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If you’ve been injured in an accident in Kentucky, whether it’s a car crash, a slip and fall, or a workplace incident, your ability to recover compensation may not only depend on proving someone else was at fault. It may also depend on whether you shared any of the blame.
This is where comparative negligence comes in. Under Kentucky law, even if you were partially responsible for your injury, you might still be eligible for compensation. But the amount you receive could be significantly reduced depending on your share of fault.
Understanding how Kentucky’s comparative negligence law works is essential for anyone filing a personal injury claim. In this article, we’ll break down the basics of negligence, explain how comparative fault works in Kentucky, and why having a Kentucky personal injury lawyer on your side can make a big difference.
What Is Negligence in Personal Injury Cases?
At the heart of every personal injury case is the concept of negligence, which is the failure to act with the level of care that a reasonable person would use in a similar situation. When someone is negligent and that negligence causes harm to another person, they may be legally responsible for the resulting damages.
However, accidents are rarely black and white. In many cases, multiple parties may share the blame, including the injured person. For example:
- A driver ran a red light, but the driver they hit was speeding.
- A store failed to clean a spill, but the customer who slipped was texting while walking.
- A pedestrian was hit by a distracted driver, but they were jaywalking.
In situations like these, the idea of comparative negligence can determine how much compensation, if any, the injured party can recover.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault among all parties involved in an accident. Under this doctrine, each party’s compensation is reduced in proportion to their degree of fault.
Kentucky follows a pure comparative negligence model, which means that an injured party can recover damages even if they are 99% at fault, but their percentage of fault reduces their recovery. In contrast, many other states follow a modified comparative negligence rule, where an injured person can be barred from recovery if they are found to be 50% or more at fault. In even stricter jurisdictions, they may be completely barred from recovery if they’re just 1% at fault.
How Comparative Negligence Affects Compensation in Kentucky Personal Injury Claims
In a Kentucky injury claim, your compensation is directly affected by your assigned level of fault. For example, let’s say you were awarded $100,000 in damages after a car accident in Louisville. However, the jury determines you were 30% at fault for the crash because you were speeding. Under Kentucky law, your compensation would be reduced by 30%, meaning that you would receive $70,000 instead of the full $100,000.
How Is Fault Determined in a Personal Injury Case?
Determining fault in a personal injury case involves a mix of evidence, legal arguments, and often negotiation between attorneys and insurers. In court, a jury typically assigns percentages of fault to each party involved in the case. Common types of evidence that can influence fault include:
- Police reports from car accidents
- Eyewitness testimony
- Photographic/video evidence (dash cams, security cameras, etc.)
- Expert testimony, such as accident reconstruction specialists
- Medical records showing the extent and timing of injuries
- Surveillance footage or public safety data (especially in premises liability claims)
Why a Kentucky Personal Injury Lawyer Matters
When comparative negligence is involved, things get complicated quickly. Insurance companies are highly motivated to assign as much blame to you as possible because it directly reduces what they have to pay. That’s why hiring a Kentucky personal injury lawyer is one of the most important steps you can take after an accident. An attorney can help by:
- Gathering and preserving key evidence to support your version of events
- Challenging inaccurate or unfair claims made by the insurance company
- Negotiating assertively with insurers and opposing counsel
- Minimizing your assigned fault and maximizing your potential recovery
- Ensuring deadlines are met, including the statute of limitations for filing your claim
You should reach out to a lawyer as soon as possible after an accident. The sooner your legal team can begin investigating, the better they can protect your rights.
The Bottom Line on Comparative Negligence in Kentucky
Kentucky’s comparative negligence law allows injured individuals to recover compensation, even if they’re partially at fault. But the system is far from simple. Determining fault can be tricky, and the more severe the accident, the higher the stakes.
Just because you were partly to blame, it doesn’t mean you don’t deserve compensation. But how much you receive, and whether you’re treated fairly, often depends on the strength of your legal representation.
At the Louisville Injury Law Firm, we fight to ensure our clients are not unfairly blamed for accidents they didn’t cause. We understand how to build strong cases, negotiate with insurers, and present compelling arguments in court when necessary. Don’t leave your recovery to chance. Contact us today for a free case evaluation.