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4 factors that affect the value of your accident claim

On Behalf of | Dec 29, 2022 | Auto Accidents

If you get injured in a Kentucky car crash that was the fault of another party , you can file a personal injury claim to receive financial compensation for both your economic and non-economic damages. The court will look at several factors to determine the appropriate amount you should get.

Comparative negligence

When an accident occurs, oftentimes, the court can find both parties guilty of some degree of negligence. Kentucky follows a pure comparative negligence rule, meaning that the court will assign each party a percentage of fault based on their contribution to the accident. The judge will then reduce the amount you receive by your fault percentage; for example, if you are 40% responsible for the accident and the jury awards you $10,000 in damages, you will only receive $6,000.

Amount of economic losses incurred

Economic losses refer to any financial costs or expenses associated with your injuries, such as medical bills and lost wages. In order to cover these costs, the court may award you a certain amount based on how much money you were actually out-of-pocket. This includes taking into account any insurance payments or other compensation you already received for the accident.

The extent of non-economic damages

Non-economic damages are losses from motor vehicle accidents that are not easily measurable in terms of dollar amounts, such as physical pain and suffering, emotional distress and loss of enjoyment of life. The judge will consider the severity of your injuries when determining the amount to award you for these types of losses.

Availability of legal remedies

Under Kentucky law, certain restrictions exist on the type of claims you can bring against a defendant and how much money is available for those claims. Improving your chances of maximum compensation is largely dependent on understanding the legal process, assembling evidence and presenting your case in an effective manner.