Car accidents are one of the leading causes of head injuries in Kentucky, often leaving victims facing medical challenges, financial strain, and long-term recovery needs. When someone else’s negligence causes your injury, a personal injury claim can help you pursue compensation for these losses. Understanding how the process works—and the laws specific to Kentucky—can make a significant difference in the outcome of your case.

Kentucky Laws Governing Car Accident Head Injury Claims

Kentucky operates under a no-fault insurance system, meaning your own insurance typically covers medical expenses and lost wages after a crash, regardless of fault. However, in cases of severe injuries—such as traumatic brain injuries (TBI), concussions, or skull fractures—you may be able to step outside the no-fault system and pursue a claim against the at-fault driver.

The Threshold for Filing Outside No-Fault Coverage

Under Kentucky law, you can file a personal injury lawsuit if your medical bills exceed $1,000 or if you suffer:

  • Permanent disfigurement
  • A fracture of a weight-bearing bone
  • Permanent injury or loss of a bodily function
  • Death of a loved one due to the accident

Head injuries often meet these criteria due to their seriousness and potential for lasting impairment.

Types of Head Injuries Common in Kentucky Car Accidents

Not all head injuries present immediate symptoms, but even seemingly minor injuries can lead to long-term complications. Common examples include:

Concussions

These occur when the brain is jolted within the skull, often causing headaches, dizziness, memory issues, and sensitivity to light or sound.

Traumatic Brain Injuries (TBI)

TBIs range from mild to severe and may involve bleeding, swelling, or loss of consciousness. Severe TBIs can impact speech, mobility, and cognitive abilities.

Skull Fractures

Fractures may require surgical intervention and can lead to brain damage if untreated.

Hematomas

A hematoma is a blood clot within or on the surface of the brain that can become life-threatening without prompt medical attention.

Steps to Take After Suffering a Head Injury in a Car Accident

Taking the right actions after a crash is essential for protecting both your health and your legal rights.

1. Seek Immediate Medical Care

Even if symptoms seem minor, get evaluated by a doctor or emergency medical personnel. Head injuries often worsen over time, and medical records are key evidence in a personal injury claim.

2. Document the Accident Scene

If possible, take photos of vehicle damage, road conditions, and visible injuries. Gather witness contact information and obtain a copy of the police report.

3. Notify Your Insurance Company

Report the accident promptly but avoid giving recorded statements or accepting quick settlement offers before speaking to an attorney.

4. Follow All Medical Advice

Attend follow-up appointments, follow treatment plans, and keep all receipts and documentation related to your care.

Proving Liability in a Kentucky Head Injury Claim

To recover compensation outside the no-fault system, you must prove the other driver was negligent. This involves showing:

  • Duty of care – The other driver had a legal obligation to operate their vehicle safely.
  • Breach of duty – They acted carelessly or recklessly, such as speeding or driving under the influence.
  • Causation – Their actions directly caused your head injury.
  • Damages – You suffered measurable losses, such as medical expenses, lost income, and pain and suffering.

Evidence such as accident reconstruction reports, medical expert testimony, and surveillance footage can strengthen your case.

Compensation Available for Head Injury Victims

A personal injury claim in Kentucky may allow you to recover both economic and non-economic damages.

Economic Damages

  • Medical bills (emergency care, surgeries, rehabilitation)
  • Lost wages and reduced earning capacity
  • Ongoing care costs for severe brain injuries

Non-Economic Damages

In rare cases where the at-fault driver’s conduct was especially reckless, punitive damages may also be awarded.

Statute of Limitations for Head Injury Claims in Kentucky

Kentucky law sets a one-year deadline from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing the right to seek compensation.

For claims involving wrongful death from a head injury, the deadline is generally one year from the date of death or the appointment of the estate’s personal representative.

Why Legal Representation Matters in Kentucky Head Injury Cases

Head injury claims are often more complex than other car accident cases due to the medical and legal challenges involved. A skilled Kentucky personal injury attorney can:

  • Gather and preserve evidence before it’s lost
  • Work with medical experts to document the severity of your injury
  • Negotiate with insurance companies for a fair settlement
  • Represent you in court if necessary

Insurance companies often attempt to minimize payouts by disputing the severity of a head injury or its connection to the crash. An attorney can protect you from these tactics.

Preventing Head Injuries in Car Accidents

While not every crash is avoidable, certain measures can reduce the risk of serious injury:

  • Always wear your seatbelt
  • Adjust head restraints properly
  • Avoid distracted or impaired driving
  • Maintain a safe following distance
  • Drive at safe speeds, especially in bad weather

Conclusion

Head injuries from car accidents in Kentucky can have life-changing effects, from medical complications to financial strain. Because of Kentucky’s no-fault laws and strict filing deadlines, it’s important to act quickly and strategically when pursuing a claim. By seeking immediate medical attention, gathering strong evidence, and working with an experienced attorney, you can improve your chances of securing fair compensation and protecting your future.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.

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