In order to have a successful personal injury or car crash case there are three important factors: Liability, Damages, Coverage. If you don’t have all three of these the case is problematic and will likely result in no money being recovered. This blog post discusses all three of these factors of a personal injury trifecta as they relate to a car crash case. Please note I’m using the term trifecta as it relates to horse racing not in the gambling sense, but the sense you MUST have all three to get a trifecta.
Liability and Fault
Liability means fault. If you rear end someone there is nothing I can do (assuming they don’t stop short on purpose). There are other cases where liability is split and a percentage of fault can be paid to the injured party. A real clear or “good” case is one where my client is not at fault whatsoever. If that is the case I have liability on my side.
Damages and Injuries
Damages mean injuries. You can be 100 percent not at fault and have zero injuries. This case is not worth anything because there is no pain and suffering, medical expenses, or treatment. In order to have a successful personal injury case you need to be injured. The way to document this is to treat at the medical facility of your choice. Here is a link to a video I made about choosing a doctor from years ago: https://www.youtube.com/watch?app=desktop&v=lNB3klRFIhw
Insurance Coverage
Coverage means Insurance. This is the third factor of a personal injury trifecta. Suing people without insurance or money is a fools errand. There are some lawyers who try cases against empty defense chairs to get verdicts. That verdict isn’t enforceable unless the defendant has assets. This is why insurance is so important. The government forces people to buy insurance to pay out when liability and damages are present. Without insurance your case is not worth much money. And sometimes there is plenty of insurance and other times there is a minimum policy on the other side. An experienced personal injury lawyer can help you navigate insurance.
Here is a link to an article concerning insurance companies doing bad things: https://louisville-injury-lawyer.com/unraveling-insurance-bad-faith-know-your-rights-and-recourses-in-kentucky/
That is a VERY basic breakdown of what I call the personal injury trifecta. This is Kentucky. What it really means is that someone is hurt and my job is to get them paid. I need the factors above in order to successfully prosecute a case on a clients behalf.
Send follow up questions to bdettman@dettmanlawgroup.com. Consultations are always free at Dettman Law in Louisville, Kentucky.
