An overview of the personal injury settlement process

On Behalf of | Jun 26, 2021 | Personal Injury

If you experience a major life-changing event like a motor vehicle accident, slip and fall, motorcycle collision, workplace injury or boating accident, your bills and medical expenses might add up very fast. So you do not carry the financial burden alone, you might choose to work with a personal injury attorney and sue to recover damages.

Familiarizing yourself with the injury settlement process in Kentucky may bring you peace of mind as you wait for your case to resolve.

Calculating damages

After documenting evidence of the accident and your injuries and alerting the police and appropriate authorities, turn to legal counsel for further assistance. An attorney can help you through the settlement process and help you recover adequate compensation for your injuries. To determine the proper amount for a settlement check, the attorneys on your case and the insurance companies involved will look to the following factors:

  • Medical bills (past and future)
  • Insurance policy limits
  • Vehicle repair costs
  • Loss of consortium
  • Future earning capacity
  • Lost wages
  • Pain and suffering
  • Evidence of fault

Trials vs. settlement process

Typically, those involved in personal injury cases prefer to settle out of court, rather than risk losing at trial. The settlement process allows you to avoid the stress of the courtroom while still receiving compensation. Your attorney will help you negotiate with the other side until you reach a settlement agreement.

You have one year from the date of your accident to file a personal injury claim in Kentucky. For cases involving property damage, you have two years until the statute of limitation tolls.