Getting into an accident can be a traumatic experience that can lead to severe injuries, emotional distress, and financial losses. Fortunately, if someone else was responsible for the accident, you may be able to pursue a personal injury claim and recover compensation for your damages. However, what happens if you were partly to blame for the accident? Can you still make a valid personal injury claim? In Kentucky, the answer is yes.
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Kentucky’s Pure Comparative Fault System
Kentucky is one of several states that follow the pure comparative fault system, which means that injured parties can recover damages even if they’re partially at fault for the accident. However, the amount of compensation they receive will be reduced in proportion to their percentage of fault.
For example, let’s say that you were in a car accident, and the court determines that you were 30% at fault because you were speeding, but the other driver was mostly responsible because they ran a red light. If your total damages were $50,000, your award would be reduced by 30%, or $15,000, leaving you with $35,000 in compensation.
Proving Fault and Damages
In Kentucky, to successfully pursue a personal injury claim, you must prove two things: fault and damages. Fault means showing that the other party acted negligently, recklessly, or intentionally, and that their actions caused your injuries. Damages refer to the specific losses and expenses you incurred as a result of the accident, such as medical bills, lost wages, property damage, and pain and suffering.
However, proving fault and damages in a partially at-fault claim can be more challenging than in cases where one party is entirely responsible. The defendant’s attorneys may try to shift the blame on you and argue that you were mostly responsible for the accident, which can reduce your compensation significantly. Therefore, it’s crucial to have a skilled personal injury attorney by your side to build a strong case and fight for your rights.
Contributory Negligence and Assumption of Risk
While Kentucky follows the pure comparative fault system, there are two legal doctrines that can impact your personal injury claim: contributory negligence and assumption of risk.
Contributory negligence means that if you were partially responsible for the accident, and your behavior was a significant contributing factor, you can be barred from recovering any damages for your injuries. In other words, if the court determines that you were more than 50% at fault, you can’t receive any compensation, even if the other party was mostly responsible.
Assumption of risk means that if you engage in an activity that inherently carries a risk of injury, such as playing football or riding a motorcycle, you may not be able to make a personal injury claim if you get hurt. However, there are exceptions to this doctrine, and it’s crucial to consult with an experienced personal injury attorney to determine your legal options.
The Importance of Seeking Legal Help
If you were partially at fault for an accident and suffered injuries, you may be unsure if you can make a personal injury claim and recover compensation. However, it’s essential to note that you still have legal rights and options, even if you were partly responsible for the accident. The best way to protect your rights and maximize your chances of a successful claim is to consult with a skilled personal injury attorney who can evaluate your case, provide legal guidance, and fight for your compensation.
Don’t wait to seek legal help, as Kentucky has a statute of limitations that places a deadline on personal injury claims. Contact an attorney today and take the first step towards recovering the compensation you deserve.