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May 16, 2008

Frequently Asked Questions

Below are some initial questions many clients have when they first contact Daryl T. Dixon. The questions below may address many initial concerns you may have. If you don’t find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Kentucky Accidents involving Cars, Trucks, and Motorcycles

• I was in a car accident and it wasn’t my fault. Should I file a lawsuit?
• The insurance company of the driver is offering me a check. Should I accept it?
• The insurance company wants me to make a statement. What should I do?
• How long do I have to file or settle my claim?
• What should I do if an insurance adjuster wants me to give a statement?

Kentucky Wrongful Death Claims

• What is meant by “Wrongful Death?”
• What is a wrongful death case worth?
• What is the Statute of Limitations in Kentucky for a Wrongful Death Suit?

Railroad, River & Boating Accidents in Kentucky

• What should I do if I have been in a boating accident?
• What should I do if the marine patrol officer or the coast guard wants me to give a statement?
• I was injured due in a railroad accident. To whom do I file a claim?
• I work for the railroad, and was injured. Can I bring suit against my company?
• I was injured while a passenger on a train. Is the railroad company liable?
• Do I need to retain an attorney?

DUI Injuries & Fatalities in Kentucky

• I was hit and severely injured by a drunk driver. What are my options?

General Questions

• Can you guarantee that my case will be successful?
• How long will this case take?

Kentucky Accidents involving Cars, Trucks, and Motorcycles

• Q: I was in a car accident and it wasn’t my fault. Should I file a lawsuit?
  
  A: Not every car accident is worth a lawsuit. The question that you should ask yourself is, “Have I lost anything that I can’t get back?” For instance, if the result of the accident was only some damage to your car or a few minor scrapes and bruises, then you should simply let the insurers work it out. Personal injury lawsuits are best left for instances in which there were severe injuries, extended hospital stays, and lasting physical and emotional trauma.
• Q: The insurance company of the driver is offering me a check. Should I accept it?
  
  A: Not until you consult with an attorney. A check from an insurance company might seem like a good thing, but they often contain waivers that prevent you from pursuing further action. That could be important if the accident has left you with a condition that requires extensive and prolonged care. Taking a settlement before you have a clear idea as to what your injury will cost you financially is never a good idea.
• Q: The insurance company wants me to make a statement. What should I do?
  
  A: You shouldn’t say anything to any insurer unless you have an attorney present
• Q: How long do I have to file or settle my claim?
  
  A: That amount of time varies from policy to policy. You should definitely make sure that you are informed as to the amount of time that you have to file suit. If you feel that your claim has not been handled fairly, and that they are not offering you what your claim was worth, be sure to consult an attorney well before the deadline.
• Q: What should I do if an insurance adjuster wants me to give a statement?
  
  A: Definitely say nothing until you have obtained legal counsel. Insurance companies are constantly looking for ways to limit their liability, and a statement without the benefit of an attorney present could give them the ammunition they need.

Kentucky Wrongful Death Claims

• Q: What is meant by “Wrongful Death?”
  
  A: Wrongful Death occurs when one person’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit against the party or parties who caused the wrongful death. Action may be filed by the members of the victim’s family.
• Q: What is a wrongful death case worth?
  
  A: Assuming that the case returns a judgment in favor of the victim’s family, a settlement is based on things like the victim’s contributions in the past, their life expectancy at the time of their death, their health before the accident, their age, habits, occupation, past earnings and likely future earnings.
• Q: What is the Statute of Limitations in Kentucky for a Wrongful Death Suit?
  
  A: Kentucky generally allows one year from the date of death or the appointment of and administrator for the filing of a suit.

Railroad, River & Boating Accidents in Kentucky

• Q: What should I do if I have been in a boating accident?
  
  A: Any boating accident, no matter how minor, should be reported to a state agency or the U.S. Coast Guard. You shouldn’t assume that no report should be made if the boating accident didn’t involve personal injury requiring medical treatment.
• Q: What should I do if the marine patrol officer or the coast guard wants me to give a statement?
  
  A: You should say nothing until you have a lawyer present. When being questioned by an agent of any law enforcement agency, having an attorney present can help prevent you from doing or saying anything that could possibly harm you later on.
• Q: I was injured due in a railroad accident. To whom do I file a claim?
  
  A: You can make a claim with any person or entity that was responsible for the collision. This includes the railroad company, the city, local jurisdiction, and state where the collision occurred.
• Q: I work for the railroad, and was injured. Can I bring suit against my company?
  
  A: Yes. The Federal Employees Liability Act (FELA) allows for legal action to be brought against employers
• Q: I was injured while a passenger on a train. Is the railroad company liable?
  
  A: Yes. Railroad companies are required to use the highest standard of care for the safety of its passengers. This includes maintaining a safe place for passengers, including areas for boarding and departures.
• Q: Do I need to retain an attorney?
  
  A: When a person has been injured or killed in a train accident, hiring an attorney with experience in the area is crucial. Frequently, there will be questions relating to liability, and there will be insurance companies that will be looking to minimize liability in any way they can. Attorneys can also put you in touch with expert witnesses that can further assist you in gathering evidence to help you further your claim.

DUI Injuries & Fatalities in Kentucky

• Q: I was hit and severely injured by a drunk driver. What are my options?
  
  A: Aside from the representation that you will need with the other drivers insurance company, it’s also worthwhile to take a look at who was responsible for providing the driver with liquor in the first place. Kentucky has what are called dram shop laws in effect that can assign liability to bars or restaurants that fail to show the proper restraint in serving liquor to patrons that are visibly intoxicated.

General Questions

• Q: Can you guarantee that my case will be successful?
  
  A: There are no guarantees in a court of law. A reputable attorney would never do such a thing. If an attorney offers you a "guarantee" or a "slam dunk," you should seriously reconsider retaining his services.
• Q: How long will this case take?
  
  A: Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors.

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