Liability refers to the legal responsibility one party holds for causing harm to another. In a personal injury case, it means that the negligent party’s actions—or failure to act—led to the victim’s injuries and resulting damages. Legally and financially, this translates to the at-fault party owing compensation. In Kentucky, accident victims must prove the other party’s liability to recover monetary damages in a personal injury claim.
Liability in a Personal Injury Case
In Kentucky, personal injury claims can arise from many types of accidents, including car crashes, slip and falls, construction accidents, and more. Understanding how liability is determined is essential to building a strong case. Consulting with an experienced personal injury attorney can help clarify how liability applies to your specific situation and what evidence is needed to support your claim.
Proving Negligence in a Personal Injury Case
In most Kentucky personal injury cases, establishing liability relies on the legal concept of negligence.
To succeed in a negligence claim, the injured party must prove all four essential elements:
- Duty of Care: The defendant had a legal obligation to act with reasonable care to avoid causing harm to others.
- Breach of Duty: The defendant failed to meet that standard of care by acting—or failing to act—in a way a reasonably prudent person would under similar circumstances.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries and related losses.
- Damages: The plaintiff suffered actual harm, such as physical injuries, medical expenses, lost wages, or other measurable losses.
All four elements must be established for a negligence claim to succeed. Only after proving negligence—or intentional wrongdoing—can a party be held legally responsible and ordered to pay compensation for the resulting damages.
What Kinds of Damages Are Available in a Personal Injury Case?
In a Kentucky personal injury case, the primary goal of damages is to compensate the injured party for the losses they’ve suffered due to someone else’s negligence. These are generally divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages are tangible, out-of-pocket losses such as medical expenses, lost wages, rehabilitation costs, and property damage. These are typically easier to calculate because they come with bills, receipts, or documented financial losses.
Non-Economic Damages
Non-economic damages compensate for more subjective harm. This includes pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the impact the injury has on relationships). Although harder to quantify, these damages recognize the real, life-altering consequences of an injury beyond just financial costs.
Can I Still Recover Damages If I’m Partially at Fault?
Kentucky follows a pure comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced in proportion to your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 30% at fault, your recovery would be reduced by 30%, and you would receive $70,000.
This system ensures that fault is fairly allocated, but it also means that the other party’s insurance company may try to shift blame onto you to reduce their payout. An experienced personal injury attorney can help protect your rights, present strong evidence, and minimize any unjust claims of shared fault.
What Is the Deadline to File a Personal Injury Claim in Kentucky?
The statute of limitations in Kentucky for most personal injury claims is one year from the date of the accident. Some exceptions can apply, so be sure to consult with an attorney. Missing the deadline to file your lawsuit can mean a permanent loss of your legal right to sue for your injuries. A Lexington personal injury attorney will know the deadlines that apply to your case and make sure you file a strong claim on time.
Contact a Lexington Personal Injury Lawyer to Schedule a Free Consultation
If you’ve been injured in an accident in Lexington, Kentucky, you may be entitled to compensation for your medical expenses, lost income, and other damages. Proving liability is essential to securing a financial recovery, and the skilled attorneys at Ross Mann Personal Injury Lawyers are ready to help. We’ll gather the evidence needed to build a strong case and hold the at-fault party accountable. Contact us today online or call us at (859) 413-3900 to schedule your free consultation and explore your legal options.
