.082 Civil action by victim against defendant -- Damages -- Construction.
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431.082 Civil action by victim against defendant -- Damages -- Construction.
(1)
In the event of the conviction of a defendant for the violation of any offense
proscribed by KRS Chapter 510 or 531, 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 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.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 606, sec. 165, effective July 15, 1998.
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