Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Kentucky

Abstract

Personal injury and death cases are part of tort law. The focus of this paper is to discuss the method of calculating damages in these cases within the Commonwealth of Kentucky. Part II will examine the general principle of damages in Kentucky. This section will include the relevant law and jury instructions. Part III will focus on specific questions related to the calculation of economic damages that are normally undertaken by the forensic economist. Part IV will discuss a sample case designed to highlight many of the features of Kentucky law. Part V presents a list of “practical items” that should aid the forensic economist when testifying in the Commonwealth. The last section will then provide some concluding remarks. Throughout, important cases will be cited. In particular, Paducah Area Public Library v. Terry, 655 S.W.2d 19 (Ky. App. 1983) will be extensively discussed because it is perhaps the key case with regards to estimating economic damages in personal injury and death litigation.

Cite this paper

@inproceedings{Slesnick2005AssessingED, title={Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Kentucky}, author={Frank Slesnick and Cynthia Mulliken}, year={2005} }