Kentucky’s Comparative Fault Rule
Typically when someone is injured in an accident, it isn't uncommon for both parties to try to place blame on the other. For example, if you've been injured in a car accident, you may feel that the other party is completely at fault for the accident and the injuries you've sustained. However, they might try to argue that you were partially at fault for the accident. For these cases, Kentucky has adopted a "comparative fault" rule that allows courts to deal with damages when an injured party is found to share some portion of fault for the accident. For example, this means that if you're found to be 10 percent at fault for an accident, you will only be entitled to 90 percent of the damages awarded to you in your case. If you are found to be 20 percent at fault for the accident, you will only be entitled to 80 percent of the damages that are awarded, and so on.
Kentucky Auto Insurance Laws
Kentucky is considered a "no-fault" state when it comes to claims against an insurance agency. In most auto accidents, the state will require injured parties to seek compensation through their own insurance coverage, rather than filing a lawsuit in court. In order to file a Kentucky lawsuit, the injured party must have suffered a "serious injury" and have exceeded the personal injury protection (PIP) benefits. While the definition of a "serious injury" can be a bit vague, any permanent disfigurement or loss of body functions will qualify. Ultimately, these uncertainties can be what makes or breaks your case. That's why you can't afford to hire just any attorney to help you with your personal injury case. The attorneys at Bland & Birdwhistell PLLC have years of experience navigating personal injury cases and have helped a number of Kentucky residents seek the compensation they deserve. If you or someone you know has been injured in an accident, call our office today for a free initial consultation and find out how we've helped countless others recover from their injuries and get their life back.