While most personal injury claims can be settled out of court, when does a car accident go to trial? It depends on whether the insurance company meets your demands, the extent of your damages, and who is at fault for the crash. Every case will be different, so a Louisville car accident attorney from Grossman Green is here to discuss what you need to know about taking your automobile collision claim to trial.
Insurance negotiations are the first step in most car accident claims
In Kentucky, we use a “no-fault” auto insurance system where every driver and passenger in Kentucky can recover $10,000 to pay medical expenses and limited lost wages. However, the PIP statute also places some limitations on when a claim can be asserted against a third party.
For example, your damages must be greater than $1,000 or involve a permanent injury, disfigurement, or death. Where you meet this threshold, you are entitled to pursue a claim against an at-fault driver. PIP does not pay beyond $10,000, and will not compensate you for pain and suffering, lost wages beyond $200/week, or impairment of your power to labor and earn money. Accordingly, a claim against the at-fault party will be required to make you whole.
Pursuing compensation from the at-fault driver
When you meet the threshold discussed, you may pursue a claim through the at-fault driver’s insurance. When you file the claim, you will negotiate with the insurance company for a fair settlement offer.
Insurance companies pay more when you have an attorney involved because of the attorney’s knowledge of the law and relevant policies, but also because the insurance company takes more seriously any threat to file a lawsuit and pursue the case in the court system. Lawyers make sure you include all your damages and advise you to present their case to a judge or jury in court. ALso, lawyers also can help with negotiating and coordinating benefits for outstanding medical bills and medical liens to make sure you pocket the most money possible from your settlement.
Factors that could mean it’s time to proceed to trial
Although skilled car accident attorneys will work to get a satisfactory settlement as quickly as possible, there are times when it may be better to file a lawsuit instead. Every case will be different, but some factors include:
- How much the other party’s insurance company is pushing back against making a fair offer
- Whether the Kentucky statute of limitations is running out
- If you have substantial projected medical costs for your recovery
- If you have substantial non-economic damages from disfigurement, emotional distress, or other pain and suffering losses
- If your loved one died from the crash, and you need to file a wrongful death action
Your personal injury attorney can help you determine how much your case is worth and when it’s time to continue the legal process into court. Because the statute of limitations is short, it is important to reach out to an attorney early on in the process to make sure all deadlines are met.
What happens when car accident cases go to court?
Your attorney will file a car accident lawsuit if the other side doesn’t meet your demands. They prepare the evidence for trial and present your side of the story to the judge or jury (some cases going to court are only heard by a single judge). With a jury trial, the jury will hear the evidence as well as arguments from both sides, and then determine who is at fault and the amount to be paid for damages. Under Kentucky law, you may carry some of the blame and still obtain compensation from the other party.
Settlement negotiations can continue up to and including when the jury begins to deliberate in a trial. Unlike many law firms who handle these cases, Grossman Green PLLC lawyers take cases to trial every year and will do it in your case, if warranted.
Preparing for trial
Your attorney can help you prepare for trial by explaining what to expect and what to say. They will gather all relevant evidence, including your medical records, witness statements, expert testimony, accident reconstruction reports, police accident reports, photos, and videos. They will also strive to minimize any fault the court may assign to you so you have the best chance of recovering full compensation for your losses.
Be ready if your car accident claim needs to go to court
While it’s possible to file on your own, many people unintentionally make mistakes that hurt their case. As trusted Louisville trial attorneys, we understand how Kentucky law affects your rights, and we’re here to protect them. Our attorneys are proud members of the Louisville and Kentucky Bar Associations and are known throughout the community for providing compassionate, results-driven legal support.
Instead of trying to handle the paperwork and legal details when you are hurt, contact Grossman Green for a free consultation to learn about your options. We are available at (502) 657-7100 or through our contact form, and we are ready to discuss your case.