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What Are Punitive Damages in a Personal Injury Claim?

Published on Feb 11, 2021 at 4:59 pm in Personal Injury.

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When another person’s negligence causes an accident that injures you, then you likely want to file a personal injury claim to hold them responsible for their actions. There are different types of damages that you can fight to recover from the negligent party, and your lawyer can help you determine which applies to your case.

Your personal injury attorney will be able to tell you if you deserve economic damages, noneconomic damages, or punitive damages. At Golden Law Office, we will fight to ensure that you get the full and fair compensation you deserve for the injuries and damages you sustained at the hand of someone else.

Punitive Damages

Accidents that are caused by someone else’s negligence can lead to you filing a personal injury claim to recover compensation for the damages they’ve caused you. Since negligence is involved, one type of damages that you might be able to recover are punitive damages, which are different than economic and noneconomic damages that are typically recovered in these cases.

Punitive damages are considered to be punishment for the negligent party. Not every case can seek punitive damages, though. These can only be sought if the party who caused the accident’s actions were especially harmful and intentional, or if they took part in willful and wanton misconduct.

Though punitive damages are harder to recover in a personal injury claim because they need concrete proof that the responsible party knew what they were doing was unlawful and grossly negligent, if they are warranted, then they should be sought out. These show the liable party and any future offenders that what they did was wrong and will be punished appropriately. This can help prevent grossly negligent actions from happening in the future.

In Kentucky, there is no cap on what you can recover in punitive damages. While other states choose to limit what you can win in punitive damages, Kentucky law states that with clear and convincing evidence that the other party acted with oppression, fraud, or malice, you can recover whatever punitive damages are deemed fit.

Other Damages You Can Recover

Punitive damages aren’t the only kinds of compensation you can recover from a personal injury claim. In fact, they are harder to win because they need undeniable proof of the misconduct. Cases are more likely to seek economic and noneconomic damages from the party responsible for their injuries.

Economic damages are calculated from the actual costs that you suffered as a result of your injuries and other damages from the accident. Documents like medical bills, repair costs, and lost wages all factor into what you can recover in economic damages. You can also include other costs, like medications and loss of earning capacity in these winnings.

The other kind of damages you can recover are noneconomic. These come from more abstract costs that you incurred, and typically don’t have a price tag on them. Pain and suffering, loss of consortium, and loss of enjoyment of life all factor into what you can gain in noneconomic damages. When you have an experienced lawyer on your side, they’ll be able to help you determine exactly what you’re owed in compensation for your injuries and damages and will help you get justice for what happened to you.

Golden Law Office Can Help You

In Kentucky, our law firm is here to represent you in your time of need. When you’ve been in an accident that was caused by someone else’s gross negligence, we will fight to get you the compensation you deserve. We will fully investigate what happened to figure out if punitive damages apply to your claim and are willing to do everything we can to help you recover what you’re owed for your injuries and damages.

At Golden Law Office, our experienced personal injury attorneys are here to guide you through your legal claim. Reach out to our office today so we can discuss your best course of legal action and get started as soon as possible.

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