Suffering an injury due to the negligence of another person is a painful and expensive experience. It’s often possible to negotiate an equitable settlement between all parties without going to court. However, if an acceptable settlement can’t be reached, a personal injury lawsuit may need to be filed. If you are anticipating needing to file a personal injury lawsuit, it’s important to understand the types of damages that are recoverable under Kentucky law.
Our team of attorneys at Sam Aguiar Injury Lawyers has been working on behalf of accident victims and their families for more than ten years. If you’re looking to hire a Louisville injury lawyer, look no further – we’re ready to assist you today.
Kentucky law allows for a personal injury accident victim to be fully compensated for the injuries they sustained due to another person’s negligence. In other words, the law provides that a victim should receive damages in an amount of money that places them in the same condition that they were in before the accident occurred.
Calculating those damages can be a complicated process, though, because in addition to monetary losses, the law also allows victims to be compensated for non-monetary injuries, such as pain and suffering. Additionally, in some cases, punitive damages may be available. All in all, an experienced personal injury attorney can assist you in totaling up the dollar amount of damages for which you may be entitled to seek compensation.
Importantly, Kentucky does not place a “cap” or limit on the damages that can be sought in a personal injury lawsuit. In some states, damages are limited by a certain dollar amount, but in Kentucky, plaintiffs are free to pursue the amount that fully and fairly compensates them for their injuries. Generally, damages can be considered in three categories: monetary damages, non-monetary damages, and punitive damages.
Monetary damages, sometimes known as economic damages, are the damages most frequently recovered in personal injury lawsuits. These damages are designed to compensate accident victims for money they had to spend or otherwise lost due to the accident and their resulting injuries. The most common types of monetary damages recovered in personal injury cases include:
- Medical expenses and hospital bills
- Lost wages due to missed work time
- Property damage
- Costs of rehabilitation and physical therapy
- Loss of future earning potential
- Funeral and burial expenses in wrongful death cases
Oftentimes, calculating monetary damages involves collecting a large amount of documentation. Whether at the settlement table or in a trial, making a claim for damages requires that a plaintiff have some proof to support their claim. That proof can be in the form of hospital bills, receipts, employment documents, and sometimes, in expert reports who will need to calculate future earning capacity. An injury lawyer in Louisville can assist you in collecting the necessary documentation to support your claim for monetary damages.
In addition to monetary losses, the law allows plaintiffs to recover damages for non-monetary injuries. These damages are sometimes referred to as non-economic damages, and they compensate accident victims for injuries that are not easily quantified. Among the most common types of non-monetary damages are:
- Pain and suffering
- Emotional distress
- Loss of companionship for spouses
- Loss of enjoyment of life
While non-monetary damages can be difficult to calculate, they are essential parts of a personal injury lawsuit. Oftentimes, the non-monetary injuries are more devastating to accident victims than monetary injuries, and they should be accordingly sought from defendants.
Lastly, in some cases, a plaintiff may be able to seek punitive damages. These are extra damages that are awarded by a court to serve as punishment for especially egregious behavior. The law provides for punitive damages as a way to discourage others from acting in the same way in future cases.
While punitive damages can add a significant amount of compensation to a personal injury claim, they are only available in cases that involve extreme wrongdoing or intentional conduct. When consulting with one of our injury lawyers, Louisville accident victims can be sure that our team will seek as much compensation to which a victim may be entitled – including punitive damages if they are applicable.
If you or a loved one find yourself injured due to another person’s wrongful acts, the law provides that you can receive compensation for your injuries. The first step in seeking compensation is reaching out to an experienced and capable personal injury attorney. Our team at Sam Aguiar Injury Lawyers assists Louisville accident victims every day in seeking and obtaining compensation for their injuries. If your case qualifies, we will work hard on your behalf to ensure that your interests are protected to the fullest extent that the law allows.
Contact our team today to set up a free consultation on your prospective personal injury lawsuit.