Pain and Suffering Damages in Kentucky
Created by FindLaw's team of legal writers and editors | Last reviewed December 10, 2018
Kentucky may play host to the fastest horses in the world, but your only memories are of that one horse that decided to buck you. Now instead of mint juleps and fancy hats, you have been stuck at home with morphine, fighting for your sanity. Whether your injury is the result of a car, a Clydesdale, or a slip and fall in a cave, you may be entitled to pain and suffering damages in Kentucky.
In general, economic damages are intended to "pay you back" for the monetary expenses you incur as a result of being injured. But what about your emotional distress, pain and suffering, or inconvenience? In Kentucky, you may recover noneconomic damages to compensate you for those damages which do not appear as line items in all those bills you keep getting in the mail. Noneconomic damages are available in many personal injury lawsuits, including:
- Slip and fall
- Construction defects
- Car accident
- Wrongful death
- Medical malpractice
- Animal bites
- Product liability
More information on pain and suffering damages in Kentucky is available in the table and accompanying explanations below.
Statute of Limitations
• One year for personal injury (K.R.S. § 413. 140(1)(a))
• One year for medical malpractice (K.R.S. § 413.245)
• Seven years from construction for personal injury from construction defect (K.R.S. § 413. 140(1)(a))
• Five years from date of sale of product or eight years from date of manufacture for product liability injury (K.R.S. § 411.310)
Limits on Damages
• No-Fault System requires damages to first exceed specific minimums. (K.R.S. § 304.39-060)
• No specific limits on pain and suffering damages
• No pain and suffering for worker's comp (K.R.S. § 341.3 80)
Pure Comparative Fault System (K.R.S. § 411.182)
Pure Comparative Negligence
Fortunate for injured people, Kentucky uses the pure comparative negligence system. Under this system, the court allocates a percentage of fault to each party involved in an accident. The benefit of pure comparative fault as opposed to modified comparative fault is that under Kentucky's system, even if you were 90% at fault for your injuries, you could still recover 10% of any damages the court awards you.
If you have been injured in Kentucky, there is no time to waste: Kentucky has some of the shortest deadlines for filing a claim. Kentucky's statutes of limitations require most lawsuits for personal injuries to be filed within one year of the incident which caused the injury. However, if you were injured by a construction defect—such as badly built stairs in your home—or by a product defect—such as a chair which fell apart when you sat down on it—you have longer to file. Take a look at the table above for exact time limits.
Other Bars to Recovery
In an effort to reduce litigation, Kentucky car accident compensation laws employ the 'no fault' system for car accident insurance claims. Injured parties must first exceed $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death before they can file a lawsuit against another person.
Have Specific Questions About Pain and Suffering Damages in Kentucky? Ask a Lawyer
Whether your neighbor's furry pal was not feeling friendly or your surgery went less than swimmingly, Kentucky laws make it possible to recover for your pain and suffering in many cases. But with short statutes of limitation and complicated minimum thresholds, it can be difficult for you to estimate the amount of pain and suffering damages you may be entitled to in Kentucky. Instead of taking on the system single-handedly, speak to an experienced personal injury attorney to learn more and have a knowledgeable advocate on your side.
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