As an experienced injury lawyer serving all of Kentucky, I often encounter the question: “What makes a big injury case?” The answer isn’t as straightforward as one might think. To understand this complex issue, let’s delve into the factors that play a crucial role in an injury case, including the severity of injuries, liability, and insurance policy limits.
An Unfortunate Story
There’s a particular case that comes to mind which poignantly encapsulates the complexities of an injury case. This case was both a victory and a defeat, a sobering example of the harsh reality of personal injury cases.
A woman in her late 30s suffered severe injuries in a motorcycle accident. She was a passenger on the motorcycle when a 16-year-old unlicensed minor, driving her grandmother’s car, ran a stop sign and struck the motorcycle. The collision resulted in the client sustaining severe injuries including multiple leg fractures that necessitated several surgeries.
Given the nature of her injuries, once I signed this client up as a client, I immediately demanded the at-fault driver’s insurance company pay the insurance policy limits. However, I soon learned the policy limits were a mere $50,000 – nowhere near enough to cover my client’s extensive damages, which were potentially worth millions.
The minor driver didn’t even have a license and was driving her grandmother’s vehicle. The twist in the story lies in the insurance policy, which covered four vehicles and allowed for “stacking” of insurance coverage in the case of “separate acts of multiple insured.” This principle could theoretically raise the insurance coverage to $200,000, but only under specific conditions.
I knew this was likely a weak argument and I told my client it was, but I wanted to do everything possible for this client so I respected her wishes and filed a lawsuit on her behalf. Our argument was that the grandmother’s negligence in entrusting the vehicle to her granddaughter, combined with the granddaughter’s negligent act of running the stop sign, met the policy’s criteria for “separate acts of multiple insured.”
The insurance company disagreed. After several months of litigation, it was revealed that the grandmother had not, in fact, entrusted her granddaughter with the vehicle; she had taken it without permission. Thus, our argument fell through.
My client ultimately accepted the $50,000 policy limits, as the minor at fault had no significant assets. This case serves as a stark reminder that substantial injury claims require not only severe injuries and clear liability but also a significant amount of insurance coverage.
Key Takeaways For A Potential Big Injury Case
In most situations, a big injury case typically involves and accident with a commercial vehicle or an individual with substantial assets or insurance coverage. Since many individuals have little or no insurance on their automobile (it’s estimated 13.9% of Kentucky motorists are driving without insurance), it’s critical to protect yourself by having a significant amount of underinsured and uninsured motorist coverage on your automobile insurance policy. This coverage is invaluable if you’re involved in an accident with an uninsured motorist or one without enough liability insurance to cover your damages.
Unfortunately, in the case of my client, she did not have any of this insurance coverage to fall back on. The motorcycle owner did not have insurance, and my client did not own a vehicle covered by any insurance.
This serves as a crucial lesson: your potential for a significant financial recovery in an injury case is not solely dependent on the severity of your injuries or the other party’s liability. The presence of substantial insurance coverage or deep pockets to pursue is a key factor that cannot be overlooked.
Find Out If You Have a Big Injury Case – Contact Us Today!
At Meagher Injury lawyers, we handle big (and small) injury cases. We treat all client’s with the respect they deserve. We pride ourselves in providing excellent customer service, fighting aggressively for all our clients, and being brutally honest to all our clients at all stages of their case. We are Kentuckians fighting for injured Kentuckians, seeking always to get the maximum amount of compensation possible. If you think you may have a big injury case, contact us today for your free lawyer consultation.