Non-economic damages are real and recoverable in Kentucky. Learn what pain and suffering means, how it's valued, and why there's no cap here.
More than just medical bills
A serious injury costs you more than money. Physical pain, emotional distress, anxiety, loss of sleep, inability to enjoy hobbies and family life, and the disruption of your daily existence are all real harms. In Kentucky, these 'non-economic' damages — commonly called pain and suffering — are compensable.
How pain and suffering is valued
There is no precise formula. Factors include the severity and type of injury, the length and difficulty of recovery, whether the injury is permanent, how it affects your daily life and relationships, and the credibility of your testimony and that of those close to you. Documentation — a symptom journal, consistent medical records, and accounts from family — strengthens these claims.
No cap in Kentucky
Importantly, the Kentucky Constitution's protection of 'jural rights' has been read to prohibit caps on compensatory damages. That means a legitimate, serious claim for pain and suffering is not artificially limited the way it can be in some other states.
Don't undervalue your own experience
Insurers try to minimize pain and suffering because it's harder to put a number on than a medical bill. An experienced attorney knows how to present these damages persuasively so they aren't shortchanged.
Call 973-566-5599 for a free review of the full value of your claim.
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