You are not alone if you were injured in one of the 156,758 collisions reported Kentucky in 2019.
When you’re injured in a crash, Gladstein Law Firm, PLLC can help you secure the financial compensation you deserve.
What Is the Cost of Bodily Injury Claims?
Car accidents on public roads cost Kentuckians $22 billion in 2018. The losses include economic costs like lost wages, medical expenses, administrative costs, property damage, and employer losses.
Additionally, the costs account for the lost quality of life resulting from the deaths and injuries.
When you’re ready to seek compensation for your losses, the lawyers at Gladstein Law Firm can help with your personal injury claim.
How Do Car Accident Settlements Work in Kentucky?
Kentucky law entitles a person injured in a auto accident to “basic reparation benefits,” regardless of fault.
Unless they opt out, every Kentucky driver must carry personal injury protection (PIP) insurance to cover medical expenses and other economic losses up to $10,000.
You will file a claim with your PIP insurance when you get in an accident. If your losses exceed your insurance limits, you might be able to file a claim against the at-fault driver.
Before you are eligible to sue, you must meet Kentucky’s legal threshold that requires a claim for:
- Medical expenses exceeding $1,000;
- A bone fracture, permanent injury or disfigurement, permanent loss of bodily function, or loss of a body part; or
- The wrongful death of a deceased loved one.
Under the threat of a personal injury lawsuit, the responsible party will turn to their insurance to pay your claims. Insurance companies are never easy to deal with.
They often try to avoid responsibility and pressure claimants to accept an early settlement. You may even receive a settlement offer while still in the hospital.
We know you are eager to see a payout, but we recommend contacting a lawyer to review your options. Once you accept a settlement, you lose your right to ask for more money if your costs continue.
What Factors Affect the Payout of a Personal Injury Claim in Bodily Injury Claims?
Every accident is different, including the injuries, claims, and circumstances. Settlement calculators and average payout amounts can at best serve as estimates for this reason.
However, several factors can influence the payout you receive after an accident.
In addition to PIP coverage, Kentucky law requires every driver to obtain bodily injury insurance with a minimum limit of either:
- $25,000 for one victim and $50,000 for one accident, or
- $60,000 for all damages in one accident.
In many cases, your insurance company will pay out your damages from your PIP coverage.
However, if your losses exceeds your PIP limits, you have the option to file a claim with the at-fault driver’s insurance company or file a lawsuit against them.
You can expect a lower payout if that party is uninsured or has few assets to pay your claims.
Medical expenses make up a large portion of your losses after a car accident. In 2012, the CDC reported that, on average, each crash-related emergency department visit costs $3,362, and each hospitalization costs $56,674.
Remember, this is only an average, and your costs may be higher or lower. The severity of the resulting injury will impact the value of your insurance payout.
Injuries with a permanent injury, loss of a body part, or significant impacts on quality of life receive the highest payouts.
The amount of your bodily injury claim depends on the value that will compensate you for your losses. Called “damages,” the losses recoverable include:
- Medical bills and hospital costs,
- Physical therapy expenses,
- Out-of-pocket expenses related to the injury,
- Lost income or wages,
- Costs of household chores previously provided by the injured person,
- Pain and suffering, and
- Diminished quality of life.
Because these losses comprise the value of the personal injury award, you can estimate a fair payout if you add up your estimates for these categories. Still, the best way to understand the value of your claims is to speak with a lawyer.
If you were partially responsible for the accident, this can affect the amount of damages you receive. Your damages will be reduced proportionate to your percentage of fault.
For example, if you had $100,000 in damages but you were 30% at fault, you could expect to receive $70,000.
In the last few years, our firm has helped several clients secure settlement payouts for their injuries after a car accident.
The results include a:
- $450,000 settlement for our client whose disabling injuries required three surgeries;
- $88,000 settlement for a client who suffered a broken foot that required surgery;
- $380,000 settlement for a client who sustained a SLAP tear and cervical disc herniation requiring surgical decompression and fusion from a rear-end collision;
- $125,000 settlement for a bicyclist struck by a car that did not have the right of way, resulting in facial scarring, fibula and tibia fractures, liver and spleen lacerations, and more than $3,000 in lost wages; and
- $32,000 settlement for our client who sustained neck and shoulder injuries as a restrained passenger in a rear-end collision.
Whatever your damages, the passionate personal injury attorneys at Gladstein Law will help ensure you get the fair payout you deserve. Even with the worst injuries, insurance companies commonly undervalue claims.
They make it their business to limit their liability as much as possible, regardless of the costs. With an attorney who has worked on that side, we won’t let anyone pressure you to accept less than you’re worth.
Our attorneys will guide you through every step of the process until you receive fair compensation for your losses.
Contact Our Lawyer at Gladstein Law Firm, PLLC
An accident can turn your life upside down. Gladstein Law Firm, PLLC can help you get your life back on track.
We will fight for you with over 40 years of combined insurance litigation experience on behalf of both plaintiffs and insurance companies.
We treat every client with respect and compassion, regardless of case size. We believe that you cannot know the value of your claim until you speak to an experienced personal injury attorney.
Thus, we offer free consultations. When you contact our office, attorney Seth Gladstein will listen and explain your options before you need to make a decision.
When you’re ready, call Gladstein Law, and we’ll help you fight for compensation and justice now.