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Monday, September 28, 2015

Damages and Compensation Available in Kentucky Injury Cases

As a result of my accident, I have missed work and will likely need to stop working altogether. Is this compensable in an injury lawsuit?

If you’ve recently been injured, you are undoubtedly focused on making a full recovery, regaining strength, and reclaiming your independence. In all likelihood, however, a personal injury lawsuit can reap untold benefits in the wake of a catastrophic accident and injury.

In Kentucky, an injury plaintiff can receive both economic and noneconomic damages as compensation for an injury. Moreover, as our law office can explain further during your consultation, it may also be possible to obtain additional workers’ compensation benefits and/or punitive damages depending on the facts surrounding the injury.

Economic damages are those which are calculable and quantifiable. For instance, if an injured plaintiff has a health insurance policy that only covers 80 percent of all medical services, he or she may be left with thousands of dollars in co-pays to cover. Moreover, the accident may have resulted in severe property damage, missed time from work, and lost future opportunities – all of which are compensable.

Noneconomic damages are just as important, but more difficult to quantify. In addition to the compensation available to accident victims for their actual expenses, a victim may also receive compensation for his or her emotional turmoil, mental anguish, anxiety or pain and suffering. These damages are usually assigned by a jury and are meant to place a value on the victim’s negative experience.

If a victim is killed in an accident, surviving family members may file a claim under Kentucky’s wrongful death statute – which awards damages for loss of future earnings, cost of funeral and burial, costs related to the final medical expenses, and loss of relationship between the victim and his or her spouse and children.

If you or a loved one recently experienced a tragic accident and would like to discuss compensation options, please do not hesitate to contact attorney Flora Stuart today at 888.782.9090.


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