Personal Injury Mediation in Kentucky
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Kentucky, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
1 years
Filing Deadline
$10,000 – $50,000
Avg Settlement
How Mediation Works in Kentucky
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Kentucky. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Kentucky Injury Law Overview
Kentucky is a choice no-fault state where drivers can elect whether to remain within the PIP no-fault system or opt out and retain full tort rights. Under the default no-fault system, PIP pays for medical expenses and lost wages; opting out allows suing for pain and suffering without a serious injury threshold. Kentucky has one of the shortest personal injury statutes of limitations in the country at just 1 year, requiring immediate action after any accident. Kentucky courts apply pure comparative fault, allowing recovery regardless of the plaintiff's degree of fault. Kentucky has no general cap on compensatory damages. Coal mining and horse racing generate distinctive personal injury and workers' compensation litigation in the state. Medical malpractice claims must comply with a certificate of merit requirement. Kentucky courts have robust dram shop liability, holding vendors responsible for over-serving intoxicated patrons who subsequently injure others.