Introduction
Winning an injury case is not usually very easy. Insurance companies and large corporations will take action to try to pay you the least amount possible for your injury claim. I’ve seen this firsthand. You see, I spent years working on behalf of insurance companies in Kentucky defending personal injury claims in Kentucky courts throughout the state. To win an injury case in Kentucky, you must be able to prove another party was liable for your injuries and damages. Let me tell you the story of my past client, Gwen.
Gwen’s Story
Gwen was struck by a vehicle when she was a pedestrian, but what I’m about to teach you in this video will apply to any type of injury case, including automobile accidents, slip and trip and fall incidents, and any other type of Kentucky personal injury case.
One day, my office received a call from Gwen. My receptionist got several of the details about Gwen’s case and then added me to the call. I have a vivid memory of my first conversation with Gwen. I could tell from our first conversation that Gwen was a very kind soul who had simply been at the wrong place at the wrong time. Gwen was hit by a vehicle at night in downtown Louisville, Kentucky. If you find yourself in a situation like Gwen you should consider hiring a car accident lawyer in Louisville.
Initial Concerns
During my first conversation with Gwen, she told me there was probably nothing I could do for her as she was likely at fault for the accident. She only called because she wanted to make sure that she 100% positively did not have a case. Gwen admitted that she had drunk some alcoholic beverages the night of the incident before it occurred. She also admitted that she was in an argument with a family member when the incident happened. She knew very few details about the incident, like if she had the right of way, as she did not even know if the crosswalk light was signaling to her that it was safe to cross the street.
Gathering Evidence
Despite Gwen’s uncertainty, I wanted to help her. When Gwen became my client, I told her to focus on her medical treatment while I investigated how the accident happened. My team and I began investigating her case. We contacted all the businesses with offices near the intersection where Gwen’s incident occurred to see if they had any surveillance footage that caught the incident on video. After several communications with the businesses, we were able to track down two separate videos depicting Gwen’s incident.
Video Evidence
The first video showed a side angle of the incident. Although I couldn’t see the crosswalk light or the traffic signal, several things stood out:
- Gwen had been in the intersection for some time before being hit, almost clearing the driver’s lane of travel.
- The impact flipped Gwen into the air.
- The driver’s brake lights did not illuminate until after the vehicle struck Gwen.
The second video, taken from the other side of the street, showed Gwen well in the intersection and in the driver’s lane of travel before he even entered the intersection. The driver’s light turned yellow as he entered the intersection.
Proving Liability
These videos helped Gwen’s case. It was clear that the driver shared some liability for the accident. In Kentucky, you can recover for your damages from any party deemed at fault for the accident, but you are limited to only collecting the percentage of your damages that the party is deemed at fault. This is known as pure comparative negligence. Even if a person is 99 percent responsible for an accident, they could potentially recover 1 percent of the damages from the other party.
Settlement Negotiations
Gwen wrapped up her medical treatment after a few months. My office then gathered all of Gwen’s medical records and bills. I sent a written demand to the driver’s insurance company to initiate settlement negotiations. After several rounds of negotiations, we settled Gwen’s case for $75,000. If we could have proven the driver was 100% at fault, we could have gotten more, but considering the circumstances, this was a win.
Conclusion
The big takeaway for anyone with an injury claim in Kentucky is that you can win your injury case and obtain a settlement even if you are partially or mostly at fault for your accident. As long as you can show that another party is at least somewhat at fault, you have a chance to recover damages.
If you’ve been injured in an accident in Kentucky, do not automatically think you cannot win your case because you were at fault. Do some digging, and you may find that another party shares at least some of the fault for the accident. This can help you win your Kentucky injury case.
The thing is, just because you now have evidence suggesting another party is at least partially at fault, it does not mean the insurance company will offer to pay you a fair and reasonable amount. Often, you must file a lawsuit to get paid more on your injury claim. In this video about to pop up, I’ll tell you why filing a lawsuit usually gets you paid more in your injury case. Lastly, if you’ve been injured in a car accident, slip or trip and fall incident, or dog bite or attack in Kentucky, remember: don’t wait, call Tate.
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