If you suffered serious injuries in a crash in Kentucky and think you might share some of the blame, don’t assume you’re out of options. You may still be entitled to compensation for the damages you suffered despite your contribution to the accident.
Kentucky follows what’s known as a pure comparative negligence rule. This means that you can recover compensation no matter how much of the accident was your fault, even if it’s 99%. However, there’s a catch. Your compensation is reduced by your percentage of fault. Here’s how this works.
After an accident where fault is shared between the drivers, insurance adjusters will investigate what happened and assign each driver a percentage of fault. This will determine your recoverable compensation. If your total damages are, say, $100,000 and you’re found to be 60% at fault, you can still recover $40,000.
Factors that impact how much you can recover
Your share of fault sets the starting point for your claim, but it’s far from the whole story. Think of it as the baseline. The final amount you recover depends on many other additional factors. First is the extent of your injuries. The total damages you’ve suffered, such as medical bills, lost wages, property damage, pain and suffering, will directly influence your payout.
The strength of your evidence also matters. Insurance companies and courts look closely at evidence when calculating damages. Detailed medical records that show the severity of your injuries and proper documentation of your losses provide concrete proof of the impact of the crash, leaving less room for dispute over your actual damages.
Assert your rights with confidence
It’s also worth noting that you can challenge an unfair or inaccurate assessment of fault. Just because an insurance company assigns you a percentage of blame doesn’t mean you have to accept it. Seeking urgent legal guidance can help you understand how the law works, your options and protect your rights throughout the claims process. This can be instrumental in avoiding mistakes that could undermine your claim and securing a favorable resolution.