Personal injury can be a difficult thing to prove. These days Kentucky courts take many factors into account. The personal injury claim court wants to know who was negligent, how they were negligent, and to what degree they were negligent. This information is necessary to help determine whether or not the defendant is really responsible for compensating the individual who has filed the came.
|Kentucky Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Property damage, pain and suffering, medical expenses, lost wages, future earning ability, cost of household help|
|Strict Liability||Product manufacturer may be liable for injuries caused by a consumer product|
|Joint Liability||Each defendant liable for percent of damages as determined by court|
|Contributory Negligence||Pure Comparative Negligence: Damages may be awarded if plaintiff is up to 99% at fault, reduced by proportion of plaintiff's own negligence.|
The first thing that must be considered when filing a claim for personal injury in Kentucky is who was at fault. This information will help determine who will be responsible for paying any damages that are awarded. In many states it is very important that the person filing the claim is not at fault in the slightest. If they are primarily responsible for their own injury through their own carelessness then they will not receive compensation. In Kentucky things are a little bit different.
In the state of Kentucky it is possible to file a claim for personal injury even if you know that you are primarily at fault. If you have been injured through negligence that was partially your own then you still have a chance to recover damages from a defendant. It is still necessary to prove that another individual was negligent or failed you when doing their duty but it is not necessary to prove that they were solely, or even primarily, the cause of your injury.
In Kentucky if you are someone that was even 99 per cent to blame for your injury you can still receive compensation from another party. What does this mean for you? This law means that even if you are 70 per cent responsible through your own carelessness for your personal injury you can still receive compensation from the individual, or individuals, responsible for the remaining 30 per cent of the injury.
There is a downside to receiving a compensation for your injury if at you are found to be at fault. This downside is that the judgment made in your favor will be reduced. The amount of your award will be reduced in direct proportion to your percentage of fault. With this in mind, even if you feel that you might be partially at fault for your accident it is important that you do your best to keep your percentage as low as possible.
For more information about your specific case, contact a Kentucy Personal Injury Lawyer.