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At Wilt Injury Lawyers, we take care of our clients like we take care of our family. Schedule a free consultation with us today so you can get the help you deserve.

Can I Still File a Lawsuit if the Brain Injury Was Partially My Fault?

A brain injury can alter the course of its victim’s life and can lead to ongoing physical, financial, and emotional losses that are difficult to overstate. In the State of Kentucky, victims of negligence-based accidents can seek compensation for their losses from the party whose negligence caused the accident. Even when the victim shares fault, they can pursue the percentage of their losses that the other party is responsible for. Consulting with an experienced Lexington brain injury lawyer early in the process is the best way to protectone’s rights to compensation.

Car Accidents and Shared Fault

Car accidents are a primary cause of brain injuries, including traumatic brain injuries (TBIs) and the consequences tend to be profound. Car accidents offer a good example of how fault can be shared in a brain injury claim.

Let’s say that a drunk driver failed to stop at a stop sign and, in the process, hit another motorist in the intersection, causing the motorist to suffer a brain injury. If the motorist’s distraction or excess speed contributed to the severity of the accident, they could be assigned a percentage of the fault involved, which can directly affect their brain injury claim.

How Claims Involving Shared Fault Work in Kentucky

When the victim of a brain injury isassigned the percentage of the fault in an accident that caused them to suffer a brain injury, their overall compensation will be reduced by this percentage to reflect their fault in the matter. Consider the following example:

The Victim’s Losses

Brain injuries are closely associated with dire consequences and very serious losses, which can include all the following:

Make the Call to an Experienced Lexington Brain Injury Attorney Today

The dedicated Lexington brain injury lawyers at Wilt Injury Lawyers appreciate the gravity and severity of brain injuries, and we leave no stone unturned in our efforts to resolve each claim in accordance with our clients’ best interests. Our well-respected legal team is here to help, so please reach out today by calling 502-427-6813 or contact us online for more information.