When you’ve been injured in an accident, it’s natural to feel overwhelmed with everything that follows. You will have medical bills to deal with, lost wages if you’re unable to work, and that doesn’t even include the emotions you are feeling due to the stress from the injuries you may have sustained. Fortunately, you may be entitled to collect damages under Kentucky law. Understanding the types of damages you may receive is important to protect your rights and secure the fair compensation you deserve.

We explain the different categories of damages available in a Kentucky personal injury claim in the following article, as well as important legal considerations that could affect your case.

If you're looking for assistance with a personal injury case, consider consulting with the Kentucky personal injury lawyers at Brandon J. Broderick, Attorney at Law today. Our team can help you make sense of the sometimes complex nature of personal injury claims.

Understanding Damages in Personal Injury Cases

In personal injury law, “damages” refer to the monetary compensation you may recover for the losses you've sustained in an accident. Damages are generally classified into two primary types: economic damages and non-economic damages. In rare cases, punitive damages may also be awarded. Below is a breakdown of the types of damages.

Economic Damages

Economic damages are designed to reimburse you for the tangible financial losses you have incurred due to your injury. These are usually easy to calculate because they involve specific dollar amounts that can be verified through bills, receipts, and other documentation.

Medical Expenses
Medical bills are often the most significant financial burden after an accident. Economic damages can cover hospital stays, surgery costs, rehabilitation, physical therapy, medication, and any future medical expenses you might incur as a result of your injuries. For example, if your injuries require long-term care, your attorney may calculate the projected cost of that care and include it in your claim.

Lost Wages and Future Earnings
If your injury has prevented you from working, you could seek compensation to cover your lost income. In cases where your injury impacts your future earning potential—such as when you cannot return to your previous job or must work fewer hours—you can also seek damages for lost future earnings.

Property Damage
In accidents like car crashes, you may also need compensation for property damage. This could cover the cost to repair or replace your vehicle or any other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages are more subjective and compensate for the emotional and psychological impact of an injury. These types of damages are not as easily quantifiable as economic damages, but they are equally important.

Pain and Suffering
Pain and suffering encompasses the physical pain and discomfort caused by your injuries. This could include chronic pain, the physical limitations you experience, and any ongoing treatment you must endure. Calculating pain and suffering damages often involves a formula that considers the severity of your injuries.

Emotional Distress
Accidents can have a lasting emotional impact, especially if they involve trauma or a significant life change. Emotional distress damages aim to compensate for mental anguish, anxiety, depression, or post-traumatic stress disorder (PTSD) you may experience as a result of the incident.

Loss of Enjoyment of Life
If your injury prevents you from enjoying activities or hobbies you once loved, you may be able to seek compensation for the loss of enjoyment of life. For example, a person who can no longer play sports or participate in family activities due to their injury could be eligible for these damages.

Loss of Consortium
Loss of consortium refers to the impact an injury has on your relationship with your spouse or family. If your injuries have strained your marriage or made it difficult to maintain relationships, your spouse may be eligible to claim loss of consortium damages.

Punitive Damages

Punitive damages are rarely awarded and are meant to punish the defendant for particularly reckless or malicious behavior. In Kentucky, punitive damages are only granted in extreme cases, such as those involving intentional harm or gross negligence. These damages serve as a deterrent to prevent similar conduct in the future.

Kentucky-Specific Laws to Keep in Mind

Kentucky follows a “pure comparative negligence” rule, which means your compensation may be reduced based on your percentage of fault in the accident. An example would be if you are 20% at fault for your injuries, your total compensation will be reduced by 20%. It’s important to consult with an attorney to understand how this rule might impact your case.

Additionally, the statute of limitations for car accident-related injuries in Kentucky is generally two years from the date of the accident. If you fail to file your claim within this period, you could lose your right to seek compensation. There are exceptions to this rule, which is why consulting with a lawyer as soon as possible is highly recommended.

Advantages of Having an Experienced Lawyer Representing You

When dealing with the aftermath of a serious injury, navigating the legal system on your own can feel overwhelming and even intimidating. Having an experienced personal injury lawyer handling your case can make a significant difference, especially when you’re up against insurance companies looking to minimize your claim.

Building a Strong Case
An attorney doesn’t just represent you in court; they gather important evidence, consult with medical and accident experts, and interview witnesses to strengthen your case. This comprehensive approach ensures that no stone is left unturned in your pursuit of justice.

Protecting Your Interests
Insurance companies are skilled at protecting their own interests. They may offer quick settlements that fail to account for the full scope of your injuries. An experienced lawyer can negotiate assertively on your behalf, ensuring you receive compensation that truly reflects your losses.

Guidance Through Kentucky Laws
Kentucky’s laws, including comparative negligence rules and strict filing deadlines, can be tricky to navigate. Your attorney will guide you through each step of the legal process, making sure your case is on solid ground and that your rights are protected.

Call Brandon J. Broderick For Legal Help

Navigating Kentucky personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.