Rear-end collisions are among the most common types of automobile crashes in Kentucky. Even seemingly minor rear-end crashes can result in injuries. Many prospective clients want to know the average settlement of a rear-end crash. However, there is no settlement amount or range that we can share with you.
Individual factors impact how much your case is worth. Even two similar accidents can resolve for vastly different amounts. To learn what your rear-end collision claim could be worth, contact the Kentucky auto accident lawyers at Gladstein Law Firm, PLLC.
Factors that Impact the Settlement Value of a Rear-End Crash
When you review the individual factors that make up your case value, you can see how a settlement for a rear-end crash in Kentucky differs in every situation. Here is a look at some of the most important factors that impact your case value.
Type and Severity of Your Injuries
The first factor that impacts the settlement value of a rear-end crash involves your injuries. The type and severity of your injuries play a significant role in your case value. The more severe your injuries are, the more your claim could be worth. Someone with minor soft tissue injuries that resolve within two or three months with no residual complaints would have a lower settlement value than someone who suffered a catastrophic injury such as a traumatic brain injury.
Insurance companies will argue that your injuries aren’t as severe as you claim or that your treatment was excessive and unnecessary. The claims adjuster will also try to devalue your claim by minimizing or denying any future treatment. Building the best case requires a skilled legal advocate on your side.
Liability
Kentucky is a pure comparative negligence state, which means you could receive compensation for your injuries even if you are primarily at fault for the crash. Your final settlement will reflect your percentage of fault. For example, if a jury determines you’re 30% at fault, you will receive 70% of your damages.
You might assume that rear-end liability is straightforward. However, the defendant’s insurance company will look to find any option possible to place the maximum liability on you — even if you were rear-ended. You need a skilled Kentucky auto accident lawyer on your side to build a strong case. Consider two rear-end collisions where the victims have severe injuries worth $500,000. In one case, the plaintiff has no liability while the other one has 70% liability. That’s a $150,000 difference in settlement value. This example is why it’s impossible to share the average settlement of a rear-end crash.
Available Insurance Coverage
Once you get over the hurdle of liability, you still need to address available liability coverage. Kentucky law requires drivers to carry liability coverage for injuries and property damage they cause. Each state has its own minimum insurance requirements. In Kentucky, the limits are 25/50/25. That means $25,000 for bodily injury claims sustained by any one person in an accident and a maximum of $50,000 for all bodily injury claims resulting from one accident. The secondary $25,000 refers to all property damage in one collision.
It won’t matter if your case is worth $500,000 if the at-fault driver only has $25,000 in available bodily injury insurance coverage. Your only option to receive additional compensation from the at-fault party means you would need to sue the other driver directly. And, most drivers won’t have any attachable assets that make another lawsuit worthwhile. In accidents involving multiple parties, you might have compensation from more than one policy if more than one party is responsible for your injuries.
If you carry uninsured/underinsured (UM/UIM) coverage on your own auto policy, you could present a claim to your own insurance company for a UIM claim.
Total Amount of Damages
The other important factor in determining your case value is your damages. Your total losses build the groundwork for your case value. Damages can be divided into two main categories — economic and non-economic damages. Your economic damages are tangible financial losses such as medical expenses, lost wages, property damage, etc.
Your non-economic damages are subjective as there is no associated financial losses. Pain and suffering, loss of consortium, loss of enjoyment of life, and emotional distress are a few generic examples of non-economic damages. These damages can make up the bulk of your total damages in many instances. The more severe your injuries are, the greater your damages likely are. The disparity in damages between cases contributes to the inability to calculate the average settlement of a rear-end crash.
How to Increase the Settlement Value of a Rear-end Crash
The best way to maximize your potential settlement for a rear-end crash in Kentucky is to hire a skilled car accident legal practitioner. Seth Gladstein is an attorney with years of personal injury experience and understands what is necessary to build a successful case. His experience working in medical malpractice defense gives him an added advantage of understanding how insurance companies and their attorneys develop their defense.
We will conduct a thorough investigation and gather all evidence that supports your version of events. Rear-end collisions can be more complicated than you might expect, especially if multiple vehicles are involved. It might be necessary to hire an auto accident reconstructionist who will testify as to the mechanics of the accident. They will prepare an in-depth report that discusses how the accident occurred and the factors involved. This information is crucial in cases involving disputed liability or minor impact collisions.
Rear-end causes vary, and the defendant’s insurance company will do whatever is necessary to reduce their exposure and potential payout. Your attorney will protect your rights and help you fight for the maximum compensation possible.
Contact the Kentucky Auto Accident Lawyers at Gladstein Law Firm, PLLC
If you or someone you love sustained injuries in a rear-end crash in Kentucky, let our skilled legal team help. Gladstein Law Firm, PLLC offers free consultations, so there is no obligation to meet with us. We will review your case and tell you what we think the best course of legal action is and the potential settlement value of a rear-end crash. Let us put our years of personal injury experience to work for you. We can help you hold the responsible parties accountable for your injuries and other damages. Contact us today.
