Lost Wages in a Kentucky Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Kentucky, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
1 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in Kentucky
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Kentucky
Kentucky Injury Law
Kentucky is a choice no-fault state where drivers can elect whether to remain within the PIP no-fault system or opt out and retain full tort rights. Under the default no-fault system, PIP pays for medical expenses and lost wages; opting out allows suing for pain and suffering without a serious injury threshold. Kentucky has one of the shortest personal injury statutes of limitations in the country at just 1 year, requiring immediate action after any accident. Kentucky courts apply pure comparative fault, allowing recovery regardless of the plaintiff's degree of fault. Kentucky has no general cap on compensatory damages. Coal mining and horse racing generate distinctive personal injury and workers' compensation litigation in the state. Medical malpractice claims must comply with a certificate of merit requirement. Kentucky courts have robust dram shop liability, holding vendors responsible for over-serving intoxicated patrons who subsequently injure others.