity. They tip over easier than our old cars ever did. Some of these vehicles can turn over at speeds as low as 35 mph by turning the steering wheel too quickly. Know
your vehicle. RETURN TO TOP
2. What should I do in the event of an accident?
As soon as the accident happens:
 Stop your car. Failure to stop can result in serious criminal
consequences.
If it's a minor fender bender with no injuries, move your car so it doesn't
block traffic.
Warn approaching traffic with flares and/or your car's flashers.
Call 911 for the police and an ambulance if anyone is injured. RETURN TO TOP
At the scene of the accident:
Do not make any statements about who caused the accident.
Be cooperative with police but limit your comments to simple facts.
If an insurance adjuster shows up at the scene, don't give any statements
and don't sign anything.
Call Curt Law Office. We have helped our clients recovered millions of dollars they deserved for their injuries. 1-800-467-5353. RETURN TO TOP
Gather information:
Who were the drivers of the vehicles involved?
Be sure to get the addresses of the drivers!
Did any of the drivers appear to be under the influence of alcohol or
drugs? (Write down who and why you think they were and who else observed that same thing.)
Were any passengers in the vehicles? Get their names and addresses!
Were any pedestrians involved in the accident? Get their names and
addresses!
Did anyone say, "I'm not hurt"?
What was the actual location of the accident?
Were there any witnesses to the accident (other than those directly
involved in the accident)? Get the names, addresses, and telephone numbers of all witnesses!
In what direction were the vehicles traveling just prior to the accident?
Was there anything "wrong" with the vehicles before the accident, such
as driving with a broken headlight at night, or with bald tires?
Was there any damage to the vehicles as a result of the accident? What
parts of the vehicle were damaged? Take pictures at the scene if you have a camera.
How did the accident occur?
Did anyone accept responsibility for the accident, such as by indicating
they were to blame. Write down what they said.
The more information you can gather, the better chance we have of winning your case. As time passes, memories tend to fade and new versions of the chain of
events are created. Putting the basic information down on paper helps later when liability for the accident begins to be examined. RETURN TO TOP
3. Who do I contact after an auto accident?
Police - It is extremely important that an accident report be filed in your case.
You should immediately call 911.
Curt Davis Law Office - If you or someone was injured, it makes sense to call
us BEFORE talking to anyone or signing anything! We have helped our clients recover millions of dollars they deserved for personal injuries. 1-800-467-5353. RETURN TO TOP
Insurance company - Most auto insurance companies require their
policyholders to promptly report every auto accident. Bear in mind that failure to provide information to your insurance company on a timely basis could result in
loss of coverage for the accident. But, you should contact Curt Davis Law Office before you go any further, and certainly before you give the insurance company
permission to record your conversation. RETURN TO TOP
4. What compensation needs to be made after an auto accident?
If you suffer a personal injury you may require medical attention and may need
rehabilitation. You may lose income. You may have sustained property damage to your car and other property. You may have to rent a car. You may lose the ability
to perform various activities of normal daily living. You may endure pain and suffering. Your ability to earn income may be impaired or destroyed. RETURN TO TOP
The law permits you to seek recovery after an accident to "make you whole again." The central concept is that you should be compensated in a manner that, as best
as the law can arrange, places you back in the same position as you were before the accident.
In addition to normal compensatory damages designed to make someone whole, in extreme cases "punitive damages" may be available if the injury was the result of
someone else's extremely reckless or irresponsible behavior. RETURN TO TOP
5. What sources of compensation can be pursued?
Personal Injury Protection (PIP) Benefits - Unless you have rejected the coverage in writing and have filed it with the Commonwealth of Kentucky, you are
covered under Kentucky's "No-Fault" law for complete payment of your medical bills, and for replacement services and/or lost wages up to a total of $200 per
week, until your benefits are exhausted. Standard coverage provides for $10,000 in benefits to each person, although additional coverage may be purchased
through your local agent. Payment of your medical bills by your own insurance carrier eliminates the need to argue with another company about who was at fault
and will greatly reduce your chances of unpaid accounts showing up on your credit report. If you were not at fault in the accident, your own carrier will recover
the money it has expended from the at-fault driver's carrier at the conclusion of the claim. To open your PIP claim, contact your agent and ask for a PIP application. RETURN TO TOP
Bodily Injury Coverage - The at-fault driver's insurance policy provides coverage for the damages you sustain as a result of an auto accident. However,
you don't expect the defendant's insurer to call and offer you a fair settlement; remember - the adjuster's job is to take care of HIS insured, not you. In you're
injured, our job is to work for YOU, not the other guy. Since the adjuster is a professional working for the defendant driver, you need a professional working for you. RETURN TO TOP
Uninsured and/or Underinsured Coverage - Most people cannot tell us what coverages they have purchased under their own policy, and you can be certain
that no one will call and tell you that there may be coverage available to you if you are hit by an uninsured driver or by someone who doesn't carry limits sufficient to
compensate you for your damages (underinsured). Insurance policies have very strict requirements which must be adhered to in a timely manner in order for a
claim to be processed. Unless you are familiar with your carrier's requirements, your claim may be denied; not because it isn't valid, but because some minor
detail was overlooked. Again, this is where it pays to have the benefit of a professional on YOUR side. If you've been hit by an uninsured driver, this could
be your only source of compensation for your pain and suffering, as well as medical bills which may exceed your PIP coverage. RETURN TO TOP
Health Insurance, Medicare and/or Medicaid - Medical bills may be paid by private health insurers, Medicare or Medicaid, and your medical providers may
bill one of these without telling you that it is doing so. If your PIP benefits have been exhausted, these provide means of continuing your treatment without
incurring a lot of medical bills. However, private health insurance companies may have a right to subrogate, meaning that you may have to pay back from a
settlement all monies that health insurer has expended for treatment for injuries sustained in the automobile accident. Medicare and Medicaid must always be
repaid in order to avoid losing your medical card and/or Social Security or SSI benefits you may be receiving. Again, having a team of professionals can make the
difference in getting a fair settlement and getting a fair settlement which has to be divided with another agency. RETURN TO TOP
6. What is negligence?
A person is negligent when he/she fails to act like the "ordinary reasonable person". Just how an ordinary reasonable person is expected to act in a particular
situation can be a gray area of the law. The determination of whether a person has met his/her standard is often resolved by a jury after presentation of evidence and argument at trial. RETURN TO TOP
7. What is comparative negligence?
Comparative Negligence comes into play when both parties have failed to reach the ordinary reasonable person standard. For example, one person was driving
too fast in a patch of dense fog on the highway and the person whom he hit with his car failed to have his vehicle lights on. In a situation where each party has some
degree of negligence in causing an accident, the responsibility to the other person is reduced by one's own degree of negligence. In the example provided, the party
traveling too fast for the conditions may be determined to bear 60% of the negligence and the party driving without his vehicle lights on determined to bear 40
% of the negligence. If the second person driving without vehicle lights would have recovered $10,000, his recovery is reduced to $6,000 because of his 40% contributory negligence. RETURN TO TOP
8. What should I know about Auto Insurance?
In our modern society, the orderly transfer of risk between the members of our society is accomplished through insurance. In exchange for a known loss
(payment of an insurance premium), the risk of a large catastrophic loss (payment of thousands of dollars for damage to our person or property) is transferred to the
insurance company through the insurance policy. RETURN TO TOP
In auto insurance, there is first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage
to your vehicle and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party
coverage is for other people, whether in your vehicle, or another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance
policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. RETURN TO TOP
In determining what Liability Limits you should purchase, you need to consider the amount of exposure that you have. As a general rule, the more property and
wealth you own, the greater your exposure is, and the greater the need for protection against claims from third parties. In Kentucky, the minimum policy
limits allowable is 25/50, which means coverage of loss of up to $25,000 per person and up to $50,000 for all injuries, which occur in a single accident. Often
the minimum liability limit is inadequate to protect all of your property and wealth. Increased limits, such as 100/300 or 300/500 are very common and can be
purchased at modest addition cost to you.
RETURN TO TOP
Your vehicle itself can be covered in several different ways.
Comprehensive coverage provides coverage for loss to your vehicle due to certain causes (such as fire, theft, vandalism, and acts of nature).
Collision covers damage to your vehicle in the event that it collides with
another vehicle of object, often regardless of whom is at fault in the event of an accident.
Both comprehensive and collision coverage may be subject to a deductible; that is, damage to the vehicle must exceed the deductible amount before the insurance
company will pay you for a covered loss. Deductibles for this coverage are available is various amounts, generally the greater the deductible, the lower the premium for the coverage. RETURN TO TOP
Most insurance policies require Notice of Loss be provided to the insurance company. When you are involved in an accident, the terms of most insurance
policies state that you must contact your insurance company and tell them about the accident. SHOULD YOU FAIL TO TELL YOUR INSURANCE COMPANY ABOUT AN ACCIDENT IN A TIMELY MANNER, THE
INSURANCE COMPANY MAY TRY TO DENY COVERAGE FOR THE OCCURRENCE.
After you have notified your insurance company of an accident, the policy will require you to cooperate with the insurance company. This means that you are
required to allow the insurance company to hire an attorney or otherwise participate in the settlement and litigation of claims against you by third parties.
This also protects you, as the insurance company will provide a defense for you in the event that you are sued as a result of your operation of a vehicle. RETURN TO TOP
Once an insurance company has provided benefits to you, such as the repair of your vehicle under collision damage coverage, you must give the Subrogation
Rights arising from the accident to the insurance company. This means that once your insurance company has "made you whole" after a loss, you must give your
right to pursue negligent third parties for compensation to the insurance company. This enables the insurance company to be "made whole" for its payment to you by
recovering damages from the negligent third party. In other words, if your insurance company pays you for damages incurred in an accident, which was not
your fault, you give them the right to sue the party at fault, and you give up that right. RETURN TO TOP
9. What is a wrongful death claim?
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant(s), and that the surviving
dependents or next of kin are entitled to monetary damages as a result of the defendant's conduct.
Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was
reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To
correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state
jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."
If you believe you have a valid claim for the wrongful death of a family member, call Curt Davis Law Office. We have helped our clients recover millions of dollars
they deserved for injuries and wrongful death claims. 1-800-467-5353. RETURN TO TOP
10. What if the person dies before the lawsuit is brought?
In Kentucky, as in many other states, a "survival statute" preserves a victim's cause of action against a defendant after the victim dies. The estate or surviving
next of kin assume the victim's cause of action against the defendant until the matter is settled or tried.
In contrast, a wrongful death claim is a new cause of action, which arises from the victim's death, and is brought by the surviving next of kin or dependents of the deceased victim.
For example, Victim, (married with two children) is injured in a severe automobile accident, caused by the negligence of Defendant. Victim is hospitalized and sues
Defendant. Before Victim's case is heard, Victim dies as a result of the injuries sustained in the auto accident. Victim's surviving spouse or next of kin may "step
in" and pursue Victim's claim against defendant. The surviving spouse and children may also be able to pursue a separate wrongful death claim against Defendant for
their damages incurred in Victim's death. While these claims are separate, they are frequently consolidated together by the court before trial. RETURN TO TOP
11. What are the elements of a wrongful death claim?
Generally, the death was caused, in whole or part, by the conduct of a defendant who was negligent, or strictly liable, for victim's death and there is a surviving
spouse, children, or other next of kin and monetary damages have resulted from the victim's death. RETURN TO TOP
12. Who can file a wrongful death claim?
Generally immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim. RETURN TO TOP
13. When must a lawsuit for wrongful death be filed?
A claim, even a valid claim, may be denied if it is filed after the statute of limitation has run out. If you believe that you may have a valid claim for wrongful death, it is
important that you call us at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early filing may be an absolute necessity
in order to preserve evidence, locate witnesses, or to get the proper parties before the court that we may need to win your case. RETURN TO TOP
14. What kind of damages are recoverable in a wrongful death claim?
The following damages may be recovered in a wrongful death action in Kentucky:
Funeral expenses are recoverable by victim's estate.
Destruction of victim's earning power is recoverable by his estate.
Loss of affection and companionship for a minor child is recoverable by
the surviving parent.
Loss of relationship of a parent is recoverable by the surviving minor
children.
Punitive damages in certain cases. RETURN TO TOP
15. How is Curt Davis Law Office paid and how much does it cost?
All accident/injury cases are taken on a "contingency" basis. This means that our fee is derived solely from a percentage taken from a settlement or jury award. For
automobile injury cases this percentage is usually 33 1/3%. It can vary, however, in certain types of cases. At no time will you be billed for legal services. We don't
get paid unless you get paid.
We will advance all the costs of litigation. At no time will you be asked for money. We will collect their costs and our fee from the settlement or injury award. RETURN TO TOP
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