Kemper Law Office
Personal Injury FAQ
Navigating a serious personal injury claim requires more than just filling out forms; it requires an understanding of the specific statutes that govern your recovery. Because I focus on a selective caseload, I prioritize ensuring my clients are the most informed people in the room. Below is a list of Personal Injury FAQ for Kentucky and Indiana.
The “Kentuckiana” Difference: Kentucky vs. Indiana Law
If you live in Louisville but were injured in Southern Indiana, or vice versa, the value and timeline of your case change the moment you cross the bridge.
| Topic | Kentucky (The Bluegrass State) | Indiana (The Hoosier State) |
|---|---|---|
| Fault System | Pure Comparative Fault: You can recover damages even if you are 99% at fault. Your award is reduced by your percentage of blame. | Modified Comparative Fault: If you are found 51% or more at fault, you are barred from recovery. |
| Medical Recovery | Sticker Price Rule: Full billed medical charges may be recovered. | Actual Paid Rule: Recovery often limited to amounts actually paid. |
| General Deadline | 1 year from injury or discovery | 2 years from injury |
| Car Accident Deadline | 2 years (or last PIP payment) | 2 years from accident |
| No-Fault Benefits | $10,000 PIP standard regardless of fault | Not a no-fault state; negligence must be proven |
How much does a personal injury lawyer charge?
I handle all cases on a contingency fee basis. This means I never charge any fees unless I secure compensation on your behalf. As a result, I discuss the specific fee arrangement and handling of case costs clearly before representation begins so there are no surprises.
Why don’t you take every case?
Unlike high-volume “settlement mills,” I focus on cases that require careful investigation and medical development. By being selective, I can work your case harder and provide the direct, attorney-level interaction that serious litigation requires. However, the cause of accidents I represent range from car accidents, truck accidents, slip and falls, and unique personal injuries with difficult constitutional issues.
Personal Injury Faq: Determining Case Value & Damages
How much is my injury case worth?
Case value is never a “guess.” It depends on your long-term prognosis, medical expenses, lost income, and permanent impairment. I ignore online calculators and instead focus on medical documentation and expert evaluation to determine the true impact on your life. The value also changes depending on whether the case is a car accident, slip and fall, or medical malpractice action.
What if the at-fault party is uninsured?
If the responsible party lacks insurance, we file a claim under your own Uninsured Motorist (UM) coverage. Kentucky law requires this coverage in all auto policies to protect you in exactly this scenario.
How are medical liens handled?
Our office coordinates directly with hospitals and insurers to manage liens. Using Quantum Meruit and fairness principles, I negotiate these bills to ensure the maximum amount of your recovery goes to you, not just the providers.
Personal Injury Faq: The Litigation Timeline
How long will my case take?
Serious personal injury cases often take 12 to 24 months. While some cases resolve early, those involving life-altering injuries require time for medical treatment to stabilize so we can understand the full future health impact. Rushing a case often leads to leaving money on the table. Car Accident and Truck Accident Cases have two year statute of limitations while other personal injuries must have lawsuits filed within one year. Therefore, my cases may take longer than the billboard firms since my goal is to maximize the value of your claim.
What is expected of me during this time?
Your role is to focus on recovery. I ask my clients to follow all medical recommendations and stay engaged with me regarding their treatment progress. I handle the legal burden, investigation, and strategy so you can focus on healing.
Still have questions about your specific situation?
I offer an honest, no pressure case review for families in Kentucky and Indiana. The goal is clarity, not a sales pitch.
KEMPER LAW OFFICE