Personal Injury Lawyer Murray KY | Car Wreck Attorney
Did you know that if you are involved in a car wreck in Kentucky that the Courts will consider who is at fault? This analysis is called comparative fault.
Understanding Comparative Negligence in Kentucky Slip and Fall Cases
Did you recently experience a slip and fall accident? Maybe your medical bills are mounting and you told the property owner that you plan on seeking legal representation but they told you that you don’t have a leg to stand on because you are partially responsible for the accident. Of course, you might not agree with the assessment, but their statement has started to make you doubt if you even have a case. Clearly the property owner is depending on Kentucky’s well-known comparative negligence rule (Kentucky Revised Statutes section 411.182).
Understanding Kentucky’s Comparative Negligence
Kentucky is one of only 12 states with comparative negligence which is why many people are not familiar with the process and surprised to learn that they might be at fault for their own accident to one degree or another. In fact, in some cases, the injured party is found to be more at fault than the defendant. Clearly, if you are not adequately represented in such circumstances then you could end up losing the case. Depending on the circumstances you could be found to be ninety percent or more at fault for your own accident.
Many times, a defendant will argue that the victim of a slip and fall accident bears some responsibility. Any personal injury case falls under Kentucky Revised Statutes section 411.182 and the jury will have to decide the amount bestowed for damages such as lost income and medical bills. Basically, a percentage of the blame is assigned to each party. The amount that the plaintiff receives is set according to the percentages. Even if a plaintiff is found to carry some fault, they can still obtain compensation but if they are at fault then the amount is reduced depending on their share of the fault.
If you have been involved in a slip and fall or other accident, contact The Fleck Firm today so that we can help!
