Comparative Negligence

Walker Wallace PLC explains the legal process and rules of recovering monetary damages to injured victims, so you confidently can make decisions about your future. When you partner with us, you get lawyers with more than 30 years of combined legal experience working on your case to hold the wrongdoer accountable and protect your future. We sue bad drivers, negligent caregivers, dangerous drug manufacturers, careless employers and other negligent parties to get you the monetary compensation you deserve.

Do you have a right to recover damages, even if your injuries are partly your own fault?

Kentucky is what is called a “pure comparative negligence state,” which essentially means that a defendant’s liability is reduced by the plaintiff’s share of fault. You can still recover compensation for damages, even if the other party was one percent at fault, and you were 99 percent at fault for causing the incident that led to your injuries. It may not be financially justifiable to sue if you were 99 percent at fault, but you have the legal right to do so nonetheless.

What kinds of cases usually include negligence claims?

Kentucky’s comparative negligence method of calculating damages based on fault applies to any claim in which negligence is the underlying basis, such as:

  • Car wrecks – Multiple vehicle pileups, 18-wheeler collisions and other types of motor vehicle accidents caused by negligent drivers
  • Slip and fall accidents – Injuries caused at least in part by the negligent upkeep of a business, home or public space
  • Dog bites – Injuries and property damage caused by another person’s animal
  • Elder abuse – Negligent caregivers responsible for serious medication errors or cause a patient’s dehydration and malnutrition, bedsores and other complications
  • Workplace injuries – Unreasonably unsafe working conditions leading to injuries and liability claims against negligent employers

Negligence is simply the legal term for the failure to exercise due care that leads to an injury.

How does Kentucky’s comparative negligence law affect my potential injury settlement after a car accident in Louisville?

It goes without saying that you have the best chance of getting monetary compensation after a mishap when an experienced personal injury attorney represents you. In Kentucky, skilled lawyers know that one tactic in the insurance company’s bag of tricks is to skew the facts of a case to try and show that the injured party was responsible for the accident. Unlike modified comparative negligence states, however; Kentucky law recognizes your right to recover damages even if the other party was only one percent at fault.

We use advanced technology and reconstruction experts to prepare cases for trial, which gives us an advantage at the negotiating table. We use this evidence to refute insurance companies’ claims and push for the greatest amount of monetary compensation possible, given the facts of your case.

Call our South End personal injury firm for a free case evaluation

With big-firm experience and small-firm attention, our team of attorneys in Louisville’s South End provides high-quality, personalized service for your personal injury case. We are experienced accident lawyers who know how to get you the compensation you deserve. We use extensive legal knowledge and technology to conduct in-depth research and investigations and prepare high-tech trial presentations for judges and juries. Contact Walker Wallace PLC at 502-937-1125 or online today to make an appointment and get started on the road to recovery.