Kentucky follows a modified comparative fault law in wrongful death claims. This law directly impacts the amount of compensation you might receive. Understanding how the law works is essential when filing your claim.
What is Kentucky’s comparative fault law?
Kentucky’s comparative fault law assigns a percentage of responsibility to each party involved in an accident or incident. If the deceased person or their family shares responsibility for the event that caused the wrongful death, their compensation can decrease based on the percentage of fault they hold.
For example, if the victim holds 20% of the responsibility for the accident, and the total award is $100,000, the award will decrease by 20%, leaving $80,000 to distribute.
How does it affect compensation?
This law affects the amount you can recover in damages. If you or the deceased hold more than 50% of the fault, you cannot recover any compensation. However, if the fault is 50% or less, the law reduces the award based on the percentage of fault assigned.
This reduction shows how important it is to gather strong evidence to minimize any claims of shared responsibility. Even if the claim succeeds, the court may award less than expected.
Can the defense use comparative fault?
Yes, the defense can argue that the plaintiff’s actions contributed to the wrongful death. They may show that the deceased or their family members played a role in the incident, potentially reducing the award or eliminating it completely.
Understanding how comparative fault applies in wrongful death cases helps you make informed decisions during litigation. It highlights the need for clear evidence and strong arguments to protect the deceased’s and their family’s rights.