Why might one case settle for $10,000 while another settles for $1,000,000? There are many reasons, but it’s primarily based on the situation’s facts, the injury’s severity, the evidence supporting the defendant’s liability, and their ability to pay for a settlement or verdict (usually covered by an insurance policy).
The Facts
Facts and evidence are the foundation of every civil lawsuit. The plaintiff (you, the injured party filing the lawsuit) has the burden of proving that it’s more likely than not the defendant (the party causing the accident) was negligent and they caused the accident and your injuries.
The judge and jury won’t take your word for it. You’ll need evidence to support your claims, and the more credible, the better. Since you’re filing the lawsuit and have something to gain if the verdict goes your way, some jury members may be skeptical about what you say.
That’s one reason why independent sources of information can greatly aid your case, and the stronger it is, the greater the settlement value. This could be by witnesses in your car or around the crash scene. Surveillance video from nearby homes and businesses may be helpful, as can cameras at intersections or on highways.
Physical evidence can be critical in a case. Skid marks and where and how severely a vehicle is damaged can help explain what happened. Modern vehicles are increasingly computerized, and data stored in vehicles may have information relevant to what happened and when. If a driver’s smartphone use before the accident is an issue, how and when the phone was used could be determined by the smartphone and the driver’s internet service provider.
The facts show how the accident happened, why, and who’s to blame. It’s up to us to use the facts and evidence to tell your story, and the story of year accident, in a way that makes an insurance company, judge, or jury see things your way.
Severity of the Injury
The more severe your injury, potentially, the more it’s worth. A case with a broken neck should take more to settle than one with a fractured toe. The person’s life is more affected. They may lose a substantial amount of income, have tremendous medical bills, and suffer emotionally, psychologically, as well as physically.
If severe enough, an injury can be permanently disabling. A person could suffer through constant pain and need ongoing treatment for years. An active life could be turned into one spent in a hospital bed. You may read about substantial settlements and verdicts, but no one wants the injuries that make them possible.
We don’t exaggerate our client’s claims but describe them to the fullest extent possible. We want the decisionmaker to understand your injury and its effect on you.
Evidence of the Defendant’s Liability
The facts should show that the accident was mainly, if not wholly, the defendant’s fault. As serious as your injuries may be, the more the evidence blames you, the less your case is worth. Part of that is Kentucky’s comparative negligence laws, which shrink what you can obtain by how much at fault you are for the accident.
If a jury finds you are 40% at fault for the accident, the money you may have received is cut by 40%. Every trial has good and bad guys. Each side wants to portray themselves as the good guy. The more at fault you are, the easier it is for the defense to paint you as the bad guy, someone the jury should not be sympathetic to.
The better the evidence the defendant is at fault, the easier it should be to settle a case favorably. The defendant’s attorneys shouldn’t want to waste their time contesting liability if evidence points their direction. They may shift their attention to minimizing the extent of your injuries. The insurance company understands they’ll pay something. They want to reduce it as much as possible.
The Defendant’s Ability to Pay
A defendant with little or no insurance and few assets to help pay a settlement is the nightmare scenario for a severely injured plaintiff, and we’ve gone through them.
MSN estimates that 37 states have residents with higher net worth, and our poverty rate is the fifth worst in the country. As a result, many of us can’t afford to splurge on vehicle insurance more than the state’s minimum coverage. If that coverage is exhausted, there may be few other assets to add to a settlement or jury verdict.
Substantial recoveries only happen when adequate insurance coverage and assets are available to pay them. You may be severely injured, and the other driver is clearly at fault, but there’s no guarantee you’ll be fully compensated for your injuries.
Speak To a Kentucky Accident Lawyer Today
Other attorneys take contingent fees of 33% to 50% of your settlement.
We want you to keep more of your money.
Our contingent fee is only 30% on cases settled prior to filing suit.
