When someone else’s negligence causes you an injury in Kentucky, you may be able to file a personal injury claim to recover for your losses. These losses (known as “damages”) can be both economic and non-economic.
Although many people focus on big-ticket items like hospital bills or lost paychecks, out-of-pocket expenses also add up quickly. These are everyday costs you wouldn’t have if not for your injury. Read on to learn more about this type of compensation so that you can make the most of your claim.
What Are Out-of-Pocket Expenses?
Out-of-pocket expenses refer to the direct costs you must pay because of your accident or injury. They are not always as obvious as a big hospital bill or the money you lose if you can’t work, but they still matter.
Some people miss these small but steady costs when they make a claim. If you don’t include them, you may end up paying for them yourself. Of course, this isn’t fair if someone else’s actions (or inaction) caused you harm.
Examples of Out-of-Pocket Costs
Out-of-pocket expenses are one type of economic damages you can receive after an accident (along with things like medical bills and lost wages), in addition to your non-economic damages for things like pain and suffering.
Examples of out-of-pocket expenses include:
- Travel and parking fees: You might need to visit the doctor, therapist, or specialist many times. Gas, tolls, and parking fees can add up fast, especially if your treatment lasts months or years.
- Medical devices and supplies: This could include crutches, braces, special shoes, or bandages. If you need them only because you were hurt, they count as out-of-pocket expenses.
- Home alterations: Sometimes an injury makes it hard to move around your house. You might install a ramp, widen a doorway, or buy rails for the shower. These costs can be recovered if they’re tied to your accident.
- Childcare or pet care: If your injury stops you from watching your children or pets, you may have to pay someone else to help. That money also counts as part of your damages.
- Household help: An injury might mean you can’t clean, cook, or do lawn work the way you used to. Hiring someone to do these tasks can also be an out-of-pocket expense.
The general rule is: if you wouldn’t have this expense if you hadn’t been hurt, you can likely include it in your personal injury claim. Keep in mind that all these costs should be reasonable. If you choose an overly expensive service when a cheaper option is available, the insurance company or court might question it.
How Comparative Fault May Affect Your Compensation
Kentucky is a pure comparative fault state. This rule means you can still get money for your injuries even if you share some blame for the accident. However, your final payment will be reduced by the percentage of fault you carry.
For instance, if you’re found to be 20% at fault, you lose 20% of your compensation. This includes out-of-pocket costs, so if a court awards you $5,000 for them, you’d only get $4,000 if you’re 20% at fault.
Because Kentucky’s rule lets you recover even if you’re partly to blame, you must still prove exactly how much you’re owed for these smaller costs. Clear evidence showing they stem from your accident helps you avoid extra challenges from insurers or the courts.
Proving Your Out-of-Pocket Expenses
Strong documentation is key for a successful claim.
You should always:
- Save receipts and invoices: Each time you pay for something that’s tied to your injury—whether it’s a wrist brace or child care—keep proof of payment.
- Log your travel: Track your mileage or bus fare for all medical visits. Also note any parking or toll fees.
- Keep a diary: Write down each expense with a date, an amount, and the reason. This can help you remember details later.
- Gather estimates for future costs: If you still need therapy or other services for months, a professional might estimate how often and how much it will cost.
Collecting this evidence can seem like a lot of effort, but it protects you from insurance adjusters who might say your claims are untrue or inflated.
Contact a Lexington Personal Injury Attorney to Make Sure Your Out-of-Pocket Expenses Are Covered
Dealing with an accident can be overwhelming—between medical care, lost wages, and daily frustrations, it’s easy to overlook smaller out-of-pocket costs. But these expenses matter under Kentucky law. If you’re struggling to keep track of everything or if an insurer challenges your claim, consulting a skilled personal injury lawyer can make a big difference.
If you have questions about what costs to include or need help dealing with insurance companies, don’t wait, Ross Mann Personal Injury Lawyers is here to help you. Set up a free consultation or call us at (859) 413-3900 to learn about your legal rights and options.