Types of Damages Available in a Kentucky Personal Injury Claim

Kentucky personal injury law allows victims injured by others’ negligence to seek recovery for those losses. That means you can seek damages against the at-fault party with evidence to substantiate your claim. Damages can be economic or non-economic.

The burden of proving these damages is on the victims. That means you must demonstrate fault and the value of each loss. Seek the assistance of a Lexington personal injury lawyer from Gary C. Johnson, P.S.C., after suffering an injury.

Types of Damages Available in a Kentucky Personal Injury Claim

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Economic Damages in a Kentucky Personal Injury Claim

Economic damages reimburse you for the financial losses you have. They are straightforward losses, often with a simple way to value them. They involve bills, receipts, or other documentation that clearly documents the value of each loss. Examples of economic damages include:

• Medical expenses, including emergency care, surgery costs, physical therapy, medication, and future medical expenses expected
• Lost wages and future earnings, when your injury prevents you from working as you would have and any future impact on your earning potential
• Property damage, including any damage to your assets, such as your car in a motor vehicle accident

These damages typically have a verified value. Use those receipts or bills to set the value of these losses.

Non-Economic Damages in a Kentucky Personal Injury Claim

Non-economic damages are more subjective, meaning their value depends on factors such as severity and the impact on your emotional and psychological well-being. These damages are not quantifiable with a receipt, but they are very real losses you incurred due to the actions of others. Examples include:

• Pain and suffering focused on the physical discomfort you experienced at the time of your accident and through recovery
• Emotional distress, including the trauma this creates in your life and impacts such as the onset or worsening of anxiety, depression, and post-traumatic stress disorder (PTSD)
• Loss of enjoyment in life, especially if your injury limits your ability to engage in hobbies you enjoyed prior
• Loss of consortium for the impact the injury has on your relationship with your spouse or other members of your family

Calculation of non-economic damages is much more challenging. Kentucky does not prescribe a fixed multiplier for these losses. Their value depends on the evidence of the injury, its severity, and its effect on your life. Settlement estimates do not bind a jury, which evaluates the evidence and determines any award. Medical records and testimony can help explain losses that receipts cannot measure.

Punitive Damages in a Personal Injury Case in Kentucky

Kentucky’s punitive damages law, under KRS 411.184, provides that punitive damages are a form of financial award awarded when proven by clear and convincing evidence that the defendant acted in oppression, fraud, or malice. Though rarely awarded, these financial awards are often given to punish the defendant.

Calculating Your Losses

In every personal injury case in Kentucky, victims must document their losses with evidence. Insurance companies are not responsible for telling you what your losses are. You must demonstrate them. Work with a Lexington personal injury attorney from Gary C. Johnson, Attorneys at Law, P.S.C., to clarify the value of all of your losses before you file a claim. Call our team for a free consultation.