The initial step in negotiating a personal injury settlement in Kentucky is to determine a reasonable amount of money that you would be willing to accept in order to resolve your claim.
If you have been injured and were not at fault, your projected amount should include calculations for past medical bills that relate to your injury, any expected future medical bills, your current loss of earnings, any projected future loss of earnings due to any impairment, and property damage.
Your potential settlement amount should take into consideration the amount of pain and suffering as well.
Retaining a Louisville personal injury attorney is key to arriving at a resolution to your personal injury claim. If you cannot resolve your claim through settlement negotiations, you will need to take your case to trial, and that definitely requires the skill of a personal injury attorney who has experience fighting cases in the courtroom.
Liability in Kentucky Personal Injury Cases
If you, the injured person, has any fault in the incident, it will affect how much you can get in a settlement. Kentucky follows the theory of apportionment, known as the pure comparative negligence rule. This means that when a jury has to determine a percentage of fault for each party, your settlement amount would be reduced by the percentage of fault you contributed. For example, if a jury concludes that the other party was 80 percent at fault and you were 20 percent at fault, your settlement amount would be reduced by 20 percent. You cannot legally collect for damages that you caused.
With pure comparative negligence, you can also collect damages even if you were more at fault than the other driver. Let’s say you are 60% at fault and the other driver is 40% at fault. You can collect 40% of your damage, but it also means the other side can collect 60% of their damage.
Statute of Limitations for Personal Injury Claims in Kentucky
You only have one year to file a lawsuit for personal injury and two years for property damage. That means if you cannot resolve your case
within a year, you must file a lawsuit or the other side is not obligated to continue negotiations. This is one of the reasons having a Louisville personal injury attorney is so important. Your attorney will ensure the statute of limitations is preserved and your case can proceed.
Personal Injury Lawsuit Settlement Amounts in Kentucky
The amount of your settlement will depend on a number of factors. Some of these include:
- The extent of your injuries;
- The details surrounding your incident or accident;
- Insurance coverage; and
- The policy of the person liable for your injuries.
The attorneys at Harville Law Offices, PLLC cannot give you an exact personal injury lawsuit settlement amount here without specific details surrounding your accident. However, we can assist you with determining what types of financial damages you are entitled to based on the specifics of your situation.
Contact our office today at 502-272-9051 to set up an initial consultation. Let us help resolve your personal injury lawsuit and help you get the compensation you deserve.