When we step into our car the last thing we expect to happen to us is to get into a car accident. For most, driving has become second nature and it’s like switching on autopilot until we reach our destination. Unfortunately, at any point in our lives we could be involved in a car accident, whether it be a small fender bender or a life-altering crash. Depending on the severity of the crash, you could be riddled with medical and car repair bills that you can’t afford. If the car accident wasn’t your fault, it may be beneficial to take legal action against the other driver to recoup your losses. However, it is important to do this with an experienced personal injury attorney by your side.
Personal Injury: Best & Worst Case Scenarios
There is a lot that goes into suing someone for personal injuries sustained in a car accident. The best-case scenario is that the defendant’s insurance company is willing to pay out a reasonable amount without a struggle. Sadly, that does not happen all that often and more likely than not you will end up in mediation negotiating a settlement amount. The worst-case scenario is that a settlement agreement cannot be reached, and you are forced to go to jury trial. If the accident was clearly the other driver’s fault, you may think that you’ll have an easy win in court and be awarded the money you need. After all, if the defendant has insurance then the jury will see that they will have no problem paying, right?
Kentucky Rules of Evidence Rule 411: How It Works
Unfortunately, the jury will never know if a defendant has insurance or not. Per the Kentucky Rules of Evidence Rule 411, evidence that the defendant has insurance against liability is not admissible in court when it comes to the issue of whether or not the defendant acted negligently or wrongly while operating their vehicle. Most of the arguments in cases like these are going to boil down to who did what and who was at fault. Due to this, evidence on whether or not the defendant has insurance against liability cannot be shown to a jury. This has a huge impact on your case. If the defendant was clearly at fault and they are insured, you would obviously want to show that to the jury so that they know the money is there and that there is no reason you shouldn’t get paid. However, since the defendant’s insurance or lack thereof is not admissible, the jury will never know whether or not they are insured. This creates an unconscious sympathy towards the defendant as the jury will assume that they are paying out of pocket. Depending on the defendant, this can be a roadblock to winning.
How Does An Attorney Help Your Situation?
Imagine the defendant (i.e. the other driver that hit you), was an elderly woman. Maybe she has bad eyesight, or maybe she wasn’t paying attention, but either way it was her fault. Your car was totaled and you suffered from injuries. Her insurance company refuses to agree to a settlement amount and forces the case into a jury trial. In this case, the elderly woman’s proof of insurance is not admissible in court. Through the course of the trial the jury is going to see a sweet, little old lady who will be forced to pay out of pocket for your expenses. As a result, the jury may feel sympathetic towards the elderly woman and as a result award you less money than you deserve. That is why it is vital that you hire an experienced personal injury lawyer to handle a case regarding personal injuries sustained in an accident. An experienced personal injury attorney has the tools and knowledge to break down that roadblock and win you the money you deserve. In fact, with the right attorney, you may not even make it to a jury trial. If you have been injured in a car accident and want to take action against the other driver, do not hesitate to call an experienced personal injury attorney to fight for you.
The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything. The information provided herein should NOT be considered legal advice.