If you’ve been injured in a car accident or another type of accident, you may have the right to recover compensation through a personal injury lawsuit. Kentucky follows a legal doctrine called pure comparative fault that can negatively affect your injury claim. If a court finds that you are partially at fault for causing your injuries, your damages will be reduced.
Kentucky’s Comparative Fault Law
Kentucky’s pure comparative fault law plays a pivotal role in personal injury cases, shaping how liability and compensation are determined. The legal doctrine of comparative fault means that when an injured person shares some level of fault for causing their injury, their recovery will be reduced according to their percentage of fault. Even if the plaintiff is primarily responsible for causing the accident, or over 50 percent of the fault, they can still recover compensation.
How Does the Comparative Fault Law Reduce Compensation?
If you were injured in an accident and found to bear any degree of responsibility, your potential recovery will be reduced based on your percentage of fault. For example, if the court awards you $100,000 for your injuries but determines you were 20% at fault for the accident, your compensation would be reduced to $80,000. The doctrine of comparative fault underscores the shared responsibility among all parties involved in a personal injury accident. It also promotes a fair and equitable distribution of damages.
What happens when the plaintiff who pursues a personal injury lawsuit is primarily at fault for the accident? In Kentucky, a plaintiff can still receive compensation for their damages even if they are 99% at fault and the defendant is only 1% at fault. They would still recover 1% of their total damages.
Suppose the plaintiff is 70 percent at fault for a car accident. The other driver is found to be only 30 percent at fault. According to Kentucky’s pure comparative fault law, the plaintiff’s damages would be reduced by 70 percent. If the court awarded $100,000 in damages, the plaintiff would still receive $30,000, even though they were primarily at fault for the accident.
How to Prove Liability and Maximize Damages in a Personal Injury Lawsuit in Kentucky
Understanding the important role the comparative doctrine plays is important for individuals pursuing a personal injury claim in Kentucky. This doctrine can significantly influence the financial outcome of your case. Working with an experienced personal injury attorney in Kentucky can substantially improve the likelihood of securing maximum compensation under the state’s pure comparative fault law.
Dickman Law Office is prepared to gather and present compelling evidence that demonstrates the full extent of the other party’s fault to minimize the percentage of fault assigned to you. We will effectively negotiate with insurance companies and opposing counsel while protecting your rights throughout the legal process. By leveraging our knowledge of Kentucky’s laws and our experience successfully obtaining millions of dollars in compensation for our clients, we will work diligently to build a strong case on your behalf.
Contact a Personal Injury Attorney in Kentucky
Working with an experienced attorney can help you make informed decisions about your case and pursue the full amount of compensation you deserve for your injuries. Dickman Law Office will advocate for the amount of damages that accurately reflects the full impact of your injuries, even if you share some of the fault for the accident. We represent clients throughout Kentucky. Contact Dickman Law Office to schedule a case evaluation.
Posted in: Personal Injury