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What Qualifies as a Permanent Injury in Kentucky?

Published on Sep 12, 2019 at 1:28 pm in Personal Injury.

Hospital patient with walker

There are a number of uncertainties that coincide with an accident. The most pressing is often when you’ll be able to return to your normal way of life. Unfortunately, some accidents result in catastrophic or permanent injuries. When this is the case, it’s important for personal injury victims to know that they have options when it comes to paying for medical bills and handling the significant changes they’re facing.

In Kentucky, accident victims have the right to seek compensation for their injuries. If the injury is considered permanent, which impacts a person’s ability to return to work, the compensation they’re eligible for could cover medical expenses, the future cost of care, and more.

Understanding what qualifies as a personal injury in Kentucky is important if you’re seeking compensation for one. Our lawyers can explain the relevant laws to you and help you build a claim, so you can move forward.

Accidents Resulting in Permanent Injury

Permanent injuries can happen in any accident. Whether you’re involved in a crash with a tractor-trailer, you were injured at work, or a medical procedure went wrong, a life-long injury changes the course of your life. Learning how to live with your injury could require relearning to do everyday tasks like eating, dressing, and bathing.

The most common permanent injuries include traumatic brain injuries (TBI), spinal cord injuries, and amputations. Traumatic brain injuries affect a person cognitively and emotionally. Depending on the injury, a person could experience memory lapses, behavioral changes, or mood swings. The most severe spinal cord injuries result in paralysis. Some amputations, like the loss of a pinky finger, are minor. There are, however, catastrophic injuries that result in the loss of multiple limbs.

Defining a Permanent Injury in Kentucky

Labeling an injury after an accident in Kentucky is primarily contingent upon your doctor’s diagnosis and your predicted maximum medical improvement. Definitions of permanent injury vary and may be based on the type of accident you were in. If you were in a car accident, your injuries might be labeled as catastrophic if you’re no longer able to be gainfully employed. If you were injured on the job and file a claim, permanent disabilities injuries are separated into two categories: permanent partial disability and permanent total disability.

A permanent disability rating of anything less than 100% is considered partial. You may be able to return to work, but with limitations. Benefits are available, but they’re contingent upon factors like how and when the injury occurred and how severe the disability is.

Permanent total disability is rare, but it does happen. The person must be so severely injured that they cannot keep or get a job. To be eligible for benefits, the person has to have reached their maximum medical improvement. Conditions like loss of the use of both arms, legs, or eyes are considered permanent total injuries.

To seek compensation for your injury, you’ll need more than your doctor’s diagnosis. You’ll also need the help of an experienced attorney who can build a strong claim on your behalf.

Compensation for Permanent Injuries

If your injury was caused by another person’s negligence, you can seek compensation. In Kentucky, you can seek economic and noneconomic damages. Both serve to help you recover financially from what you were wrongfully put through.

Economic damages refer to those that are calculable. This takes into consideration your medical bills, lost wages, future medical expenses, future lost wages, property damage, and more. Noneconomic damages are harder to calculate because they aren’t based on numbers. Instead, they’re based on factors like pain and suffering, emotional turmoil, and loss of enjoyment. There are no caps on damages in Kentucky, so your lawyer will be able to file a claim for what is full and fair.

If you were injured at work, you may be eligible for workers’ compensation benefits. While the benefits vary by case, generally the compensation is equal to 66.6% of your average weekly salary. Employees can use their accumulated leave to keep their regular salary, and workers’ compensation benefits are instated when the paid leave runs out.

Seek Monetary Recovery for Your Injuries

At Golden Law Office, we understand that coping with a permanent injury is often more challenging than the recovery itself. This can make it difficult to pursue a personal injury claim. But, if you believe your accident resulted from someone else’s negligence, taking legal action is the only way to ensure they are held accountable and you receive the compensation you need to recover as fully as possible. To learn more about your legal options, contact us today.

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