What Is the Average Personal Injury Settlement Amount?

The average personal injury settlement in Lexington, Kentucky, can vary significantly depending on factors such as the type of accident, the severity of injuries, and the legal issues involved. While studies sometimes attempt to identify “average” settlement values, those figures can be misleading because every case is unique. 

The reality is that settlement amounts and trial awards span a wide range. Ultimately, the specific facts of your case — including medical costs, lost income, and long-term impact — will play the biggest role in determining its value.

Key Factors Influencing Personal Injury Settlements in Lexington, KY

Regardless of whether you were injured because of a slip and fall, medical malpractice, car accident, defective product, or nursing home abuse, the amount you receive for damages depends on many factors. The factors impacting average personal injury settlements include:

Severity and Permanence of Injuries

Minor injury cases often have lower personal injury settlements than severe and catastrophic injury cases. Many reasons contribute to this trend. For example, the cost of treating serious injuries is higher, and victims often spend more time out of work recovering from injuries. Therefore, the victim has significant economic damages.

Common injuries caused by accidents include:

  • Broken bones
  • Traumatic brain injury
  • Soft tissue injuries
  • Internal organ damage
  • Amputations and loss of limbs
  • Spinal cord injuries and paralysis
  • Neck injuries
  • Loss of hearing and sight
  • Back injuries

Permanent impairments often restrict a person’s ability to earn income. They may also require ongoing personal and/or medical care. The more severe the impairment, the higher the future costs. 

Permanent injuries can also increase a person’s suffering, thereby increasing non-economic damages.

Medical Expenses and Out-of-Pocket Expenses

Medical expenses include emergency medical services, hospitalizations, surgeries, and rehabilitative therapies. Different injuries require varying levels of treatment and care. Victims can seek reimbursement for all medical costs and compensation for future medical expenses.

Out-of-pocket expenses vary by case. These expenses can include, but are not limited to:

  • Household services if the person’s injuries prevent them from performing household chores
  • Assistance with child care
  • Transportation expenses to and from medical appointments
  • In-home personal care
  • Modifications to a person’s home and/or vehicle to accommodate a permanent disability

The at-fault party may argue that the expenses were not necessary or reasonable. The victim would need to justify the expenses, so it is essential to keep detailed records of all expenses during a personal injury case.

Loss of Income and Earning Capacity

An injured party may spend several days, weeks, or months out of work because of a personal injury. Loss of income includes, but is not limited to:

  • Lost wages and salary
  • Overtime pay
  • Bonuses and commissions
  • Employment benefits, including matching retirement funds, paid time off, etc.
  • Tips
  • Freelance and part-time income
  • Business income

The total loss of income is included in a personal injury settlement demand. However, the victim may also be entitled to compensation for diminished earning capacity. This situation arises if a permanent impairment prevents them from earning the same level of income as before the accident.

Pain and Suffering Damages

Pain and suffering are included as non-economic damages in a personal injury settlement. These damages include compensation for:

Pain and suffering damages are subjective. They vary based on the circumstances of the case. In many situations, the multiplier method is used to calculate pain and suffering damages. The more severe the person’s suffering and injuries, the higher the multiplier used. 

The number chosen as the multiplier (i.e, 1.5 through 5) times the person’s economic damages equals the value of pain and suffering.

Liability and Comparative Fault

The injured party must prove the elements of negligence, strict liability, or intentional tort to hold a person liable for damages. Liability is the legal responsibility to compensate someone for the losses and harm caused by wrongdoing. The stronger the evidence a victim has to prove liability, the greater their chances of receiving maximum compensation for damages.

Kentucky’s tort laws utilize a pure comparative fault standard in awarding damages. If a victim contributes to the cause of their injuries, their liability can reduce the award for damages. For example, if a jury finds the victim is 37% at fault for causing a car accident, the judge reduces the damages award by that percentage.

Insurance Policy Limits

Liability insurance coverage compensates victims if an insured party causes them harm for a covered loss. However, the insurance company is only liable for damages up to the policy limit. Therefore, if the policy limits are insufficient to compensate you for damages, you may need to file a personal injury lawsuit against the party who caused your injuries. 

Unfortunately, winning a lawsuit does not guarantee payment in all cases. A personal injury lawyer in Lexington, KY, can help you identify all legal options to maximize your recovery.

Personal injury and accident claims must be filed before specific deadlines, or you could lose your right to pursue a legal claim. For instance, most personal injury lawsuits have a one-year deadline. The court could dismiss cases filed after a year. However, car accidents must be filed within two years. 

The legal deadlines for filing injury claims vary depending on the type of claim being filed. There may be exceptions in some cases to the general rule. Seeking prompt legal advice for your case can help you avoid losing your right to sue someone after an accident or injury.

What Is My Personal Injury Case Worth in Lexington, KY?

In summary, personal injury settlement amounts in Lexington, KY, are highly case-specific but usually reflect the type and severity of injury, medical costs, lost income, and insurance policy limits. Kentucky’s laws, including a one-year statute of limitations and no caps on non-economic damages, shape the settlement landscape in a unique way.

Individuals considering a claim should seek prompt, knowledgeable legal advice to optimize their potential recovery. If you need more detailed, case-specific information or legal assistance in Lexington, call Ross Mann Personal Injury Lawyers to schedule a free consultation with a Lexington personal injury lawyer. 

We proudly serve Fayette County and the surrounding areas.

Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509

(859) 413-3900