What damages can I seek in a Kentucky personal injury lawsuit?
In addition to bringing the liable party to justice for their actions, the goal of any personal injury claim is to recover compensation for your losses. More commonly known as “damages,” these losses are broken up into two categories: economic and non-economic damages.
Economic Damages
Economic damages consist of your financial losses. Anything that costs you money is going to fall into this category, including:
- Medical expenses
- Loss of income
- Property damage
- Diminished earning capacity
Non-Economic Damages
Non-economic damages consist of losses related to your lifestyle and emotional state. They can include:
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Loss of companionship and love
- Loss of household services
- Inconvenience
- Scarring or disfigurement
The reason for the division of damages is because economic damages already have a set monetary value, whereas non-economic damages will need to be quantified. After assigning your non-economic damages a monetary value, this total will be combined with your economic losses to see how much your Kentucky personal injury claim is worth. In some cases, the amount of compensation you can seek will be affected by the insurance policy’s limits. We can discuss this in full during your consultation.
If you are being treated for injuries, we strongly advise that you continue your regime as recommended until you reach your maximum medical improvement. Not only is it the best thing to do for your health, but it can also help your case in the long run.
Can I seek punitive damages?
Yes, you can seek punitive damages in your injury claim, and may be awarded compensation at the judge’s discretion. Typically, punitive damages are awarded as a way for the courts to punish the liable party for intentional or egregious actions that caused you to be injured.
What if I’m partly at fault for my personal injury?
Kentucky is a comparative negligence state when it comes to shared fault. That means even if you are partly to blame for your accident, you can still file a claim against the party that’s primarily at fault. But be aware that any amount you are awarded will reflect a shared fault deduction.
For example, if you are found to be 10% to blame for the cause of your injuries and a jury awards you $100,000, you would receive $90,000 after your 10% comparative fault deduction.