How Much is Your Claim Worth?
How Much is Your Claim Worth?
Explore actual payouts made to car accident victims in Kentucky. Look for personal injury cases similar to yours.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $8,306 |
| Moderate Injury | $34,968 |
| Severe Injury | $360,302 |
Payout Range by Type of Accident |
|
| Rear-End Collisions | $4,431 – $681,171 |
| Side-Impact Collisions | $1,610 – $1,000,000* |
* includes a permanent brain injury
Our group of Kentucky accident cases includes a $1,000,000 settlement made by a commercial insurer. Most car accident injury claims involve personal auto insurance policies, and most victims can expect a payout in the moderate range.
We reviewed a collection of actual car accident injury cases filed in Kentucky courts. Victims’ injuries ranged in severity from minor sof. The base amount of PIP coverage required is $10,000. A no-fault injury settlement will cover the cost of your medical bills, related out-of-pocket expenses, and lost wages. PIP does not cover future losses or pain and suffering.t tissue injuries to permanent brain damage.
Car accident victims are not allowed to file an injury claim or lawsuit against the at-fault party unless their injury exceeds Kentucky’s no-fault injury threshold.
When your injuries exceed the no-fault threshold, you are allowed to pursue a liability claim against the at-fault driver or their insurance company. Your liability claim will seek compensation for all your damages, including future medical costs, future wage losses, and non-economic damages, like pain and suffering.
Injuries severe enough to exceed the no-fault threshold should be handled by an experienced personal injury attorney. A liability claim against the at-fault driver requires proving the driver’s fault as well as evidence of all your damages.
Other factors that influence injury payouts in Kentucky include:
Kentucky has a two-year statute of limitations for car accident injury claims that are not covered by PIP benefits. Claims for survivor’s death benefits must be filed within a year of the accident resulting in death.
Kentucky is a statutory no-fault state, meaning victims must first seek injury compensation under their own auto insurance for medical costs, lost wages, and replacement services.
Kentucky car owners and drivers who don’t have insurance could have their vehicle registration revoked, face fines from $500 to $1,000, and serve up to 90 days in jail.
Minor car accident injuries are generally limited to soft-tissue bumps, bruises, cuts, scrapes, and mild sprains or strains. Most minor injuries are fully healed in a couple of weeks. The victim might miss a few days of work.
Type of Injury: Back and neck injuries-Cervical and lumbar soft tissue injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $1,610
Case Summary: Plaintiff was operating his automobile. Defendant was backing out of a parking lot onto the Road and the two vehicles collided. Plaintiff alleged defendant was negligent in failing to yield the right-of-way and keep a proper lookout. Plaintiff claimed he sustained soft tissue cervical and lumbar injuries that resolved prior to trial. Defendant denied liability and disputed the proximate cause of plaintiff’s injuries. A District Court jury returned a plaintiff verdict for $12,000. However, plaintiff appealed the decision to Circuit Court. The Circuit Court jury awarded plaintiff just $1,610, which represented half of his claimed medicals.
Location: Johnson County, Kentucky
Case Name and Docket Number: Kronmueller v. Wilson, 97 CI 0395
Type of Injury: Soft tissue neck and knee pain; Other-cervical strain
Type of Accident: Rear-End
Award/Settlement Amount: $4,431
Case Summary: Plaintiff rode with her co-worker/defendant, as they left work. While attempting a left turn, defendant turned into the path of another car, leading to a collision. Plaintiff was treated for soft-tissue neck and knee pain. Two weeks later, plaintiff was involved in another automobile accident. This time she was rear-ended while at a red light. Following this accident, plaintiff was diagnosed with a cervical strain. Plaintiff then sued defendant, seeking money damages for her injuries. Defendant conceded liability prior to trial but defended the case focusing on causation and damages. Specifically, she claimed that plaintiff’s injuries were caused by the second accident and not the first. Jury awarded plaintiff $4,431.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Denton v. Bishop, 99 CI 1151
Type of Injury: Neck injury-cervical strain and post-traumatic headaches
Type of Accident: Rear-End
Award/Settlement Amount: $4,592
Case Summary: Defendant rear-ended an automobile in which plaintiff was a passenger. The plaintiff suffered cervical strain in neck and post-traumatic headaches. Plaintiff alleged that defendant was negligent in failing to maintain a proper lookout and in failing to maintain proper control of his vehicle. Defendant contended that: he mistakenly took his foot off the clutch of his vehicle believing the vehicle was in neutral; his vehicle moved forward and struck the vehicle in which plaintiff was a passenger in a minimal impact collision; and plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury awarded plaintiff $4,592 in damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Edelen v. Dean, 13-6614
Type of Injury: Soft-tissue back, neck and shoulder injuries; Others-headache and a disc bulge at T-12.
Type of Accident: Rear-End
Award/Settlement Amount: $5,762
Case Summary: While waiting at an intersection for traffic to clear so that she could turn plaintiff was rear-ended by defendant. As a result of the collision, plaintiff said she experienced severe headaches along with low back, neck, and shoulder pain. She treated with her doctor for these soft-tissue injuries. After an MRI, plaintiff’s doctor diagnosed her with a small disc bulge at T12 while also noting the degenerative disc disease symptoms were “kindled” by the crash. The defense tended to discount the injury, focusing on the minor vehicle damage. As liability was admitted, the trial considered damage issues only. The jury awarded plaintiff $5,762.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Swecker v. Rogers, 98 CI 7080
Type of Injury: General soft tissue injuries
Type of Accident: Rear-End
Award/Settlement Amount: $5,997
Case Summary: Plaintiff was involved in a minor automobile accident while waiting at the stop light. Plaintiff alleged she sustained soft tissue injuries as a direct result of this accident and testified that she did not remember any preexisting problems. Plaintiff claimed the impact was sufficient to cause her injuries. Defendant admitted she struck the rear of plaintiff’s vehicle but denied that plaintiff was injured in this minor impact. She claimed plaintiff had similar complaints per her medical records prior to this accident and that plaintiff’s injuries were likely preexisting. Jury returned a plaintiff verdict for $5,997.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Perkins v. Hammond, 2011-CI-005474
Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Side-Impact
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was traveling on a two-lane road when Defendant made a left turn in the path of plaintiff’s oncoming vehicle. Plaintiff alleged the accident was the proximate cause of her soft tissue neck and back injuries. Plaintiff’s doctor prescribed physical therapy for one month and pain medication. Plaintiff claimed she missed three days of work and had residual discomfort through the Spring of that year. Defendant admitted failing to yield the right-of-way and causing the accident but disputed the duration and extent of plaintiff’s medical treatment, as well as the duration of her ongoing pain complaints. However, parties reached a $7,500 settlement prior to trial.
Location: Louisville, Kentucky
Case Name and Docket Number: Maddox v. Transervice Logistics, 201301851
Type of Injury: Head, neck and shoulder injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $8,361
Case Summary: Plaintiff was exiting a Fair and Exposition Center when defendant turned left against the light, striking the plaintiff’s vehicle in the front driver’s side. The impact forced plaintiff’s head through the driver’s window and propelled the car through the intersection. About one month later, plaintiff complained of continued neck and shoulder pain. His doctor diagnosed a cervical strain and linked it to the motor vehicle accident. Defendant did not challenge liability, primarily defending suffering damages. In her closing, Defendant conceded that plaintiff had suffered a neck injury, but described plaintiff’s pain complaints as “intermittent at best.” Jury awarded plaintiff $ 8,361 in damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Thompson v. Kitchen, 99 CI 3632
Type of Injury: Soft tissue shoulder and neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $9,620
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her car phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries. Plaintiff contended that defendant was negligent in failing to pay full time and attention to the operation of her vehicle and that it is negligence per se for one to talk on a car phone while operating a vehicle. Plaintiff claimed $5,000 in medical specials and $250 in lost income. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. Jury awarded plaintiff $9,620.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Wilson v. Brown, 96 CI 4886
Type of Injury: Back injury, aggravated TMJ and cervical and lumbar strains
Type of Accident: Rear-End
Award/Settlement Amount: $9,847
Case Summary: Plaintiff was involved in two separate motor vehicle accidents which occurred on two different dates. In the first accident, her vehicle was struck from the rear while she was stopped in traffic on a public roadway. In the second accident, her vehicle was struck broadside as she exited a parking lot. Plaintiff said she suffered aggravated TMJ and cervical and lumbar strains from the combined effects of the two accidents. The defendants denied liability and contended that the plaintiff’s injuries were preexisting. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: White v. Herbert, 99 CI 3481
Type of Injury: Back injury-cervical, thoracic and lumbar strains
Type of Accident: Side-Impact
Award/Settlement Amount: $9,949
Case Summary: Plaintiff was involved in a motor vehicle accident with defendant. Plaintiff claimed injuries of lumbosacral neuritis, cervical, thoracic, and lumbar strains with spasms. Plaintiff sued defendant for motor vehicle negligence with a claim that she operated her vehicle in a negligent and careless manner and was the proximate cause of his injuries. The defendant denied liability and claimed plaintiff acted negligently and failed to exercise ordinary care for his own safety. The jury returned damages for plaintiff of medical expenses only, declining to provide pain and suffering damages.
Location: Christian County, Kentucky
Case Name and Docket Number: Morris v. Brown, 2013-CI-000773
Type of Injury: Chest contusion; general soft tissue body injuries and foot pain
Type of Accident: Side-Impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving on a narrow gravel country road. He claimed his car was sideswiped by a vehicle driven by Defendant. Plaintiff’s vehicle sustained moderate property damage. Plaintiff alleged he sustained soft tissue bruising, including a chest contusion, for which he treated immediately after the accident. He claimed he later developed foot pain, which he argued arose from this accident. Defendant admitted he was at fault for the accident, but disputed causation of some of plaintiff’s injuries. Defendant admitted that plaintiff may have sustained some soft tissue injuries but argued that his foot problems were not related to the crash. Jury awarded plaintiff $10,000.
Location: Jefferson County, Kentucky
Case Name and Docket Number: John Ruhs v. PJAX, Incorporated, 08-CI-3339
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $11,100
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to maintain proper control of her vehicle and in failing to maintain an assured clear distance ahead. Plaintiff said he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled on the first day of trial.
Location: Louisville, Kentucky
Case Name and Docket Number: Sistrunk v. Barkley, 01 CI 5981
Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped his vehicle for traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff asserted that the accident was the proximate cause of the soft tissue injuries to his neck and back. Plaintiff maintained that he continued to suffer residual back pain after the conclusion of physical therapy. Plaintiff’s treating internist opined that the injuries to plaintiff’s neck and back were proximately caused by the motor vehicle accident, but the physician could not comment as to the permanency of the condition. Defendant stipulated to liability, but disputed causation. Defendant contended plaintiff deserved some treatment but said the treatment he received was excessive. Jury awarded plaintiff $12,000.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Ahl v. Settles, 13-CI-00078
Type of Injury: Soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped for a traffic light at an intersection and was struck from behind by a vehicle driven by Defendant. Defendant was intoxicated at the time of this accident with a blood alcohol level of 0.16. Plaintiff alleged defendant was negligent in operating a motor vehicle while intoxicated. He claimed he sustained a soft tissue neck injury because of the collision. Plaintiff also sought punitive damages because of defendant’s intoxication. Defendant admitted liability for causing the accident but disputed the amount of plaintiff’s damages. Parties settled for $12,000 prior to trial.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hendrix v. Logan, 96 CI 5241
Moderate injuries often involve more extensive soft-tissue injuries, concussions, simple bone fractures, and significant sprains and strains. Some victims suffer disc injuries with lingering effects. Moderate injury victims could be off work for weeks or months when the injuries interfere with the physical requirements of their job.
Type of Injury: Back injury-herniated cervical disc at C3-C4 and aggravation of a preexisting neck and back condition (protruding disc).
Type of Accident: Rear-End
Award/Settlement Amount: $14,454
Case Summary: Plaintiff was stopped for a red light at an intersection, where he was rear-ended by a vehicle driven by Defendant. Plaintiff suffered a cervical disc herniation at C3-C4. Plaintiff had undergone cervical disc fusion surgery prior to this accident at a different level. Plaintiff further acknowledged that he was involved in a subsequent accident but claimed that the subsequent accident merely aggravated his injuries from this accident. Defendant admitted liability for the accident but contended that this was a minor accident as evidenced by little property damage to plaintiff’s vehicle. He also argued that plaintiff had preexisting neck and back problems, which were degenerative and work-related in nature. Jury awarded plaintiff $14,454.
Location: Lexington, Kentucky
Case Name and Docket Number: Trujillo v. Stovall, 580707
Type of Injury: Soft tissue cervical and lumbar back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $17,491
Case Summary: Plaintiff claimed he was parked in front of his house, warming up his pickup truck on a rainy morning when his truck was hit from the rear by a school bus, being driven by defendant. Plaintiff claimed he suffered soft-tissue cervical and lumbar injuries which required chiropractic treatment. Plaintiff alleged the accident was caused by defendant driver, who failed to properly observe plaintiff’s vehicle. Defendants contended plaintiff drove his pickup in front of the school bus and the bus driver was unable to stop in time to avoid the accident. Defendants argued that the accident and any injuries plaintiff claimed were the result of plaintiff’s own negligence. The parties settled for $17,491 prior to trial.
Location: Magoffin County, Kentucky
Case Name and Docket Number: Little v. Caudill, 10-1236
Type of Injury: Soft tissue neck injury and post-concussive syndrome, post-concussive headaches
Type of Accident: Head-On
Award/Settlement Amount: $19,055
Case Summary: Defendant was driving the third vehicle in a line of vehicles traveling on a Highway. The first vehicle made a left turn. The second vehicle slowed or stopped, and defendant struck this vehicle, pushing it into oncoming traffic where it struck plaintiff’s vehicle head-on. Plaintiff claimed she sustained soft tissue neck injury and post-concussive syndrome resulting in post-concussive headaches. Plaintiff contended that defendant was negligent in rear-ending the second vehicle, causing it to go out of control and strike her vehicle. Defendant did not seriously contest liability. Defendant contended that plaintiff’s injuries were not as severe as she alleged. Parties reached a settlement.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Baker v. Sadler, 13-802
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $24,040
Case Summary: Plaintiff was operating his vehicle with his wife as a passenger. They stopped at a toll booth on the road. Defendant was approaching the same toll booth. He struck two vehicles, forcing one of them into the rear of plaintiff’s vehicle. At the scene of the accident, defendant’s blood alcohol level was .15. He was arrested and convicted of drunk driving. Both plaintiffs claimed soft tissue neck and back injuries. Defendant contended that this was a one-time occurrence and he had already been punished. Also, defendant argued that there was no evidence that his intoxication was the proximate cause of the accident. Plaintiff awarded $24,040, including $1,000 for punitive damages.
Location: Pikeville, Kentucky
Case Name and Docket Number: Robinson v. Ramey, 97 CI 1076
Type of Injury: Head injury-concussion; Back injuries-soft tissue cervical injuries.
Type of Accident: Side-Impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a passenger in a vehicle driven by Defendant. Defendant failed to stop at a stop sign and was broadsided by another vehicle at the intersection. The impact forced plaintiff’s vehicle off the road and into a fence. Plaintiff suffered a concussion, and soft tissue cervical injuries. Plaintiff alleged that defendant was negligent in the operation of a motor vehicle. Defendant admitted causing the accident and did not dispute plaintiff’s injuries. Defendant’s liability carrier agreed to a $25,000 policy limits settlement.
Location: Lexington, Kentucky
Case Name and Docket Number: Elam v. Audi of Lexington, 2011-SC-000449-WC
Type of Injury: Head injury-scalp laceration; low back strain and a disc bulge
Type of Accident: Side-Impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was driving southbound on his way home from work, when a car driven by defendant turned left into his path, resulting in a collision. Despite having suffered a deep scalp laceration and experiencing neck and back pain, plaintiff was able to drive himself to the ER, where he was diagnosed with a low back strain and a minor disc bulge. His doctor linked the strain to the wreck, but not the disc, pointing instead to degenerative conditions. Defendant admitted liability for causing the accident. Defendant’s liability carrier agreed to a $25,000 policy limits settlement.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Pitman v. State Farm, 99 CI 0463
Type of Injury: General soft tissue injuries; Others: Plaintiff 3-migraine headaches and a facial laceration with nerve damage
Type of Accident: Side-Impact
Award/Settlement Amount: $27,380
Case Summary: Defendant was driving his vehicle when he failed to stop at a sign and broadsided a vehicle driven by Plaintiff 1. Plaintiff1’s 8-year-old daughter, was a passenger in the vehicle. Plaintiff3 was also a passenger in Plaintiff1’s vehicle. Plaintiffs claimed that they suffered soft tissue injuries which required emergency room treatment and chiropractic treatment six months later. Plaintiff3 also claimed migraine headaches and a facial laceration with nerve damage because of the collision. Defendant admitted liability for the accident but contended that plaintiffs’ soft tissue injuries resolved quickly and that the chiropractic treatment six months after the accident was unrelated. Also, defendant asserted that Plaintiff3’s migraines preexisted the accident and were unrelated. Jury awarded plaintiffs $82,139.
Location: Wolfe County, Kentucky
Case Name and Docket Number: Rue v McClain, 01 CI 0066
Type of Injury: Soft tissue neck and low back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $31,200
Case Summary: Plaintiff’s vehicle was rear-ended at high speed by another vehicle, being driven by defendant. Defendant admitted to the investigating officer that he had fallen asleep at the wheel. Plaintiff was traveling at 55 m.p.h. at the time of the accident and reasoned that defendant must have been traveling at a higher rate of speed to have caught up with her. Plaintiff said that she suffered soft tissue neck and low back injuries which required a prolonged recovery because she was 5 months pregnant at the time of this accident and treatment was delayed until after delivery. Defendant admitted liability for the accident but disputed the damages. Jury awarded plaintiff $31,200.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hickerson v. Hamilton, 96 CI 0155
Type of Injury: Soft tissue neck, shoulder, wrist and hand injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $32,599
Case Summary: Plaintiff was operating her vehicle eastbound in the right lane. Defendant was operating her own vehicle in the same direction, in the left lane. An unidentified driver was also operating her vehicle eastbound, behind plaintiff. The unidentified driver moved her vehicle from the right lane to the center lane. Second Defendant, who was operating her vehicle in the center lane at the same time, moved to the left lane, in front of the vehicle driven by Defendant. As a result, defendant spun out of control and struck plaintiff’s vehicle. Plaintiff sustained soft tissue neck, shoulder, wrist, and hand injuries. Plaintiff claimed negligence by all three drivers was wanton disregard for the safety of other drivers. Defendants disputed liability. Jury returned a plaintiff verdict.
Location: Warren County, Kentucky
Case Name and Docket Number: Shields v. Brown, 04-0312
Type of Injury: Back injury-cervical and lumbar strains/sprains
Type of Accident: Rear-End
Award/Settlement Amount: $36,170
Case Summary: Plaintiff’s vehicle was stopped, preparing to turn, and was struck from behind by Defendant’s vehicle. Plaintiff claimed that he sustained cervical and lumbar strains from the accident. Plaintiff filed a complaint against defendant for negligence, contending that defendant failed to maintain proper control of the vehicle he was operating, that defendant was following too closed and driving at a high rate of speed in the circumstances. Defendant admitted that he rear-ended the Plaintiff’s car but denied being negligent. He argued that he was faced with a ‘certain emergency’ and contested plaintiff’s claimed damages. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Bolden v. Meade, 00 CI 1637
Type of Injury: Back injury-bulging disc
Type of Accident: Side-Impact
Award/Settlement Amount: $38,390
Case Summary: Plaintiff was waiting for oncoming traffic to cross at a rural crossroad with a stop sign/stop light when he was struck by defendant traveling from plaintiff’s left. Plaintiff was treated in an emergency room, and later by a chiropractor and orthopedic surgeons. He was diagnosed with a bulging disc two years after the collision. Defendant admitted liability for causing the accident but disputed causation. Parties however reached a $38,390 settlement before trial.
Location: McCracken County, Kentucky
Case Name and Docket Number: Thompson v. Falder, 14-CI-00406
Type of Injury: Back injuries, soft-tissue cervical and lumbar
Type of Accident: Side-Impact
Award/Settlement Amount: $40,000
Case Summary: Plaintiff and Defendant were operating their vehicles in opposite directions on a highway. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle and their vehicles collided. Plaintiff sustained soft tissue cervical and lumbar injuries which required physical therapy. The roadway speed was disputed, with defendant asserting that the maximum safe speed limit was 25 mph, while plaintiff claimed the highway was not properly surveyed for speed or properly marked. Defendant contended that plaintiff was speeding and crossed the centerline. However, plaintiff’s motion to exclude any evidence about the 25 mph speed limit sign was granted. Parties settled the case for $40,000.
Location: Campbell County, Kentucky
Case Name and Docket Number: Elkins v. LKLP CC Inc, 2012-CA-000335
Type of Injury: Post-concussive syndrome and a sprained wrist
Type of Accident: Side-Impact
Award/Settlement Amount: $45,684
Case Summary: Defendant failed to yield the right-of-way when making a left turn at an intersection and collided with the Plaintiff’s vehicle. The plaintiff was diagnosed with post concussive syndrome and a sprained wrist after being extricated from his vehicle by emergency medical personnel. Plaintiff sued defendant for negligence. Defendant admitted liability. The case settled before trial.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Jones v. Steele, 96 CI 4434
Type of Injury: Neck and left shoulder injuries
Type of Accident: Head-On
Award/Settlement Amount: $53,348
Case Summary: Plaintiff said he was involved in a motor vehicle accident when defendant, who was approaching from the opposite direction at a high rate of speed lost control of the truck he was operating, crossed over the center line and struck the plaintiff head-on. Plaintiff was taken to the hospital by ambulance and underwent surgery to his neck and left shoulder. Defendants denied all allegations and contended that plaintiff was comparatively negligent. Jury returned a verdict finding defendant 100% at fault. The panel awarded plaintiff $53,348 in damages. The owner of the farm truck subsequently appealed. However, the Court of Appeals affirmed the award.
Location: Daviess County, Kentucky
Case Name and Docket Number: Perdue Farms, Inc. v. Stewart, WC-09-78604; 2012-CA-002173-WC
Type of Injury: General Back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $94,714
Case Summary: Plaintiff’s vehicle was rear-ended by defendant’s vehicle at an intersection. The plaintiff claimed he sustained back injuries from the collision. Defendant denied liability, contending that plaintiff was comparatively negligent for braking suddenly. Plaintiff denied allegations of negligence and claimed that defendant was driving too fast and following too closely in the traffic conditions. Jury found defendant was 100 percent liable for the accident and awarded plaintiff $94,714 in compensatory damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Lisa v. Kathryn, 08-CI-01777; 08-1777
Severe injury cases may involve multiple significant injuries, brain trauma, disabling back, neck, or spinal cord injuries, and multiple or complex fractures. Victims are often left with some level of permanent disability that impacts their ability to work.
Type of Injury: Hip and knee injuries; aggravation of preexisting benign cyst in the hip
Type of Accident: Rear-End
Award/Settlement Amount: $116,231
Case Summary: Plaintiff, age 18, was making a left turn from a Mall parking lot when she collided with a vehicle driven by Defendant. Defendant reportedly disregarded the directional signs and entered the plaintiff’s right-of-way. Both cars sustained major damage and plaintiff suffered what was initially diagnosed as soft tissue knee injuries. Two days later she developed persistent, new pain in her hip which was diagnosed as a benign cyst. The cyst was monitored for two years before being surgically removed because of the pain. Defendant admitted liability for the accident but contended that plaintiff had a preexisting cyst/tumor which was not caused by this accident and that her surgery was unrelated. Jury awarded plaintiff $116,231.
Location: Pikeville, Kentucky
Case Name and Docket Number: Honaker v. Thorpe, 99 CI 0310
Type of Injury: Back Injury-ruptured disc
Type of Accident: Side-Impact
Award/Settlement Amount: $116,442
Case Summary: Plaintiff, age 52, was approaching an intersection, while the same time defendant was approaching it from a side street. When defendant reached the stop sign, she failed to see plaintiff and proceeded on, leading to a significant T-bone collision. Plaintiff suffered a ruptured disk. His doctor performed a disc fusion surgery. Fault was not an issue in this case. Defendant however responded that plaintiff’s injuries stemmed not from this motor vehicle accident, but from his extensive prior medical problems. Specifically, the many documented complaints of back pain made to doctors before the accident were developed. The jury awarded plaintiff $116,442.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Parks v. Eddington , 93 CI 6107
Type of Injury: Head injury-Traumatic Brain Damage, concussion and subdural hematoma
Type of Accident: Rear-End
Award/Settlement Amount: $144,129
Case Summary: Plaintiff rear-ended a dump truck that pulled out in front of him. Plaintiff claimed the truck had several violations and the truck driver had an expired medical card. Plaintiff suffered traumatic brain injury, concussion, and subdural hematoma, requiring a craniotomy. Defendant denied liability and contended that Plaintiff was likely on his cell phone and was not wearing his glasses at the time of the accident. Defendant also claimed that Plaintiff never even tried to brake to avoid the collision. A jury found Plaintiff was 90% negligent for the collision and awarded him $1,441,292. The awarded was adjusted to $144,129 due to fault apportionment.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Coleman v. Harcourt, 12-457
Type of Injury: Leg and arm injuries-Fractured left leg and fractured humerus in elbow
Type of Accident: Pedestrian
Award/Settlement Amount: $173,589
Case Summary: Plaintiff pedestrian, a 14-year-old girl, was crossing a Road after dark when she was struck by a vehicle operated by defendant. This part of the road is located in a residential area and has four lanes of travel. Plaintiff suffered a fractured left leg and fractured humerus in elbow resulting in permanent impairment of arm and left leg. Plaintiff alleged that she looked in both directions before crossing the street and that she did not observe defendant’s vehicle because her headlights were not activated. Defendant contended that she was driving slowly with her headlights activated; that plaintiff was contributorily negligent in stepping into the path of her vehicle; and the accident was unavoidable. Jury returned a plaintiff verdict.
Location: Prestonsburg, Kentucky
Case Name and Docket Number: Marsillett v. Whitaker, 98 CI 0743
Type of Injury: Soft tissue injuries to neck, left shoulder and back
Type of Accident: Rear-End
Award/Settlement Amount: $200,000
Case Summary: Plaintiff’s vehicle was hit from behind by defendant. There was moderate property damage and plaintiff did not feel any pain until later that night. Plaintiff went to her primary physician and was referred to chiropractic therapy for her soft tissue injuries to neck, left shoulder and back. Her doctors restricted her from work for three months. Plaintiff said she never had any previous injuries or accidents and never had any problems with pain in her 18-year career as a flight attendant. Plaintiff’s two doctors testified at trial along with her supervisor and her sister who was living with her at the time of the accident. Defendant admitted liability but disputed plaintiff’s damages. Jury returned a verdict for plaintiff.
Location: Lexington, Kentucky
Case Name and Docket Number: Corio v. Homeplace Support Services, 201201115
Type of Injury: Back injury, bulging lumbar disc which subsequently ruptured
Type of Accident: Rear-End
Award/Settlement Amount: $275,329
Case Summary: Defendant’s driver was operating a delivery truck along northbound lane. A metal hand truck was attached to the back of the delivery truck. As defendant’s driver was preparing to exit at Seminary Road, the hand truck came loose and bounced into the roadway in the path of an oncoming vehicle. The driver of that vehicle slammed on her brakes and was rear-ended by another vehicle. The second vehicle was then rear-ended by plaintiff’s vehicle. Plaintiff claimed he suffered a bulging lumbar disc which subsequently ruptured, necessitating surgery. Plaintiff alleged that defendant’s employee’s failure to properly secure the hand truck was the proximate cause of the accident. Defendant contended that plaintiff was not as severely injured as he claimed. Jury found for plaintiff.
Location: Madison County, Kentucky
Case Name and Docket Number: Smallwood v Godd, 01 CI 0010
Type of Injury: Back injury- herniated disc; Closed head injury; General soft tissue injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $330,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in a shopping center parking lot. Plaintiff was driving down a main exit lane. Defendant was crossing the main exit lane from the plaintiff’s left and collided with the plaintiff’s vehicle. There was no traffic control device at the Location: of the accident. Plaintiff suffered a herniated disc, a closed head injury and soft tissue injuries as a direct result of this accident. Both parties claimed to have had the right-of-way. Causation was also disputed, and the defendant raised the issue of contributory negligence. Jury returned a plaintiff verdict. Per Plaintiff’s counsel, the persuasive testimony of the plaintiff’s experts impacted the outcome of the case.
Location: Prospect, Kentucky
Case Name and Docket Number: Shepherd v. Sullivan, 169352
Type of Injury: Soft tissue back and neck injuries; Aggravation of preexisting degenerative back condition
Type of Accident: Rear-End
Award/Settlement Amount: $340,000
Case Summary: Plaintiff was stopped in traffic, waiting for a red light, when he was rear-ended by defendant. Plaintiff claimed severe neck and back pain. The complaints were mostly soft-tissue. There was evidence that plaintiff had prior complaints of back pain. However, his treating doctor said that while plaintiff had degenerative problems prior to this wreck, they were essentially dormant. The defense denied liability and opined that plaintiff’s problems were degenerative and pre-existed the accident; moreover, his present symptoms are not consistent with a motor vehicle accident and must, if they exist at all, be a result of the prior problems. Jury awarded plaintiff $340,000 in damages.
Location: Fayette County, Kentucky
Case Name and Docket Number: Hurt v. Hamilton, 96 CI 1731
Type of Injury: Plaintiff 1; Back injuries-Aggravation of preexisting lumbar injuries: Plaintiff 2; Shoulder injury-torn rotator cuff; Others-post-traumatic stress disorder.
Type of Accident: Rear-End
Award/Settlement Amount: $347,305
Case Summary: Plaintiff 1 was driving eastbound with plaintiff 2 riding as a backseat passenger. Plaintiff claimed she stopped for traffic waiting to make a left turn and had her turn signal engaged. While stopped, plaintiffs’ car was struck in the rear by a vehicle driven by Defendant. Plaintiff1 alleged the impact caused an exacerbation of a preexisting low back injury resulting in need for fusion surgery. Plaintiff2 claimed he sustained a torn rotator cuff and post-traumatic stress disorder. Defendant initially disputed liability and argued that plaintiffs were not injured. However, defendant ultimately admitted liability for causing the accident, and the case proceeded on the issue of damages only. Jury awarded plaintiff1 $347,305 and $312,424 for Plaintiff2.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Jones v. Mo Moorman Distributing, 182105
Type of Injury: Head injuries-lacerations and a torn chin muscle; Others-Bilateral knee injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $355,000
Case Summary: Plaintiff was driving her vehicle from a commercial driveway. Defendant was exiting a commercial driveway from the opposite side of the street, four lanes over. Defendant did not see plaintiff’s automobile and drove into the driver’s side of plaintiff’s car. The impact caused plaintiff to lose control of her car and drive head-on into another vehicle which was waiting to make a turn. Plaintiff struck her chin on the steering wheel and sustained lacerations and a torn chin muscle. Plaintiff alleged defendant failed to yield the right-of-way and was responsible for the accident. Defendant denied liability. There was no real dispute over plaintiff’s injury. Jury returned a plaintiff verdict.
Location: Fayette County, Kentucky
Case Name and Docket Number: Fugitt v. Cleaver, 13-2618
Type of Injury: Shoulder injury- rotator cuff tear and post-traumatic brachial plexus neuropathy
Type of Accident: Rear-End
Award/Settlement Amount: $382,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff crested a hill into the sun and noticed traffic stopped ahead. He came to a stop and was subsequently rear-ended by the vehicle directly behind him. The accident was caused when defendant, who was 3 or 4 cars behind plaintiff, rear-ended the vehicle in front of him, causing a chain reaction. Plaintiff alleged that he suffered a rotator cuff tear and post-traumatic brachial plexus neuropathy, resulting in continuing debilitating pain. Defendant disputed plaintiff’s injury, pointing out that the injury did not appear on any diagnostic testing. Defendant eventually admitted liability for the accident. Jury awarded plaintiff $382,000 in damages.
Location: Rockcastle County, Kentucky
Case Name and Docket Number: Wilson v. Saatkamp, 08-217
Type of Injury: Soft tissue cervical (neck) sprain and Closed head injury resulting in post-traumatic headaches, photophobia, visual blurring, dizziness, and depression.
Type of Accident: Rear-End
Award/Settlement Amount: $442,505
Case Summary: Plaintiff was operating his tractor-trailer, proceeding to South. Plaintiff alleged that defendant was driving erratically in front of him along the same road. When the vehicles were on the entrance ramp, plaintiff claimed that defendant changed from the left to the right lane. Defendant then suddenly moved back into the left lane in front of plaintiff with no lights on and braked hard. Plaintiff attempted to avoid a collision by changing lanes but was unable to avoid the rear of defendant’s vehicle. Plaintiff suffered soft tissue cervical (neck) sprain and closed head injury resulting in post-traumatic headaches. Defendant denied liability and disputed the nature and extent of plaintiff’s injuries. Jury returned a plaintiff verdict for $442,505.
Location: Louisville, Kentucky
Case Name and Docket Number: Swindler v. Dotson, 96-5682
Type of Injury: Back injuries-aggravation of prior C5-7 disc herniation
Type of Accident: Rear-End
Award/Settlement Amount: $501,827
Case Summary: Plaintiff and Defendant were traveling in the same direction in rush hour traffic. Defendant’s vehicle allegedly “rolled” into plaintiff’s vehicle resulting in minimal property damage. A week post-accident, plaintiff sought treatment for back pain. Plaintiff claimed the collision exacerbated prior C5-7 disc herniation necessitating two back surgeries and spinal fusion. Defendants contended that the impact was minimal, that plaintiff’s condition was pre-existing, and that plaintiff’s surgery was not proximately related to the accident. Jury returned a plaintiff verdict. Per counsel, the fact that property damage was minimal, and plaintiff did not seek treatment for a week, and even went running on four occasions in the interim, significantly impacted the outcome.
Location: Pikeville, Kentucky
Case Name and Docket Number: Hall v. Stanfield, 13-1141
Type of Injury: Head injury-laceration to forehead, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion; Others-fractured patella
Type of Accident: Rear-End
Award/Settlement Amount: $680,171
Case Summary: Plaintiff was a passenger in a vehicle which had come to a stop waiting for traffic to clear to make a left turn. Plaintiff’s vehicle was rear-ended by Defendant, who was operating a vehicle in his scope of employment with co-defendant. Plaintiff’s vehicle was pushed into oncoming traffic and collided with another vehicle head-on. Plaintiff’s head struck the dashboard. Plaintiff suffered laceration to forehead, fractured patella (knee) requiring open reduction and internal fixation, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion. Defendants did not seriously contest liability but did dispute plaintiff’s damages. Plaintiff received $680,171 in damages.
Location: Louisville, Kentucky
Case Name and Docket Number: Neumann v. Clay, 13-194
Type of Injury: Brain Injury; Others-a cervical disc herniation, with dizziness and headaches, and aggravation of a preexisting disc injury
Type of Accident: Side-Impact
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was driving northbound. Defendant made an unsafe lane change, lost control, and struck plaintiff’s car as well as a tractor-trailer. The tractor-trailer then hit the jersey wall, flipped over, and landed on plaintiff’s vehicle. The tractor-trailer landed on the driver’s side hood and windshield of plaintiff’s car, completely crushing it. First responders were able to pull plaintiff out of the passenger’s side window. Plaintiff said she suffered soft-tissue injuries to her neck, left knee, right shoulder and back. She received injections and physical therapy. Parties settled the claim for $1,000,000 before trial.
Location: Christian County, Kentucky
Case Name and Docket Number: Carroll v. Freedom Waste Services, 09-CI-01480
We compiled a group of personal injury lawsuits filed in the Commonwealth of Kentucky arising from motor vehicle accidents. Each of the plaintiffs in our case group received compensation from a court award or an out-of-court settlement before trial.
The final settlement amount reflects any adjustments made to account for shared fault. When a case had more than one plaintiff, the final payout reflects the highest amount paid to a single plaintiff.
Averages were calculated by adding all the payouts in a group, then dividing by the number of cases in the group. An unusually high payout can skew the average higher for the group.
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