September 22, 2022

Kentucky Comparative Negligence and Accident Liability Laws

If you or a loved one was injured in a personal injury accident contact an attorney before doing anything else to protect your rights. The state of Kentucky employs pure comparative negligence. This allows both parties of the accident to receive compensation according to their percentage of prescribed fault in the accident. At GSAS, we are accomplished attorneys that understand the ins and outs of pure comparative negligence. We can help make sure that you take the proper steps after an accident to avoid being taken advantage of. Read on to understand the mechanics of the pure comparative negligence system and how we can help you get the compensation you deserve.

How Does Kentucky Define Pure Comparative Negligence?

As mentioned above, Kentucky is a pure comparative negligence state. This means that courts calculate the degree of fault each party in an accident assumes and reduces each party's liability accordingly. For example, if the courts maintained that you were 25% at fault for a car accident, they would deduct 25% from your total compensation.

How Does Comparative Negligence Affect Injury Settlements?

As described above, the degree to which you are at fault for an accident is the total amount that is deducted from your settlement. For example, if you are in a car accident and are seeking compensation of $10,000 but are found at fault for 25% of the accident you will receive a 25% reduction of $10,000, or roughly $7,500.

What Determines Accident Liability in Kentucky?

There are certain things to consider when determining fault. The most important factors are the carelessness and recklessness of the drivers. If not an automobile accident, the negligence and recklessness of both parties will be scrutinized. If one of the parties breaks the law their percentage of fault will increase. Remember, with pure comparative negligence, even if you are 99% at fault for an accident you will still receive 1% compensation. It is important to have an experienced personal attorney familiar with accident liability to advocate for you. They will help you receive your deserved compensation.

How an Accident Attorney from Spivack & Sakellariou Can Help You Navigate Comparative Negligence

When you call our office, you’ll get a free consultation. During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help you get what you are owed. Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances.

Pure Comparative Negligence and Insurance Companies

Insurance companies and adjusters are masters at negotiation. They pay out as little as possible and spend a lot of time and money ensuring that they are positioned to do just that. When you negotiate a settlement with these professionals, it is important that you bring a professional of your own. That is where we come in. Our attorneys are focused on personal injury cases like yours. We’ve negotiated thousands of settlements for our clients and have a proven track record of results and satisfied clients.

Don’t Wait to Get Help

The sooner you call us to talk about your accident, the better. Insurance companies have a playbook of dirty tricks they use to keep you from receiving the compensation you deserve. If you don’t know what’s coming, you can’t protect yourself, your family, or your rights. As soon as you’ve been treated for the injuries you may have sustained in your accident, give us a call before it’s too late.

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