Kentucky · Comparative Negligence

Kentucky Comparative Negligence Rule

Kentucky follows a pure comparative rule under Ky. Rev. Stat. § 411.182. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: Kentucky

Rule type
Pure comparative

Claimant can recover at any percentage of fault; damages are reduced proportionally.

Max fault to recover
No cap (99%)
Ky. Rev. Stat. § 411.182 →
How recovery works
Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for Kentucky

Pure comparative negligence adopted in Hilen v. Hays (1984) and codified in KRS 411.182 (1988). Damages are reduced by the claimant’s share of fault with no percentage bar.

Related: Kentucky statute of limitations

Kentucky gives you 1 year to file a personal injury lawsuit under Ky. Rev. Stat. § 413.140.

See the full Kentucky statute of limitations →

Related: Kentucky car accident settlements

The pure comparative rule is one of the biggest factors in what a Kentucky car accident claim pays. Our Kentucky guide covers settlement ranges by injury type and city, with the fault rule and filing deadline applied.

Kentucky car accident settlement calculator →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Kentucky attorney before relying on it.

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Kentucky Comparative Negligence FAQ

What comparative negligence rule does Kentucky follow?

Kentucky follows a pure comparative rule under Ky. Rev. Stat. § 411.182. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in Kentucky?

Yes. Kentucky uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in Kentucky?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Kentucky is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in Kentucky?

Kentucky gives you 1 year to file a personal injury lawsuit under Ky. Rev. Stat. § 413.140.

Where can I read the actual rule?

The controlling authority is Ky. Rev. Stat. § 411.182. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states

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