A personal injury claim can be filed if you are injured by another’s negligence or failure to perform. Millions of common injuries that qualify for personal injury claims are reported by Americans every year.* When you file a personal injury claim, you become the plaintiff, and the party who you sue becomes the defendant. Comparative Negligence is a defense that apportions liability in an accident. Comparative Negligence Comparative negligence comes into play when determining what damages you should receive as a result of another’s negligence. This defense looks at your involvement in the incident and assigns a degree of liability to both you and the defendant. For instance, you could be found 25 percent liable for your accident, leaving the defendant 75 percent of the liability. Any compensation or award you receive for your personal injury claim could be reduced by 25 percent due to your comparative negligence. In some states, you can recover damages for an accident or incident as long as you are not found 100 percent to blame. In others, you can only recover damages and receive compensation if your comparative negligence is ruled to be less than 50 percent. Kentucky is a “pure” comparative negligence state, meaning that if you are injured in Kentucky, you can collect damages even if you are partly to blame for the incident. However, the amount you receive for your injuries and claims will be reduced by the amount of responsibility assigned to you, i.e., if you were found to be 60 percent liable, then any award would be reduced by 60 percent. The best way to learn about your personal injury claim options is to speak with an experienced attorney. A personal injury attorney can help you determine if you should pursue a personal injury claim. If you need a personal injury attorney in Kentucky, contact Edwards & Kautz Law Firm at 866-795-5087 to schedule a free legal consultation with their experienced personal injury attorneys. *According to statistics from the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration, the Consumer Product Safety Commission, and the Bureau of Transportation Statistics.
Free Initial Consultation. Call Today:
Approachable, responsive attorneys who don’t back down from a legal fight.
A Potential Defense to a Personal Injury Claim and How it Works
On Behalf of Edwards & Kautz | Jan 13, 2016 | Personal Injury |
Categories
- Blog (12)
- Car Accidents (81)
- Criminal Defense (27)
- Firm News (10)
- Injuries (1)
- Medical Malpractice (24)
- Motorcycle Accidents (13)
- Personal Injury (22)
- Social Security Disability (20)
- Uncategorized (59)
- Workers' Compensation (48)
Archives
- March 2022 (1)
- January 2022 (1)
- November 2021 (1)
- October 2021 (1)
- September 2021 (1)
- August 2021 (1)
- July 2021 (1)
- May 2021 (1)
- April 2021 (1)
- March 2021 (1)
- January 2021 (2)
- November 2020 (1)
- October 2020 (2)
- September 2020 (1)
- August 2020 (2)
- June 2020 (1)
- April 2020 (1)
- February 2020 (2)
- December 2019 (2)
- November 2019 (3)
- October 2019 (6)
- September 2019 (5)
- August 2019 (8)
- July 2019 (5)
- June 2019 (4)
- May 2019 (6)
- April 2019 (6)
- March 2019 (6)
- February 2019 (6)
- January 2019 (5)
- December 2018 (7)
- November 2018 (4)
- October 2018 (6)
- September 2018 (6)
- August 2018 (6)
- July 2018 (6)
- June 2018 (6)
- May 2018 (6)
- April 2018 (5)
- March 2018 (7)
- February 2018 (6)
- January 2018 (1)
- December 2017 (1)
- November 2017 (3)
- October 2017 (2)
- August 2017 (2)
- July 2017 (3)
- June 2017 (2)
- May 2017 (1)
- April 2017 (4)
- March 2017 (3)
- February 2017 (3)
- December 2016 (4)
- November 2016 (2)
- September 2016 (2)
- August 2016 (1)
- July 2016 (2)
- June 2016 (5)
- April 2016 (3)
- March 2016 (1)
- February 2016 (2)
- January 2016 (4)
- December 2015 (4)
- November 2015 (3)
- October 2015 (4)
- September 2015 (3)
- August 2015 (3)
- July 2015 (4)
- June 2015 (5)
- May 2015 (4)
- April 2015 (4)
- March 2015 (3)
- February 2015 (1)
- October 2014 (2)
- August 2014 (2)
- July 2014 (4)
- June 2014 (2)
- May 2014 (6)
- April 2014 (5)
Your Rights
Deserve Protection
Get In Touch Today