Recoverable Damages in Kentucky Automobile Accidents

Automobile accidents are unfortunate yet common occurrences on Kentucky roads. In the aftermath of an accident, victims often find themselves left with a number of questions, including how to address the financial burden resulting from the accident. If you or a loved one have suffered from injuries in an auto accident, the Paducah auto accident lawyers at Saladino & Schaaf, PLLC have the experience to help guide you through the legal process and to understand what recoverable damages are.

What are Recoverable Damages? 

In legal terms, “damages” refers to monetary compensation awarded to someone who has suffered a loss or injury due to another party’s negligence or wrongful act. In the context of automobile accidents, damages are intended to compensate the victim for the harm suffered as a result of the collision.

Kentucky law recognizes several categories of damages that may be recoverable following an automobile accident. These can include economic, non-economic, and, in some cases, punitive damages.

What are Economic Damages?

Economic damages refer to actual financial losses that can be quantified. These may include:

Medical Expenses 

This category covers costs associated with medical treatment, including:

   ∙ Emergency services and ambulance fees

   ∙ Hospital stays and surgeries

   ∙ Physician fees and specialist consultations

   ∙ Prescription medications

   ∙ Ongoing therapy and rehabilitation

   ∙ Future medical expenses related to the accident

Lost Wages 

This category covers income lost due to time away from work as a result of injuries sustained in the accident and the time it takes you to recover. These may include:

∙ Regular wages or salary

∙ Overtime pay

∙ Bonuses or commissions

∙ Sick days or vacation time utilized during recovery

∙ Lost business opportunities for self-employed individuals

Loss of Earning Capacity 

In cases where severe injuries impact your long-term ability to continue your job at your former performance level or even your ability to work at all, damages may be awarded for reduced future earning capacity. This may include:

∙ Projected future earnings

∙ Potential career advancements

∙ Benefits and retirement contributions

Property Damage

This primarily pertains to costs associated with repairing or replacing your damaged vehicle, but may also include:

∙ Personal items damaged in the collision (e.g., laptops, smartphones)

∙ Modifications made to vehicles or homes to accommodate injuries

Additional Out-of-Pocket Expenses

Other expenses related to the accident may also be recoverable, such as:

∙ Transportation costs to medical appointments

∙ Home care services

∙ Childcare expenses necessitated by your injuries

What are Non-Economic Damages?

Non-economic damages compensate for intangible losses that, while not easily quantifiable, significantly impact the victim’s quality of life. These are often referred to as “pain and suffering.”

Physical Pain and Suffering 

Compensation for physical pain and discomfort resulting from injuries sustained in the accident, both past and future.

Emotional Distress

Damages awarded for psychological impact such as:

∙ Anxiety

∙ Depression

∙ Post-traumatic stress disorder (PTSD)

∙ Sleep disturbances

∙ Other mental health issues resulting from the accident

Loss of Enjoyment of Life

Compensation for the inability to engage in previously enjoyed activities or hobbies due to an accident. This could include:

∙ Recreational activities

∙ Social engagements

∙ Personal relationships

Loss of Consortium

If you are married, your spouse may have their own claim for loss of consortium. These damages address the impact of injuries on your relationship with your spouse, including:

∙ Loss of companionship

∙ Loss of intimacy

∙ Loss of support in household duties

What are Punitive Damages?

While less commonly awarded, punitive damages may be applicable in cases involving particularly reckless or malicious behavior. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages serve to punish the at-fault party and deter similar behavior in the future. 

In Kentucky, punitive damages are governed by KRS 411.184 and KRS 411.186. To be awarded punitive damages, the plaintiff must prove by clear and convincing evidence that the defendant acted with oppression, fraud, malice or was reckless and/or otherwise grossly negligent.

Saladino & Schaaf, Paducah Auto Accident Lawyers – We Can Help

Being involved in an automobile accident can have profound and lasting impacts on your life. You don’t have to face the aftermath alone. With the proper support and legal strategy, we at Saladino & Schaaf can help you secure the resources you need to move forward after you’ve received injuries in an auto accident.  

We’ll help you understand your rights and explore your options. We’re committed to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation.  Our offices are conveniently located in Paducah and Murray.