Since 1998 the Kentucky Trail Court Review, KTCR, has summarized jury trials and reported the verdicts from around Kentucky. Every month the KTCR reports jury verdicts in cases involving medical malpractice, car accidents, slip and fall injuries, insurance bad faith and other civil tort cases. At the end of each year KTRC produces a Year in Review, summarizing the data collected. For lawyers who settle or try injury cases this is an important tool for assessing case values and for settlement negotiations.
To evaluate the likely outcome of a case at trial it is helpful to review the verdicts in cases with similar facts and injuries in the same geographic area. Location does matter because we see patterns of higher or lower verdicts in different parts of Kentucky. You need to consider whether you are bringing a case in Bowling Green, Russellville, Hazard or Louisville and look closely at verdicts in front of the same judges with jurors from the same area. Fortunately, KTCR organizes case results by geographic region.
Beyond helping you evaluate a claim, verdict reports can be used to influence the outcome of settlement negotiations. I have included them in settlement demand packages and presented them in mediation conferences. In addition to individual case summaries, reports in the KTCR Year in Review can be very helpful. One very useful report is the Injury Multiplier.
The Injury Multiplier is an analysis of jury verdicts by type of injury, including the following categories: soft tissue injury cases; disc injury cases; wrist/hand injury cases; ankle injury cases; knee injury cases; arm injury cases; shoulder injury cases; broken leg injury cases; brain injury cases; and facial/dental injury cases. For each injury type the report lists the cases, the verdicts, the amount awarded for medical bills and the amount awarded for pain and suffering. It then provides a calculation of the amount of pain and suffering awarded in relation to medical expenses. For example, the 2008 report showed that broken leg injury cases resulted in pain and suffering awards, on average, of 3.213 times medical bills. In brain injury cases the multiplier was 12.225.
There is a special report for cases resulting in death, which includes the manner of death, the occupation of the victim, the amount awarded for destruction of the victim's ability to earn money, and the amount awarded for suffering. The report shows the win-loss record of medical negligence cases resulting in death and the of automobile negligence cases resulting in death. It also shows the aggregate awards and the average verdicts.
The KTCR Year in Review includes summaries by case type and facts raised. You can find specific reports on verdicts involving: Auto Negligence; UIM-UM; the Seat Belt Defense; Premises Liability; Medical Negligence; Sexual harassment; False Imprisonment; Civil Rights; Employment Discrimination; Assault; Product Liability; Bad Faith; Animals; Defamation; and Dram Shop (negligent service of alcohol).
You can also find an analysis of cases involving chiropractic care, permanent impairment of earning capacity, loss of consortium or punitive damages. If you are working with an adjuster or defense attorney who is undervaluing your client's damages, the KTCR reports can be very persuasive and help you get more money for your clients.
To evaluate the likely outcome of a case at trial it is helpful to review the verdicts in cases with similar facts and injuries in the same geographic area. Location does matter because we see patterns of higher or lower verdicts in different parts of Kentucky. You need to consider whether you are bringing a case in Bowling Green, Russellville, Hazard or Louisville and look closely at verdicts in front of the same judges with jurors from the same area. Fortunately, KTCR organizes case results by geographic region.
Beyond helping you evaluate a claim, verdict reports can be used to influence the outcome of settlement negotiations. I have included them in settlement demand packages and presented them in mediation conferences. In addition to individual case summaries, reports in the KTCR Year in Review can be very helpful. One very useful report is the Injury Multiplier.
The Injury Multiplier is an analysis of jury verdicts by type of injury, including the following categories: soft tissue injury cases; disc injury cases; wrist/hand injury cases; ankle injury cases; knee injury cases; arm injury cases; shoulder injury cases; broken leg injury cases; brain injury cases; and facial/dental injury cases. For each injury type the report lists the cases, the verdicts, the amount awarded for medical bills and the amount awarded for pain and suffering. It then provides a calculation of the amount of pain and suffering awarded in relation to medical expenses. For example, the 2008 report showed that broken leg injury cases resulted in pain and suffering awards, on average, of 3.213 times medical bills. In brain injury cases the multiplier was 12.225.
There is a special report for cases resulting in death, which includes the manner of death, the occupation of the victim, the amount awarded for destruction of the victim's ability to earn money, and the amount awarded for suffering. The report shows the win-loss record of medical negligence cases resulting in death and the of automobile negligence cases resulting in death. It also shows the aggregate awards and the average verdicts.
The KTCR Year in Review includes summaries by case type and facts raised. You can find specific reports on verdicts involving: Auto Negligence; UIM-UM; the Seat Belt Defense; Premises Liability; Medical Negligence; Sexual harassment; False Imprisonment; Civil Rights; Employment Discrimination; Assault; Product Liability; Bad Faith; Animals; Defamation; and Dram Shop (negligent service of alcohol).
You can also find an analysis of cases involving chiropractic care, permanent impairment of earning capacity, loss of consortium or punitive damages. If you are working with an adjuster or defense attorney who is undervaluing your client's damages, the KTCR reports can be very persuasive and help you get more money for your clients.
