If you’ve recently suffered a personal injury that wasn’t your fault, you may feel like you’re fighting an uphill battle. Not only must you recover from your physical and emotional injuries, but you also need to recoup the expenses that occurred since the accident. Maybe you’ve been in communication with an insurance adjuster, but you’re also worried they won’t be able to provide you with enough compensation. In these cases, you may wish to pursue a personal injury claim or work with a personal injury attorney to negotiate for a more favorable insurance settlement. If you’d like to learn more about your options or are wondering how much your case is worth, call us at Grossman Green PLLC today to schedule a consultation. From our offices in Louisville, Kentucky, we can help clients in the surrounding communities throughout Kentucky and Southern Indiana.
Possible Recoverable Damages in Kentucky
In Kentucky, you can seek compensation for economic and non-economic damages due to a personal injury. Economic damages cover costs including medical bills, lost income, property damage, or disability expenses. Non-economic damages are intangible and can be harder to assign a dollar amount, but they are no less important. Some examples include pain and suffering, loss of consortium, or disfigurement.
Factors that Determine Case Amount
The circumstances of your injury can dramatically affect your case value. The first thing an adjuster will look at will be the extent of the damages. This is why it’s vital you take the time to get a clear and comprehensive understanding of all your damages now and in the future, and this should cover both property damages and your injuries sustained. You will then have to consider who was at fault for the accident, and in Kentucky, if you’re found to be at fault in any way, this could affect what you’re ultimately awarded. The last factor depends on insurance coverage. Because Kentucky is a “no-fault” state, you typically must first seek compensation from your insurance before filing a claim with the at-fault party.
Pure Comparative Fault
Another essential component of assessing how much your case is worth lies in the concept of shared fault. Kentucky is a “pure comparative fault” state, which means you can only seek damages from the other party for their portion of fault, and your own compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident occurring and the final settlement is $50,000, your share would reduce to $40,000 to cover your portion of the liability.
Steps You Can Take to Maximize Compensation
Many people want to know how to maximize compensation in an insurance settlement or personal injury claim. Many times we don’t know the true extent of our injuries and how they may affect our future finances, so it’s only prudent to make sure you get properly compensated.
The most important thing you can do is hire an attorney who can help you gather evidence, review your case, help establish liability, negotiate on your behalf, and fight for your rights. The next thing you should focus on is documentation, specifically from your medical provider. It’s always a good idea to seek medical attention right after an accident, even if you don’t feel you’ve been seriously injured. Only a professional can adequately assess your condition and can provide information about any ongoing medical services you may need. You must get documentation of all your visits and documents of any other expenses you’ve incurred due to your injuries, such as property damage or lost income.
Finally, when you communicate with your or another person’s insurance company, don’t accept their first settlement offer. Insurance adjusters are trying to move through cases quickly and save their company money. They likely haven’t had enough time to adequately evaluate the evidence and won’t be able to give you a complete estimate.
Personal Injury Experience You Can Trust
If you’re in the Louisville, Kentucky area and are looking for a personal injury attorney you can trust, call Grossman Green PLLC. Talk with one of our award-winning attorneys today, and we’ll help you fight for the compensation you’re due. We also serve clients in the surrounding communities throughout Kentucky and Southern Indiana.