What Types of Damages Can Be Recovered In An Injury Case?

Suffering an injury due to another person’s negligence is a painful and expensive experience.

It’s often possible to negotiate an equitable settlement without going to court.

However, a personal injury lawsuit may need to be filed if an acceptable settlement can’t be reached.

If you anticipate needing to file a personal injury lawsuit, it’s essential to understand the damages that are recoverable under Kentucky law.

Personal Injury Damages in Kentucky

Kentucky law allows a personal injury accident victim to be fully compensated for their injuries due to another person’s negligence.

Calculating those damages can be complicated, though, because in addition to monetary losses, the law also allows victims to be compensated for non-economic damages, such as pain and suffering.

Additionally, in some cases, punitive damages may be available.

Importantly, Kentucky does not place a “cap” or limit on the damages that can be sought in a personal injury lawsuit. 

Economic Damages

Economic damages are designed to compensate accident victims for losses they incur or will incur in the future due to the accident.

The most common types of economic damages recovered in personal injury cases include:

Medical expenses and hospital bills

Lost wages due to missed work time

Property damage

Diminution in value 

Destruction of power to labor and earn income

Replacement services

Incidental expenses

Funeral and burial expenses

Non-Economic Damages

In addition to economic losses, the law allows plaintiffs to recover non-economic damages.

Oftentimes, non-economic injuries are more devastating to accident victims than economic losses, and they should be sought accordingly by Plaintiffs.

These damages, sometimes referred to as non-economic damages, compensate accident victims for injuries that are not easily quantified.

While challenging to calculate, they are essential to a personal injury lawsuit.

Among the most common types of non-monetary damages are:

Pain and suffering

Emotional distress

Loss of love, affection, support, and companionship for spouses

Disfigurement

Punitive Damages in Injury Cases

In some cases, a plaintiff may be able to seek punitive damages.

These extra damages are awarded to serve as punishment for especially egregious behavior.

The law provides for punitive damages to discourage others from acting in the same way in future cases.

While punitive damages can significantly increase the compensation awarded in a personal injury claim, they are only available in cases involving extreme wrongdoing or intentional conduct.

Need an Experienced Injury Lawyer?

Our team of attorneys at Sam Aguiar Injury Lawyers has been representing accident victims and their families for more than 15 years.

Call 502-888-8888

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