Personal Injury Lawyer Owensboro KY | Car Wreck Attorney
Did you know that if you are injured in an accident in Kentucky, you may have your damages reduced because of comparative negligence? Additionally, if you were partially at fault because of the accident, your damages may be reduced during the negotiation phase of settlement discussions.
Kentucky’s Comparative Negligence Considerations During Negotiations
Even if your case never goes to trial and a lawsuit is never filed, Kentucky’s Comparative Negligence still plays a part in the settlement negotiations. You will have to expect the defendant to try to lowball based on factoring in the negligence rule. Typically, they do not want the case to go to trial, but they know that the percentages will play a role in the final amount.
Possible Arguments Used for Comparative Negligence
In many instances, a plaintiff honestly might not be at any fault for the injuries that they sustained in a slip and fall. However, you must be prepared for the argument by having competent legal representation.
Possible arguments include:
- If you were on or in a part of the property where you were not supposed to be when the accident occurred.
- There was a sign stating that the property or area was dangerous.
- The area where the accident occurred was sectioned off by cones and signs
- You were distracted when walking into the hazardous area because you were on your cellphone
Please contact The Fleck Firm to schedule a free consultation and discuss your injury case to determine if you are facing comparative negligence.