Understanding The Process Of Evaluating A Personal Injury Claim
There are many personal injury victims that visit law office after law office only to be turned away. It can be extremely frustrating to know that you were injured by the careless behavior of another only to find that you are unable to find a Kentucky personal injury attorney to represent you. Anytime you have been harmed by the negligent conduct of another it is natural to feel a compelling need for justice.
Whether you were injured in a motor vehicle accident, slip and fall, heavy equipment accident on a construction site or other type of accident, it can be less confusing if you understand how personal injury attorneys determine the financial value of an injury. Common factors in determining this value include:
Availability of Insurance Coverage: When the fault of the other driver is obvious and you suffer serious injury, it would seem you have a case that would be attractive to most personal injury attorneys. If the other motorist is an uninsured driver, however, the negligent party may have no financial means from which a judgment can be satisfied. Our experienced Kentucky personal injury attorneys may look to many other sources, such as assets of the at-fault driver, other potential defendants or even your own uninsured motorist coverage.
Evidence of Fault vs. Extent of Injury: There are certain cases involving strong evidence of fault where the damage threshold necessary to justify the cost of litigation may be relatively low. By the same token, intense litigation on the issue of fault is appropriate where a person suffers serious injuries. Because our personal injury lawyers take cases on a contingency basis, we must absorb the extensive costs of litigating a case until the time a recovery is obtained. If the case does not result in a recovery, we take the risk of loss. This means that it is necessary to conduct a risk versus return analysis to determine the value of a potential claim.
Nature of Negligence: Generally, the more egregious the wrongful conduct by the at-fault driver the greater the value of the case. When the at-fault driver is impaired by alcohol, for example, this may justify extensive punitive damages designed to punish such conduct and discourage future comparable actions.
Medical Expenses/Degree of Injury: When you suffer permanent debilitating injuries, this will tend to justify more extensive compensation. Examples of this type of injury include spinal cord injuries, paralysis, traumatic brain injury, extensive third-degree burns, amputation of limbs and similar severe injuries. At the other extreme, if you only have soft tissue injuries that will heal quickly with no long-term effects, it may not result in significant enough recovery to justify the expense of litigation.
The Kentucky personal injury attorneys at Goeing and Goeing, PLLC offer a free consultation so that we can investigate the facts of your claim and evaluate your case. We provide tenacious advocacy for our clients so that we can obtain the best possible outcome.