Losing someone because of another person’s actions can devastate you and your family. When you pursue a wrongful death claim, you want accountability and justice for your loved one. In Kentucky, comparative fault can affect how much compensation your family receives. Understanding this rule helps you see how courts divide responsibility and adjust damages.
What comparative fault means
Kentucky follows a pure comparative fault system. If your loved one shared some responsibility for the incident that caused their death, the court assigns a percentage of fault to each party. Your family can still recover damages, but the total amount drops depending on how much the court finds your loved one at fault.
How courts determine fault
Courts decide fault by reviewing police reports, witness statements, and expert analysis. They look at each person’s actions leading up to the incident. Even if your loved one bears most of the responsibility, your family may still recover some compensation.
Why comparative fault matters
Comparative fault changes both the value and approach to a wrongful death claim. Insurance companies often argue that your loved one contributed to the event to reduce how much they have to pay. Considering how these percentages affect the outcome helps you evaluate settlement offers and prepare for court.
How compensation adjusts under state law
When the court assigns fault percentages, it also calculates total damages. The reduction applies directly to that amount. If the total award equals $500,000 and the court finds your loved one 25% at fault, your family would receive $375,000.
Holding others accountable after a loss
Comparative fault may lower compensation, but it does not stop families from seeking justice. State law gives families the right to pursue fair damages even when fault is shared.