431.082 Civil action by victim against defendant -- Damages -- Construction.

186 words·~1 min read·/ky/chapter-431/431-082

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In the event of the conviction of a defendant for the violation of any offense

proscribed by KRS Chapter 510 or 531 or any human trafficking offense proscribed

by KRS Chapter 529, the person who was the victim of the offense may bring an

action in damages against the defendant in the criminal case.

(2)If the plaintiff prevails, he or she shall be entitled to attorney's fees and all other

costs incurred in the bringing of the action, including but not limited to the services

of expert witnesses, testing and counseling, medical and psychological treatment,

and other expenses reasonably incurred as a result of the criminal act.

(3)Any award of nominal damages shall support an award of attorneys fees and costs

to the prevailing party.

(4)Punitive damages as well as compensatory damages shall be awardable in cases

brought under this section.

(5)The provisions of this section shall not be construed as repealing any provision of

KRS 431.080 or any other applicable statute or of any statutory or common law

right of action but shall be construed as ancillary and supplemental thereto.