When it comes to personal injury cases, understanding the concept of comparative fault is crucial. In Kentucky, the principle of comparative fault can significantly impact the outcome of your case. Attorney Joel A. Franklin and his team at Franklin Injury Law, PLLC are here to help you navigate this complex legal landscape and ensure you receive the compensation you deserve.

What is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal doctrine used to allocate fault among multiple parties involved in an accident. In Kentucky, this principle can affect the amount of compensation you receive if you are found to be partially at fault for your injuries.

How Comparative Fault Works in Kentucky

Kentucky follows a “pure comparative fault” system. This means that you can recover damages even if you are 99% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your compensation will be reduced to $70,000.

Key Points of Comparative Fault in Kentucky

  1. No Bar to Recovery: Unlike some states, Kentucky does not bar recovery if you are more than 50% at fault. You can still recover damages regardless of your level of fault.
  2. Fault Assessment: The court will assess the percentage of fault for each party involved in the accident. This determination is based on the evidence presented by both sides.
  3. Impact on Compensation: Your total compensation will be reduced by your percentage of fault. It’s essential to have a skilled attorney to ensure that your fault is accurately assessed and minimized.

Why Comparative Fault Matters

Understanding how comparative fault works is vital because it directly impacts the amount of compensation you can receive. Insurance companies often try to shift as much blame onto the injured party as possible to reduce their payout. This is where having experienced legal representation from Franklin Injury Law, PLLC can make a significant difference.

Real-Life Example

Imagine you are involved in a car accident where another driver ran a red light, but you were also speeding. The court finds the other driver 70% at fault and you 30% at fault. If your total damages are calculated at $50,000, you would be eligible to receive $35,000 after the reduction for your share of fault.

How Franklin Injury Law, PLLC Can Help

Attorney Joel A. Franklin and his dedicated team at Franklin Injury Law, PLLC have extensive experience handling personal injury cases involving comparative fault. They will work tirelessly to:

  • Gather Evidence: Collect all necessary evidence to establish the other party’s fault.
  • Negotiate with Insurers: Deal with insurance companies to ensure they do not unfairly attribute more fault to you than warranted.
  • Advocate for You: Present a strong case in court to minimize your fault and maximize your compensation.

Contact Franklin Injury Law, PLLC

If you or a loved one has been injured in an accident, understanding comparative fault and its implications is crucial. The team at Franklin Injury Law, PLLC, led by Attorney Joel A. Franklin, is ready to help you navigate your personal injury case. Contact us today at [Your Phone Number] or visit our website at [Your Website URL] to fill out the contact us form. Let us help you secure the compensation you deserve.

Conclusion

Navigating the complexities of comparative fault in Kentucky can be challenging, but you don’t have to do it alone. With the expertise of Attorney Joel A. Franklin and his team at Franklin Injury Law, PLLC, you can confidently pursue your case and seek the justice and compensation you deserve.

For more information and legal assistance, call us today or visit our website to schedule a free consultation.

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