Attorney Jim Desmond

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Jim Desmond Focuses on Car Wreck Cases

Too many big law firms are ready to reject a case too quickly. It’s a template approach. You deserve a car wreck attorney who focuses on this area of the law and is willing to work your case. Here’s an example of a client without insurance who still received a good settlement, because Jim Desmond works hard for his clients. Car wreck? Don’t get treated less than you’re worth. You deserve better. Call Attorney Jim Desmond (502) 609-7657.

For more information, visit: https://www.attorneydesmond.com

Desmond Law Office, PLLC.
9850 Von Allmen Court
Ste 201
Louisville, KY 40241
Call My Cell: (502) 609-7657

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Kentucky Motorcycle Accident Lawsuit PART 2

Episode 10: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode continues the discussion on motorcycle accidents from Episode 9. He’ll now discuss issues related to filing a Kentucky motorcycle accident lawsuit.

Click to Listen to Episode 9: https://youtu.be/JdQAAPbByGg

Louisville personal injury lawyer discusses filing a Kentucky motorcycle accident lawsuit

What Are the Next Steps at the Hospital?
If you don’t have health insurance, ask to speak with the financial counselors at the hospital. They may be able to help you find sources of coverage. It’s important that you’re able to treated. More importantly, you’ll be able to get the negotiated rates between the hospital and the insurance company.

Jim Desmond will begin looking for any/all sources of insurance coverage, including underinsured or uninsured motorist coverage to help his clients. Motorcycle wrecks usually involve extensive injuries, so the medical bills and lost wages are going to be substantial.

Motorcycle wreck cases test the experience and knowledge of most attorneys. Attorneys want to protect their clients from overwhelming financial burdens, even when the collision wasn’t their fault.

When a Lawsuit Needs to be Filed
Ideally, your case will be negotiated to a fair settlement. If that can’t be reached, it may be necessary to file a lawsuit. This is going to extend the timeline of getting your case resolved and financial reimbursement.

As the lawsuit proceeds, the process of discovery will begin. The depositions will then be scheduled. A mediation is usually scheduled. It’s another chance for the two sides to reach a settlement.

Statute of Limitations
In Kentucky, you have 2 years from the date of the accident, or 2 years from the date of the last no-fault payment (i.e. PIP) to file your lawsuit. If you miss go beyond this window of time, you can’t file. With a motorcycle accident, there is often no PIP coverage involved, so the extra time may not be available to file the lawsuit. For this reason, you need to make sure you understand the timeline.

Policy Limit Offers with Motorcycle Accidents
If you have a carrier offering the policy limits for the at-fault driver, it may cause trouble for you when pursuing the underinsured claim. There are important processes that must be followed. Again, it’s another reason you should hire an attorney.

What Happens if They Appeal the Verdict?
Again, a trial will significantly increase the time it will take to get your case resolved. An insurance company has the right to withhold any payments until the case is resolved. Even if the verdict has been rendered, if the other side decides to appeal the decision, additional time has just been added to the timeline. It’s a risk inherent in taking a case to trial.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit https://www.AttorneyDesmond.com.
Call Attorney Jim Desmond on His Cell Phone (502) 609-7657.

Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Motorcycle Accidents and Insurance Issues

Episode 9: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer.

Louisville personal injury lawyer discusses motorcycle accidents and insurance issues.
The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious. The medical bills and related expenses can be overwhelming. An attorney needs to quickly determine any and all available sources of insurance coverage. It’s extremely important for motorcyclists to understand motorcycle accidents and insurance coverage.

Kentucky has a state minimum level of insurance of $25,000. This may be only be a fraction of the actual expenses. It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance. UM/UIM will add to the available funds to help the injured motorcyclist.

Your motorcycle isn’t adequately covered by your standard automobile insurance policy. Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it. A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage). This lack of coverage creates another financial gap for motorcyclist. PIP coverage is generally $10,000. Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. For injured motorcyclists, this can be a difficult conversation about motorcycle accidents and insurance.

Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist. It does not apply to the motorcyclist.

If a motorcycle wreck has occurred, it’s important that the evidence is preserved. Pictures are extremely important. It’s important to photograph cuts and bruises that may heal by the time the case goes to trial. The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision. The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene.

It’s important to remember to download the photos from your cell phone to a laptop or other storage device. Phones can be damaged or lost. The important photos could be lost.

It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled. It’s very easy to make comments which could later be taken out of context. This often can be extremely damaging to an injured victim’s case. This includes the family and friends of the injured motorcyclist.

Get the Police Report
This important document will list the people involved and their insurance companies. It also often indicates which driver appears to be at fault. The website http://www.BuyCrash.com is a trusted, easy resource. It’s very inexpensive and can be done quickly. The information on the report is helpful when opening the motorcycle accident claim.

Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance. The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved. If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver. Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict.

Jim Desmond will continue this discussion about motorcycle accidents and insurance issues in Episode 10: https://youtu.be/PlkIHzWJM0w.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit https://www.AttorneyDesmond.com.
Call Attorney Jim Desmond on His Cell Phone (502) 609-7657

Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Motorcycle Accidents and Insurance Issues

Episode 9: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer.

Louisville personal injury lawyer discusses motorcycle accidents and insurance issues.
The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious. The medical bills and related expenses can be overwhelming. An attorney needs to quickly determine any and all available sources of insurance coverage. It’s extremely important for motorcyclists to understand motorcycle accidents and insurance coverage.

Kentucky has a state minimum level of insurance of $25,000. This may be only be a fraction of the actual expenses. It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance. UM/UIM will add to the available funds to help the injured motorcyclist.

Your motorcycle isn’t adequately covered by your standard automobile insurance policy. Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it. A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage). This lack of coverage creates another financial gap for motorcyclist. PIP coverage is generally $10,000. Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. For injured motorcyclists, this can be a difficult conversation about motorcycle accidents and insurance.

Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist. It does not apply to the motorcyclist.

If a motorcycle wreck has occurred, it’s important that the evidence is preserved. Pictures are extremely important. It’s important to photograph cuts and bruises that may heal by the time the case goes to trial. The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision. The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene.

It’s important to remember to download the photos from your cell phone to a laptop or other storage device. Phones can be damaged or lost. The important photos could be lost.

It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled. It’s very easy to make comments which could later be taken out of context. This often can be extremely damaging to an injured victim’s case. This includes the family and friends of the injured motorcyclist.

Get the Police Report
This important document will list the people involved and their insurance companies. It also often indicates which driver appears to be at fault. The website http://www.BuyCrash.com is a trusted, easy resource. It’s very inexpensive and can be done quickly. The information on the report is helpful when opening the motorcycle accident claim.

Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance. The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved. If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver. Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict.

Jim Desmond will continue this discussion about motorcycle accidents and insurance issues in Episode 10: https://youtu.be/PlkIHzWJM0w.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit https://www.AttorneyDesmond.com.
Call Attorney Jim Desmond on His Cell Phone (502) 609-7657

Important Disclaimers:
The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

What to Do after a Car Wreck

Episode 5: When a car accident happens, the insurance coverage in place is what matters. You can’t add coverage after the wreck. Therefore, be proactive and understand what type of accident coverage you have and what you might need. Now let’s discuss what to do after a car wreck in Kentucky.

What do you do after the collision happens?
Don’t immediately call your attorney. First, seek medical attention to make sure you and your passengers are alright. Your Kentucky automobile accident claim will often include medical records, so get checked out by a medical professional.

Next, if you can safely do it, take photographs of the damage to the cars, the placement of the cars and request your police report. The photos and the report can help in negotiating your case with the insurance adjuster. Even though the report is not admissible in court, most automobile accident cases settle before they actually make it to trial. So, the details contained in the report can provide important details and “proof.”

It’s extremely helpful to get the name, phone number and address of any witnesses. You need to keep a copy of this, because that information might not be added to the police report.

You can contact your insurance company to open a no-fault claim, also called a PIP claim. However, don’t guess in responding to their questions and definitely don’t minimize the extent of your injuries. They’ll provide your claim number, the name of the adjuster and his/her phone number.

If the other person is at fault, you’ll contact their insurance company. That company is called the liability carrier. Again, be sure to get the claim number, adjuster’s name and his/her phone number. Understand, the liability carrier isn’t going to pay for medical bills until the case is ultimately settled.

Property Damage Questions
What to do after a car wreck also includes getting your vehicle repaired. Is the car a total loss? If the repair would cost 70-75% of the vehicle’s fair market value, the insurance company has total the vehicle. Understand this is the fair market value, not the replacement value.

Insurance and body shops are allowed to use “used” parts in the repair. A good body shop manager might be able to speak with the insurance adjuster to explain why certain situations may require new parts.

Some damage may be concealed and not noticed, until the repair is underway. These are called supplemental repairs. The body shop will often contact the adjuster and explain why the repair just became more expensive

This Happened This Week:
A Health Insurance Lien is a right to collect against a settlement. An insurance company can attempt to collect reimbursement for the bills they paid out of the settlement awarded to the victim. In this situation, the insurance company sent notification to the injured party 6 months after the case had been settled.

Jim was able to work with the no fault claim adjuster to get the bill paid. Having an attorney involved will make the process easier and will help to protect your interests.

Resources to Get Your Police Report

Option #1: http://www.BuyCrash.com – You can use your accident report number. There is a nominal fee for this service.

Option #2: Louisville Metro Police at 701 West Ormsby can also provide you with a copy of the report. Again, a nominal fee is involved. Visit this site for additional information: https://louisville-police.org/189/Get-a-Police-Report.

Important Disclaimers:
While this podcast addresses what to do after a car wreck, the information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.

For more information visit: https://www.AttorneyDesmond.com
Call Jim on his cell phone: (502) 609-7657.