April 11, 2019
What if you are partly at fault in an auto accident case? Can you still recover from the other driver’s insurance company for your personal injuries? What if you injured yourself in a slip and fall where you could be partly responsible for the injuries you sustained. Can you still recover from the property owner’s insurer? The answer to both of these questions is yes. The law in Kentucky, as in many states, used to prohibit an individual from recovery in a personal injury case if they were totally or even partly responsible for their injuries. However, the law today allows for an apportionment of fault between the parties. If the jury decides each party has fault in a case, they will apportion a percentage of fault to each party, with the percentages equaling 100%. If a jury decides a Plaintiff was 40% at fault in a case, the jury can still determine the full value of the damages, then the judge will award the Plaintiff 40% of that figure. This concept of comparative fault and apportionment strives to allow a Plaintiff to recover the percentage of his damages that were not caused by his own negligence. Therefore, if you are involved in an accident, you can still receive a recovery even if you are partly responsible.