Protecting The Rights Of The Injured


What is comparative negligence in Kentucky?

On Behalf of | Feb 5, 2024 | Personal Injury

In Kentucky, pure comparative negligence impacts most personal injury law claims. This state’s approach to comparative negligence allows injured parties to recover damages even if they are partially or predominantly at fault. The system is designed to ensure fairness, reflecting the proportionate responsibility of all involved in an accident.

The state’s pure comparative negligence model means that fault allocation directly influences the compensation an injured party can recover. Gathering and presenting evidence effectively becomes a critical strategy for those seeking to prove the other party’s fault and to secure the most compensation possible under the circumstances.

How fault is determined

In Kentucky personal injury cases, determining fault involves a detailed examination of the events leading up to the accident. Evidence plays a central role in this process, with both sides presenting their version of events. The decision-makers, either a judge or jury, then assess this evidence to assign a percentage of fault to each party. This assessment is based on a thorough analysis of the facts, highlighting the importance of a solid evidentiary foundation in personal injury litigation.

Role of percentage of fault

The percentage of fault assigned to each party directly impacts the compensation awarded in a personal injury case. Kentucky’s pure comparative negligence rule allows an injured party to recover damages even if they are found to be 99% at fault, though their percentage of fault reduces their compensation. This system ensures that the financial burden of an accident is shared in proportion to each party’s responsibility. It encourages fair outcomes in complex cases where fault isn’t clear-cut.

Gathering evidence to prove fault

Collecting robust evidence is crucial for injured parties aiming to demonstrate the other party’s fault. This may include photographic evidence of the accident scene, witness testimonies, police reports and relevant surveillance footage. Medical records and expert opinions can also be instrumental in establishing the extent of injuries and linking them to the accident.

These cases are often complex, so working with a legal representative who can explain one’s options and how various concerns might impact a case is often beneficial for victims. That representative can work on the case while the victim focuses on healing from their injuries.