In Kentucky, you may file a claim for damages even if you share some responsibility for the incident. This is possible because Kentucky follows the legal principle of pure comparative negligence.
This principle allows a person to recover compensation, but their recovery decreases by their percentage of fault.
How comparative negligence works
If an individual experiences a motor vehicle accident and an investigation finds them to be 40% at fault, for example, then they can still recover 60% of the damages they suffered. This rule ensures that those who contribute to an accident are not entirely barred from seeking compensation for their injuries or losses. However, their share of responsibility will directly impact the amount they can recover.
Kentucky’s pure comparative negligence system differs from modified comparative negligence systems in other states. In those systems, individuals may be ineligible to recover any damages if the court deems them to be 50% or more at fault. In Kentucky, there is no such threshold, which means even someone who is 90% at fault can still recover 10% of their damages.
Maximizing compensation under comparative negligence
When filing a claim, providing evidence to support the damages you claim is important. This may include medical records, photographs of the scene, witness statements and any police reports. The more evidence available, the clearer the picture of how the accident occurred and how responsibility should divide between the involved parties.
It is also important to know that insurance companies often try to place as much fault as possible on the person filing the claim. This tactic reduces the amount the insurer must pay out. Preparing a strong case with evidence can help reduce the chance of being unfairly blamed.
Those involved in accidents in Kentucky should act quickly because the state has a statute of limitations. In most cases, accident victims have one year from the accident date to file a personal injury claim. Missing this deadline can result in losing the right to seek compensation. If you’ve been in an accident, talk to an experienced personal injury lawyer to develop a strategy that works for your situation.