Frequently Asked Questions About Injury Lawsuits

Most of our clients have never dealt with personal injury law before. Naturally, they have questions about the process of getting compensated for their injuries and what to expect. Here are general answers to some of the frequently asked questions the attorneys at Herren & Adams LLP receive.

What if the accident was partly my fault?

Kentucky is a comparative negligence state. This means that any negligence on your part that contributed to the accident does not bar you from recovery. However, it could reduce the amount of damages you recover.

What compensation can I recover?

There are two basic types of personal injury damages: economic and noneconomic. Economic damages include things like hospital bills and lost wages — things that are relatively simple to put a dollar figure on. Noneconomic damages, such as pain and suffering and reduced quality of life, are more difficult to quantify, but are as valid as economic damages experienced by many victims of negligence. We know how to use the evidence to reach an accurate compensation level for you.

What does subrogation mean to me in a personal injury lawsuit?

This is a complex subject having to do with the insurance company's right to seek a claim against an at-fault party. In short, the insurance company may seek to claim some of the damages you receive, though, as your lawyers, we will work hard to help you keep the maximum amount of your recovery. We can explain this in greater detail during our free initial consultation.

How do injury lawyers get paid?

We do not charge an hourly rate in most personal injury cases. Like most personal injury firms, we are paid on contingency. We accept a percentage of your negotiated settlement amount or trial verdict. If we are not successful, you owe us nothing.

Is a court case necessary?

Most personal injury lawsuits end in out-of-court settlements. Often, the facts of the case are clearly in favor of one party, and it is not worth the time or expense of either side to proceed to trial. However, every case is different and defendants can be unpredictable. We are always prepared to take our personal injury claims through to jury verdict.

My pre-existing condition got worse as a result of a car accident. Can I recover damages?

Most likely yes, to the extent that accident worsened your condition. For example, if you had chronic back pain that was aggravated by the accident to the point that you can no longer work, you could be entitled to compensation for lost future wages.

Have More Questions? Schedule A Free Consultation With One Of Our Lawyers.

To learn more about how we can use the law to help you, contact Herren & Adams LLP in Lexington at 859-554-4629 or via email. Our office is downtown and near convenient parking space.