About Your Car Accident Claim

Eastern Kentucky Car Accident Attorney

About Your Claim for Damages

When you come to John G. Rice, P.L.C., I see my job as your lawyer to get the highest amount of compensation with the least amount of risk, whether that is by mediation, settlement or jury trial. It isn't as simple as making a call to a lawyer's office and receiving a check in the mail. There is no fixed value for any particular claim or injury, or even for a wrongful death claim. The ultimate determining factor for any injury claim is what a jury will award if the matter is tried in a court of law. An insurance company for the responsible driver has no incentive to pay more than that figure. Of course, no one knows in advance what that figure will be. If it could be determined in advance, we wouldn't need juries.

At least two things must be proven for an auto accident claim to succeed: Liability (who is at fault) and Damages (what injuries and losses have been caused).

• Liability in Kentucky is not an all-or-nothing proposition. Kentucky is what is known as a "Pure Comparative Negligence" state, meaning that a jury here can apportion liability for an accident in any percentages it feels are justified by the evidence. That means they can split it 50/50, 90/10, 60/40, or any other ratio. If you are the injured party, you may still be able to recover some part of your proven damages even if you are determined by a jury to be partially at fault. If you are the responsible party, you may escape part of the responsibility if the jury apportions the fault between the drivers.
• Damages are more difficult to explain. Obvious injuries such as broken bones, lacerations, or bruises are exactly that... obvious. More subtle damages can often have the most lasting effects. Causation of the damage, when it isn't obvious, can be a problem to prove to a jury's satisfaction. That is where the testimony of the treating physician or other medical provider becomes necessary and a skilled attorney can best present this evidence to the jury, judge or insurer. Financial compensation for those injuries is a matter of the jury's determination of the sum that will fairly and reasonably compensate the injured party based on the evidence the jury has heard and believed. In settlement negotiations, it is based upon the insurance company's assessment, after hearing our evidence, of what it thinks that amount is likely to be.

Determining Your Financial Needs

No one can guarantee the outcome of any injury case, either in negotiation or in a jury trial. No one can set a fixed value on your injury or case. Before I practiced law, I worked 11 years as a counselor and director in rehabilitation facilities in Kentucky helping clients recover from spinal injuries, traumatic brain injury, and other severe effects of auto accidents. My medical and legal background, and access to qualified experts, helps me project your future medical needs and the associated costs of recovery.

The large majority of personal injury cases are settled through negotiation, and I have also settled claims through mediation or arbitration. I have over 20 years of litigation experience and I am fully-prepared to go to trial when my client is willing to take the chance, or when the insurance company's final offer is so bad that it becomes necessary. Whatever the forum, our firm is dedicated to securing the full compensation you require to recover from your physical injuries and the economic impact.

Contact a Personal Injury Attorney

If you or a loved one has been injured in a car accident in central or eastern Kentucky, please contact the law firm of John G. Rice, P.L.C. to discuss your case. You can reach us 859-759-4404 or toll-free at 1-866-542-2293 to schedule your free case evaluation.