How is Negligence Calculated in a Kentucky Personal Injury Case?
In Kentucky, negligence is usually calculated through negotiations between attorneys or insurance companies. If no settlement is reached, the case may proceed to trial, where a judge or jury will determine the percentage of fault and award damages accordingly. Kentucky courts carefully assess the facts of each case and the credibility of the evidence before assigning fault percentages.
In Kentucky, personal injury cases often hinge on the concept of negligence. To succeed in such a case, the injured party (plaintiff) must prove that another party (defendant) was negligent, and this negligence directly caused their injury. Understanding how negligence is calculated in Kentucky is crucial, as it influences whether or not a plaintiff will receive compensation and how much that compensation will be.
Pure Comparative Negligence in Kentucky
Kentucky follows a pure comparative negligence system. This means that if the plaintiff (victim) shares some degree of the blame for the accident, their compensation will be reduced based on their percentage of fault. However, unlike in some states with modified comparative negligence, there is no threshold in Kentucky that bars the plaintiff from recovering damages. Even if the plaintiff is 99% at fault, they can still recover 1% of their damages. For example, if a plaintiff is awarded $100,000 in damages but is found to be 30% at fault, their compensation will be reduced by 30%, leaving them with $70,000.
Factors Influencing Negligence Calculations
Several factors can influence how negligence is calculated in a Kentucky personal injury case:
Evidence
The strength of the evidence presented by both sides can significantly impact how fault is apportioned. Evidence might include witness testimony, surveillance footage, accident reports, or expert analysis.
Contributory Acts
If the plaintiff’s actions contributed to the accident, those actions will be factored into the negligence calculation. For instance, if the plaintiff was driving then braked suddenly for no apparent reason and was hit by the car behind them, they may be found partially at fault.
Severity of the Injury
The severity of the plaintiff’s injuries can affect the overall damages awarded. More severe injuries usually result in higher compensation, both in terms of medical costs and non-economic damages like pain and suffering.
Elements of Negligence in Kentucky
Negligence is established by proving the following four primary elements:
Duty of Care
The plaintiff must first establish that the defendant owed them a duty of care. In Kentucky, a duty of care exists when a person is expected to act in a way that avoids harm to others. For example, drivers have a duty to follow traffic laws, and property owners must ensure their premises are safe for visitors.
Breach of Duty
The defendant (at-fault party) failed to uphold that duty by acting negligently or irresponsibly, such as by running a red light.
Causation
The breach of duty directly caused the plaintiff’s injury, and the harm was foreseeable.
Damages
The plaintiff suffered actual losses, such as medical expenses, lost wages, or pain and suffering, due to the defendant’s actions.
An Attorney Can Help
An experienced Paducah injury attorney can help you understand how Kentucky’s legal system works and present strong evidence to ensure you receive fair compensation for your injuries.