Auto accidents in Kentucky can be very complicated legal matters when all of the damage claims are being evaluated. Each injured party will have specific injury claims, with drivers potentially having a property damage claim as well. All elements are filed as either economic or non-economic in nature, with economic damages being stated in exact numbers and supported by documentation. The question for most injured victims will be how much compensation they will receive for all elements combined.
Special damages
Special damage claims from motor vehicle accidents are the ones that can be verified and presented in a specific dollar amount, hence the “special” reference. They are typically supported by documentation such as medical bills, statements from employers regarding lost wages and physical property damage in the form of auto repair estimates. They are also known as economic damages.
General damages
General damages are the non-economic compensatory claims from an auto accident that address long-term implications and issues such as pain and suffering and mental anguish. They are general because they cannot be stated in exact dollars. The appropriate number is usually calculated by using either the multiplier rule or the per diem method. Accident settlements are calculated using an agreed-upon multiplying factor that is applied to the specific damages total or by setting a daily amount and agreeing to a certain amount of time.
These elements of an auto accident claim can vary significantly before arriving at a final case value. This is especially true in Kentucky where the “no fault” insurance law is used. Knowing which insurance company to file with first can be confusing for passengers, and drivers often only carry the minimum amount of personal injury protection insurance. Even then, it is possible to file a lawsuit against a negligent driver when the insurance coverage limit is exceeded.