The Different Ways Shared Liability Can Impact A Personal Injury Claim

Louisville is the 28th most populated city in the whole US. With a population of around 622,981 in 2023, it goes without saying that there are many personal injury cases filed each year. Common cases include car accidents, workplace injuries and slip and falls. For example, according to crash statistics, over 30,000 car accidents are recorded every year in Louisville.

If you have been involved in any form of accident, it is easy to assume the other person is fully responsible. But sometimes the situation isn’t quite straightforward. In some personal injury cases, both parties share some level of fault. This is called shared liability.

Since it can significantly affect the compensation you receive, victims are advised to hire a personal injury lawyer in Louisville to handle the case on their behalf.

What Is Shared Liability?

Shared liability simply means that more than one person is at fault for an accident, including the “victim.” For example, let’s say you were hit by another driver who made an illegal turn, but at the time of the accident, you happened to be speeding. The insurance company or court may find that both you and the other driver share some type of blame.

In Louisville and the entire Kentucky, the state follows a pure comparative negligence rule, which directly impacts your claim.

How Comparative Negligence Works

Under Kentucky’s pure comparative negligence system, you can recover damages even if you were mostly at fault. But here is the catch: your compensation gets reduced by the percentage of fault assigned to you.

For instance, if you were awarded $100,000 for injuries but were found to be 30% at fault, then you would only get $70,000. While this is still something, it is not the full amount. This approach is better than other states where you can’t receive any compensation even if you are found just 1% at fault.

Why Does Shared Liability Matter?

Shared liability does not just affect how much you are awarded. It also changes how insurance companies will handle your claim. Insurance adjusters always look for any reason to reduce what they have to pay. This includes blaming you even if you are just partially at fault.

For example, they may argue that you didn’t brake soon enough before a car crash or you were not watching where you were going, hence slipping on a wet floor. Even if these things are only partly true, they can still significantly lower your payout.

How to Deal With Shared Liability

If you are dealing with a personal injury claim where shared liability is an issue, don’t try to handle the case alone. In such claims, evidence can make or break your claim. There are things that can help prove how little you were actually at fault, such as:

• Police reports
• Witness statements
• Photos
• Surveillance footage

Working with a local personal injury lawyer can make a big difference. They know how Kentucky laws apply to your situation and can fight back when insurance companies try shifting the blame.

Conclusion

Shared liability can be very confusing, but understanding how it works is necessary when it comes to protecting your claim. Remember, you are still entitled to compensation even if you are found partly at fault in Louisville.