Kaufman & Stigger, PLLC helps car accident victims in Louisville. Whether it’s representing them in the claims process or answering their questions, our experienced team can make this situation easier on you and your family. If you or someone you care about has been hurt in a car accident in Louisville, contact us today for a free consultation.
How Much is Your Louisville Car Accident Settlement Worth?
Like most things with the legal process, there’s really no set formula for figuring out what your particular car accident settlement will be worth. But there’s always markers for looking at what you could potentially get. Basically, it boils down to what your losses are. In a typical car accident, this includes things like:
- Severity of your injuries – First and foremost, your injuries and associated costs are going to be a big factor in what your claim is worth. Generally, the more injured you are, the more care you’ll need. And the more expenses and other losses pile up, the more you can potentially recover in a settlement.
- Missed work – Another factor with car accidents and injuries is missing work. Whether it’s going to doctor’s appointments, waiting for your car to get fixed, or even missing out on promotions or other benefits, your work life can be seriously impacted by a car accident.
- Damage to your car – If your car is damaged badly in the accident, you can potentially recover repair or replacement costs for it if you file a claim.
- Loss of quality of life – A car accident settlement isn’t just about physical injuries, there’s also an emotional component. So, if you can’t enjoy things the way you did previously, you can potentially recover damages for those in a settlement. The more impactful the loss, the more you can get.
A car accident is going to cause some level of injury, which is why there’s a legal process in place. But, the reality is that not every car accident is the same. So, it’s important to understand what you can do to strengthen your case.
What Can Be Done to Strengthen a Car Accident Claim in Louisville?
Whenever you’re in a car accident, just having the right to file a claim isn’t enough to get a settlement. Rather, you have to show the level of your losses. This process starts right after the accident happens, so you need to do the following to make sure you have a strong claim:
- Call 911 – First things first, call 911 to report the accident. The dispatcher will send an ambulance and local police to manage the scene and provide medical care. After EMTs take care of your injuries, it’s also a good idea to go to an ER for further care. Medical and official documentation of the accident will be important evidence for your claim.
- Start getting evidence – You’ll want to take pictures and/or videos of the accident scene, vehicle damage, and injuries to provide concrete proof of what happened. These visuals help to substantiate your claim and show the severity of the incident, making it harder for insurers or opposing parties to dispute your version of events.
- Go along with any investigations – When you talk to police or insurance reps, give clear and honest statements so you can provide a straightforward account of what happened. This cooperation helps prove your claim is truthful, making it harder for others to dispute your account of the accident.
- Exchange important information – Get contact and insurance details from the other driver and witnesses to start the claims process and have a third-party account. This will confirm the facts and give you accurate information for your claim. Witness statements can be crucial in supporting your case.
By following these steps, you not only protect your health and rights but also greatly increase your chances of getting a fair settlement. But remember, you have to actually file your claim to have a chance at a settlement.
How Do You Get a Settlement After a Car Accident in Louisville?
There’s two main parts to the legal process after a car accident in Louisville: establishing liability and then filing a claim for damages.
Liability is legal responsibility for the accident, and gives you the person or group that has to actually pay for your damages in a claim. In Kentucky, liability is set by showing “negligence.” At least legally, this means showing the following elements:
- The other person had a responsibility to act in a safe way
- They breached this responsibility by being negligent.
- Their breach caused the car accident.
- You were injured and suffered losses as a result.
While this sets the legal standard, liability in a typical car accident can be very tricky. This is mostly because liability can also involve others, like:
- The person that owns the vehicle, if it’s not the driver.
- Car or parts makers, if a problem caused the accident.
- The city or state government, if poor road conditions played a part.
- Employers, if the driver was working at the time.
It’s important to figure out all of the liable parties, because the law allows you to file an injury claim against whoever is responsible. This means you can get more damages in a claim, but it also can complicate the process. Regardless, you generally file an injury claim to get a settlement, and this is typically done by either:
- Filing an insurance claim
- Filing a personal injury lawsuit.
From there, the settlement or verdict is made up of your “damages” from the accident, which includes things like:
- Medical expenses
- Lost wages
- Repair/replacement costs for your car or other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses in a fatal accident
You have to file your claim within one year of the date of the accident in Kentucky in order to have access to these damages and a settlement, but once that’s cleared, you’re well on your way. At the same time, you have to remember that what you get in a settlement is going to depend on several factors, from how well you present your case to how liable the others are. Because stakes can be high in these claims, partnering with our experienced team can make sure you get what you’re owed.
Contact Kaufman & Stigger After a Louisville Car Accident
Being in a car accident in Louisville is an unfortunate and usually painful experience. But you have legal options and our Louisville car accident lawyers at Kaufman and Stigger, PLLC can help you. We’ll explain your options, help you put together a strong claim, then support you throughout the claims process. Contact us today for a free consultation to get started.
