Serious car accidents can upend the lives of all parties involved. For this and other reasons, Kentucky—being a no-fault state—requires personal injury protection (PIP). Consequently, if you are involved in an accident, you must file a claim with your insurance carrier regardless of who was at fault.
However, if your damages exceed the current threshold of $1,000 or the injuries are life-changing, you may pursue a claim with the at-fault driver’s insurance company or, if necessary, you may take legal action. This is where things may get a little complicated, especially being that car accident cases are not always open-and-shut.
Pure comparative negligence and what it means for your case
When you bring a personal injury or accident case to court, you must prove that the defending party was negligent. In this case, you and your attorney must prove the other driver’s actions (or inaction) were unreasonable and that these unreasonable actions ultimately led to your injuries and subsequent losses.
Being that Kentucky is a pure comparative negligence state, even if the court finds you partially at fault, you can still recover damages proportionate to your fault percentage. For example, if the maximum retainable damage amount is $20,000 and you were 10% at fault, you would be entitled to $18,000 of that amount.
Ideally, a successful personal injury suit would award recovery for losses like property damage, pain and suffering, lost wages from missing work and related medical bills.