Personal injury cases are each unique and there is no easy answer as to how much an individual case is worth. Each case must be evaluated on its own merits and a number of factors go into determining how much you may be able to collect. In addition, Kentucky is a comparative negligence state meaning your final claim may be reduced by any portion you are deemed to be responsible for your injuries. Some of the factors that go into determining the ultimate value of your claim include:
Car accidents and medical malpractice cases are commonly defended by trying to show both people were at fault. For example, let’s assume you were rear ended and as a result you suffered minor injuries. If the driver who struck you claims they would not have struck you if you exercised more care, they may be able to get your claim reduced by proving you were partially at fault.
When you suffer minor injuries such as whiplash or cuts and bruises, you will likely collect less than if you suffered a life-altering injury. For example, if you slip and fall in a supermarket, you can collect for broken bones or bruises. However, if you were walking past a construction site and were struck by a falling tool, you may be suffering traumatic brain injuries or more serious injuries. Clearly in these cases, the falling debris injuries are more traumatic.
If your injuries after an accident result in an emergency room visit and one follow up visit to your physician, your claim may be worth less. However, if you require long-term care due to serious injuries, this may increase the value of your claim.
If you were able to return to work immediately following an accident, your claim may be worth less. Long-term disability as a result of an accident that prevents you from working in your chosen field may have a higher compensation ceiling.
Each personal injury case is unique depending on a number of factors. When you have been injured because of the negligence of another person, one of the most important things you can do to preserve your rights is contact a Kentucky attorney. An attorney will evaluate your case and work with you to determine what your injury claim is worth.