Damages Available in After a Car Accident in Kentucky

There is no way to predict when you will be in a car accident. Certain conditions such as poor weather or poorly maintained vehicles may increase the chances of a car accident, but for the most part, a car accident happens unexpectedly. A serious accident can leave you with serious injuries that require hospitalization for surgery and other medical treatments. Serious injuries may keep you out of work for a significant period of time, impacting your income. In some cases, injuries from a car accident may have long-term consequences on a person’s life including their source of income. If you are injured in a car accident, and your medical expenses start piling up, you may wonder how you will be able to cover your bills and your medical expenses especially if you are unable to work. If you were injured in a car accident caused by another person’s negligence, there is no reason why you should bear the cost of your damages alone.

Recoverable of Damages 

There are two main types of damages that are recoverable after a car accident. You may have both economic and non-economic damages. There is another category of damages known as punitive damages, which may be recoverable but is not commonly granted because it requires a finding of gross negligence.

Economic damages are tangible, money-based damages which value is easily ascertainable with evidence such as bills and invoices. Economic damages include:

  • Past medical expenses
  • Future medical expenses
  • Lost income
  • Repair or replacement of damaged property
  • Loss of use of car

Non-economic damages are intangible damages that often require the professional expertise of economists to determine their value. Non-economic damages include:

  • Past and future pain and suffering
  • Loss of consortium

Punitive damages may be awarded only with a finding that the responsible party acted with gross negligence. This means that there must be a finding of a failure to exercise reasonable care, and then an additional finding that this failure was accompanied by wanton or reckless disregard for the lives, safety, or property of others. The proof required for punitive damages is clear and convincing evidence. 

The first step in claiming damages is to ascertain the extent of your injuries and determine appropriate damages. An experienced car accident attorney will assess your case and have the resources to make a determination as to the damages available in your case.

Which Damages Will Your Insurance Cover?

Every driver is required to carry an insurance policy in the event of an accident causing personal injury or loss of property. However, having an insurance policy is no guarantee that the insurance company will pay all the damages on your claim. Recovering financial compensation for your damages can be very complicated and time consuming. You need an experienced car accident attorney who understands the laws regarding car accident claims. Because Kentucky is a choice no-fault state, your ability to file a lawsuit to recover compensation for your damages, and what damages you can be compensated for is determined by the type of car insurance policy you carry.

If you have been injured in a car accident and you have questions about the damages available in your case, you should speak to an experienced car accident attorney. Call the Louisville car accident attorneys at Dolt, Thompson, Shepherd & Conway, PSC. at (502) 369-0616 today or contact us online for your free case evaluation.