What is Pure Comparative Negligence? How Might It Affect My Case?

Whether you’re making an insurance claim or involved in a personal injury lawsuit, the legal doctrine of pure comparative negligence comes into play under Kentucky law. It has positive and negative aspects, and Satterley & Kelley, PLLC will make the most of your situation and put forward your case as strongly as we can.

Under comparative negligence, the fact finder (a judge or jury) will determine each party’s degree of fault. In states with modified comparative negligence, the plaintiff (you, the injured party filing the lawsuit) must show they are no more than 50% or 51% at fault to recover damages (the harm you suffered measured in dollars). Thirty-three states use this system.

Thirteen states, including Kentucky, have a pure comparative negligence system. Each party can receive compensation for the other party’s share of blame for the accident. If the other party is 60% at fault for the accident, you can collect 60% of your damages from them or their insurance carrier. The defendant may counter-sue you and collect from you or your insurance carrier 40% of their damages.

Four states, plus the District of Columbia, have a contributory negligence system. If you are at fault in any way, your case can be dismissed, and you won’t collect any damages.

How Can Pure Comparative Negligence Help a Plaintiff?

It can be good for you and your case for several reasons.

1. You Could Recover Even If You’re Mostly at Fault

With stricter negligence rules (like modified comparative or contributory negligence), if you’re 50% or 51% responsible for the accident or at fault to any degree, your case will be dismissed, and you will obtain nothing. If a judge or jury finds you’re 55% at fault, at least you’ll collect 45% of the damages you’re seeking

2. A More Fair Allocation of Fault

Many accidents happen because both parties aren’t driving as well as they should. You both may be driving too fast for the conditions, but the other driver switched highway lanes without first looking if it was safe to do so and sideswiped you. This system allows for a more accurate and fair allocation of responsibility. You won’t lose your right to compensation because you made a mistake that played a role in causing the accident.

3. It Encourages Settlement and Negotiation

Since both parties’ actions are evaluated and play key roles in negotiation, this system may encourage both parties to settle. Neither side knows how much fault a judge or jury may assign and may want to settle to end the uncertainty.

How Can Pure Comparative Negligence Hurt a Plaintiff?

This method of evaluating a case can make it more difficult for plaintiffs in many ways, including the following.

1. Reducing Compensation

Your share of the fault reduces the damages you’ll obtain. The more you’re at fault, the less compensation you’ll receive. If your fault is significant, seeking damages may not be worth the effort. It will make more sense for the other party to sue you.

2. More Focus on Your Actions

The defendant in your case has a strong incentive to highlight your role in causing the accident, so making you look worse means the less they must pay. They may aggressively pick apart your version of events, scrutinize your behavior, prolong the case, and undermine your credibility in open court.

3. Psychological Impact

It may be emotionally difficult to endure a trial where your mistakes are repeatedly pointed out and criticized. This extended, public finger-pointing may be stressful, especially if you’re coping with physical, financial, and emotional hardships caused by the accident and your injuries. If you think this will be an issue for you, accepting a lower settlement offer may be worthwhile to avoid a stream of criticism in open court.

Speak To a Satterley & Kelley Personal Injury Lawyer Today

If another party injured you due to their negligence, Satterley & Kelley, PLLC attorneys can protect your legal rights to compensation.

To discuss your situation and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.