Pure Comparative Negligence
Kentucky follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
No Cap
No limit on non-economic damages
1 years for personal injury
Deadline to file your lawsuit
Kentucky follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
Additional research needed for specific cap amounts
$0
Based on reported cases in Kentucky
11,762
Personal injury lawsuits per year
Kentucky follows pure comparative negligence, allowing plaintiffs to recover even when more than 50% at fault. The Hilen v. Hays (1983) case established this plaintiff-friendly standard.
Kentucky's coal mining industry has produced significant occupational disease and injury litigation. Black lung disease cases and mining accidents have resulted in substantial settlements and verdicts.
The state has seen notable pharmaceutical litigation, including opioid cases that have resulted in billions in settlements with drug manufacturers and distributors.
Kentucky personal injury cases are filed in Circuit Court, with 57 judicial circuits. Jefferson County (Louisville) and Fayette County (Lexington) handle the most civil litigation.
Kentucky follows the Kentucky Rules of Civil Procedure. The state uses electronic filing and case management systems.
Kentucky courts have Court-Annexed Mediation programs. Settlement conferences are common, and many judges actively encourage resolution.
Kentucky attorneys are licensed by the Kentucky Bar Association. Kentucky's pure comparative negligence makes it more plaintiff-friendly than many states.
The Kentucky Justice Association is the state's primary plaintiff attorney organization. Coal industry and pharmaceutical litigation experience is valuable.
Contingency fees typically range from 33-40%. Kentucky has no general damage caps, allowing full recovery for serious injuries.
Kentucky's statute of limitations for personal injury is 1 year under KRS § 413.140—one of the shortest in the nation. This strict deadline makes prompt action essential.
Medical malpractice also has a 1-year statute of limitations. Claims against Kentucky government entities have specific procedures under the Claims Against the Commonwealth statute.
This calculator provides estimates only and is not legal advice. Laws in Kentucky are complex and individual case results vary. Consult a licensed Kentucky attorney for advice specific to your case.