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What Are the Long-Term Effects of a Brain Injury, and How Are They Factored into a Lawsuit? Can I Still File a Lawsuit if the Brain Injury Was Partially My Fault? Compensation for Birth Injuries: What Can You Claim in Kentucky? How Is Fault Determined in a Kentucky Car Accident? What Compensation Can I Receive After a Car Accident?Archive
Can I Still File a Lawsuit if the Brain Injury Was Partially My Fault?
A brain injury can alter the course of its victim’s life and can lead to ongoing physical, financial, and emotional losses that are difficult to overstate. In the State of Kentucky, victims of negligence-based accidents can seek compensation for their losses from the party whose negligence caused the accident. Even when the victim shares fault, they can pursue the percentage of their losses that the other party is responsible for. Consulting with an experienced Lexington brain injury lawyer early in the process is the best way to protectone’s rights to compensation.
Car Accidents and Shared Fault
Car accidents are a primary cause of brain injuries, including traumatic brain injuries (TBIs) and the consequences tend to be profound. Car accidents offer a good example of how fault can be shared in a brain injury claim.
Let’s say that a drunk driver failed to stop at a stop sign and, in the process, hit another motorist in the intersection, causing the motorist to suffer a brain injury. If the motorist’s distraction or excess speed contributed to the severity of the accident, they could be assigned a percentage of the fault involved, which can directly affect their brain injury claim.
How Claims Involving Shared Fault Work in Kentucky
When the victim of a brain injury isassigned the percentage of the fault in an accident that caused them to suffer a brain injury, their overall compensation will be reduced by this percentage to reflect their fault in the matter. Consider the following example:
- An accident victim suffers a brain injury in an accident that was caused by another person’s negligence, but 20 percent of the fault is assigned to the victim themself.
- The accident victim’s losses, which are considerable in the face of a brain injury, are calculated at $300,000.
- As a result of bearing 20 percent of fault in the matter, the accident victim will receive $240,000 in total compensation in a successful brain injury claim. This is $300,000 minus the 20 percent they are responsible for – or minus $60,000 – which equals $240,000.
The Victim’s Losses
Brain injuries are closely associated with dire consequences and very serious losses, which can include all the following:
- Medical expenses, which can include future healthcare needs
- Lost income, which could reflect a derailed career
- Physical and emotional pain and suffering, which can be devastating
Make the Call to an Experienced Lexington Brain Injury Attorney Today
The dedicated Lexington brain injury lawyers at Wilt Injury Lawyers appreciate the gravity and severity of brain injuries, and we leave no stone unturned in our efforts to resolve each claim in accordance with our clients’ best interests. Our well-respected legal team is here to help, so please reach out today by calling 502-427-6813 or contact us online for more information.