Full Answer
What damages are available through a car accident claim in Kentucky?
Non-economic damages that could be available through a car accident claim in Kentucky include compensation for: Physical pain and suffering. Mental anguish including shock, fear, stress, and depression. Disfigurement. Loss of quality of life.
How much should I settle my car accident claim for?
In serious injury cases, their initial settlement demand suggestion is often way too low. They simply don’t value their pain and suffering damages properly. I’ve had clients tell me that they would have accepted $30,000 from the insurance company. Yet, I’ve gotten them a settlement for over $300,000.
How much of a settlement was for pain and suffering?
Overall Effect of The Injury Determines Settlement Amount 93% of a $445K Settlement was for Pain and Suffering Do insurance companies pay more for broken bones than soft tissue injuries? Do insurance companies multiply your medical bills by a number to calculate your case value?
Why are bodily injury payouts 4 times bigger than car accidents?
One of the reasons that it is 4 times bigger is because a large amount of most bodily injury claim payouts is for pain and suffering (and medical bills). By now, you probably know that someone must have been careless (and caused your injury) in order to get a pain and suffering payout.
How is pain and suffering calculated in Kentucky?
An expert calculates the value of your daily non-economic losses based on the severity of your pain, suffering, loss of activity, and reduction in quality of life. The insurance company or jury then multiplies the daily losses by the number of days you suffered.
Can you sue for emotional distress in Kentucky?
A plaintiff seeking emotional damages in a negligence action now needs to prove a “severe or serious” emotional injury rather than physical impact. The emotional injury suffered must be greater than what a reasonable person is expected to endure in any given circumstance.
Is Kentucky a no fault state for auto accidents?
Kentucky is a "choice no-fault" state, meaning that vehicle owners can "opt out" of the no-fault car insurance system and choose to sue (and potentially be sued) after a car accident.
What injuries can you claim for after a car accident?
It is possible to claim for any type of injury sustained in a car accident that wasn't your fault....Common Injuries From Car AccidentsWhiplash.Multiple injuries.Soft tissue damage.Minor to severe brain damage.Back injuries.
What counts as emotional distress?
Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).
Can you sue the state of Kentucky?
Claims against the state government in Kentucky are allowed by section 231 of the Kentucky Constitution. This section states that "The General Assembly may, by law, direct in what manner and in what courts suits may be brought against the Commonwealth." Although this section is short, it is also powerful.
How long after a car accident can you sue in Kentucky?
2 Years2 Years From the Date of the Accident The Statute of Limitations in Kentucky for car accidents is two years from the date of the accident, or two years from the date the last no-fault medical payment (or no-fault PIP payment) was paid by your insurance company.
Is Pip required in Kentucky?
Kentucky requires basic PIP coverage on all motor vehicles except motorcycles. Basic PIP is to be paid by the insurer of the vehicle in which the injured person is riding at the time of an accident, or the vehicle which strikes a pedestrian, regardless of who was at fault in the accident.
What is KY tort?
An Overview of Tort Law by Tort Law Attorneys in Louisville KY. Tort law deals with the wrongful actions of an individual or entity, which causes injury or damages to another individual or an individual's property. Tort law is based on the idea that people and companies are liable for the consequences of their actions.
Can you claim for anxiety after a car accident?
If you were involved in a car accident that was not your fault, you may be eligible to claim compensation for all injuries, physical as well as mental. This includes anxiety.
How long does a car accident claim take to settle?
If you and the insurance company are able to agree on a fair settlement, the process to receive your check typically takes around four to six weeks. The insurance company will have you sign a release form.
How long does a personal injury claim take to settle?
A straightforward injury claim could take around six months to settle, while a more challenging case could take three years or longer to come to an end.
Can you sue someone for emotional distress?
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
How do I sue someone in Kentucky?
You must be able to prove the amount of the claim for which you are suing. To file a small claims action, you will need to complete the Small Claims Complaint form (AOC-175). You can obtain this form from the Office of Circuit Court Clerk or you can fill out this form online and print a copy.
Can you sue your spouse for emotional distress?
Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.
Noneconomic Damages
In general, economic damages are intended to "pay you back" for the monetary expenses you incur as a result of being injured.
Pure Comparative Negligence
Fortunate for injured people, Kentucky uses the pure comparative negligence system. Under this system, the court allocates a percentage of fault to each party involved in an accident.
Time Limits
If you have been injured in Kentucky, there is no time to waste: Kentucky has some of the shortest deadlines for filing a claim. Kentucky's statutes of limitations require most lawsuits for personal injuries to be filed within one year of the incident which caused the injury.
Other Bars to Recovery
In an effort to reduce litigation, Kentucky car accident compensation laws employ the 'no fault' system for car accident insurance claims. Injured parties must first exceed $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death before they can file a lawsuit against another person.
Have Specific Questions About Pain and Suffering Damages in Kentucky? Ask a Lawyer
Whether your neighbor's furry pal was not feeling friendly or your surgery went less than swimmingly, Kentucky laws make it possible to recover for your pain and suffering in many cases.
How Much Is a Typical Car Accident Settlement?
After a road accident, money is the main priority for any victim. After all, even if you experienced minor injuries, you’ll still deal with hospital bills, car repair or replacement, and a severe interruption to your personal and career life.
What Settlement Should I Expect from A Car Accident?
If you’ve sustained injuries in a crash where the other driver is at fault, they’re obliged to compensate all the damages you’ve suffered as a result. These damages fall into the following three categories:
What happens to your car after a car accident?
After a car accident, compensation for the resulting injuries and property damages will come from your coverage or the other driver’s insurance. If you have collision insurance coverage on your car, your insurer will pay the BlueBook value for your car before the wreck or the other party’s insurance if you’re not at fault. If the repair costs are higher than its value, they’ll consider your car totaled and offer a lump sum according to the actual value.
What does obviousness of fault mean in a claim?
The obviousness of fault – Your claim’s strength can determine what you receive. If the other party is more obviously at fault, you’ll receive a higher accident settlement.
What is the importance of severity in car accident compensation?
Injuries severity – A compensation should be directly proportional to the severity of a victim’s injuries. Therefore, severe and long-lasting injuries attract higher car accident settlements.
What happens if another driver's negligence causes a wreck?
If another driver’s negligence caused the wreck, their insurance provider should compensate you for any damages, losses, injuries, pain, and suffering. The skilled negotiators at Flora Templeton Stuart Accident Injury Lawyers can increase the total value of your settlement. The first offer is usually increased.
What is non economic damages?
Non-economic damages address the emotional aspect and are only available to those who can prove their hurt. Attorneys understand how catastrophic and overwhelming these non-economic losses are.
What are the factors that determine punitive damages in Kentucky?
Those factors are: The likelihood at the relevant time that serious harm would arise from the defendant’s misconduct.
What is punitive damages in Kentucky?
Punitive Damages. In order to be awarded punitive damages after a Kentucky accident, your lawyer will need to prove that the defendant was malicious, fraudulent, grossly negligent, or oppressive in the actions that led to your injuries. The purpose of punitive damages is not like the purpose of other types of damages.
What is non-economic damages?
Pain and suffering compensation, commonly known as “non-economic damages,” seeks to compensate you for the emotional burdens caused by serious accident injuries. Non-economic damages that could be available through a car accident claim in Kentucky include compensation for: Physical pain and suffering. Mental anguish including shock, fear, stress, ...
What happens if you can't work because of a car accident?
If you are unable to work because of your injuries or if your loved one has died in a car crash, then you may be able to recover for lost income. This includes any income that you or your loved one is unable to earn because of accident injuries from the time of the accident until the time of retirement.
How have injuries impacted your ability to perform your daily activities?
This includes household duties, maintaining relationships, enjoying your free time, and other activities. Proof of income. You need evidence of what you were earning or what your loved one earned before the accident.
What should be included in a fair recovery?
A fair recovery for your injuries should include compensation for all of your accident related medical care. This includes your past, current, and reasonably anticipated future: Hospital expenses. Physician visits. Rehabilitation therapies. Medication.
Can you avoid paying taxes on a structured settlement?
Conversely, when a structured settlement is set up properly, you may be able to avoid paying taxes . This can become a significant factor, especially in cases involving a large settlement amount. In addition to tax benefits, structured settlements may be a good idea for: Minors to help pay for future medical expenses.
How long does it take to get a settlement for pain and suffering?
First, it depends on how badly you are injured. All things equal, if you’re badly injured the case will settle faster.
What is the average payout for auto accident settlements?
The average payout that the injured person received is likely slightly less than $18,417.
Does surgery lead to a bigger pain and suffering Payout?
In my larger settlements, the claimant usually had surgery. Here is the actual data:
Are pain and suffering damages bigger in certain counties?
Yes. In certain areas, juries are known to award bigger verdicts in personal injury cases.
Is there a cap of pain and suffering?
In some states there are maximum amounts that a jury may not legally exceed in awarding pain and suffering damages. For example, Florida used to have pain and suffering caps in medical malpractice cases.
Do insurers use r ecent jury verdicts and settlements to calculate pain and suffering?
Yes. However, the recent trend is taht I look at past jury verdicts to get the full settlement value of the pain and suffering component in a personal injury case. I then adjust the full value as necessary.
Does more medical treatment get you more money for pain and suffering?
Generally speaking, the longer that you treat with a doctor, the higher the full value of pain and suffering. Different injuries have different values for pain and suffering. The amount is usually a range (e.g. $25,000 to $50,000). The higher end of the range is if you have a larger resultant disability. In other words, if you have serious limitations as a result of the injury.
How much money can you get for pain and suffering?
The amount of money that could ultimately be compensated ranges from a few thousand dollars upwards into the millions.
What are the most common injuries that occur after an accident?
Here are some of the most common injuries you may have to contend with following an accident. Whiplash and neck injuries - Due to the sudden jerking motion resulting from a rear-end collision, you may suffer from whiplash. Ligaments, muscles, and even spinal discs can sustain damage, limiting your range of motion.
What factors determine an increase in compensation?
Certain conditions necessitate greater treatment. You may not even be able to work again. Some medical conditions that result in an increase in compensation include:
What is the multiplier method for insurance?
With the multiplier method, an insurer adds up all of the economic damages and applies a multiplier between 1.5 and 5. Where you fall on the scale depends on the severity of your injuries.
Why is pain and suffering harder to quantify?
However, pain and suffering is more obtuse. It's harder to quantify because it accounts for physical, emotional, and mental distress. For example, a severe injury may prevent a person from continuing his or her favorite hobby. There's no monetary value associated with the hobby, but the person's quality of life decreases.
How long does it take to recover from a concussion?
Brain injuries - Concussions are mild brain injuries that usually take several weeks to recover from.
How long does a brain injury last?
A significant injury to the brain, neck, or back could affect a person for years. That's why most insurers use one of two approaches to figure out how much to award someone for the time being.
Noneconomic Damages
- In general, economic damages are intended to "pay you back" for the monetary expenses you incur as a result of being injured. But what about your emotional distress, pain and suffering, or inconvenience? In Kentucky, you may recover noneconomic damages to compensate you for those damages which do not appear as line items in all those bills you keep getting in the mail. …
Pure Comparative Negligence
- Fortunate for injured people, Kentucky uses the pure comparative negligencesystem. Under this system, the court allocates a percentage of fault to each party involved in an accident. The benefit of pure comparative fault as opposed to modified comparative fault is that under Kentucky's system, even if you were 90% at fault for your injuries, you could still recover 10% of any damage…
Time Limits
- If you have been injured in Kentucky, there is no time to waste: Kentucky has some of the shortest deadlines for filing a claim. Kentucky's statutes of limitations require most lawsuits for personal injuries to be filed within one yearof the incident which caused the injury. However, if you were injured by a construction defect—such as badly built stairs in your home—or by a product defect…
Other Bars to Recovery
- In an effort to reduce litigation, Kentucky car accident compensation laws employ the 'no fault' system for car accident insurance claims. Injured parties must first exceed $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or deathbefore they can file a lawsuit against another person.