What “Pain And Suffering” Means In A Kentucky Personal Injury Claim
When accidental injuries in Kentucky happen due to vehicle crashes, falls, or other mishaps, you may be entitled to compensation. This includes payment for “pain and suffering”.
These are non-economic damages, subjective and non-monetary, and can constitute a significant portion of compensation in an injury claim. Our experienced Madisonville personal injury lawyer explains how they reflect the real impact an injury has on your life and the tactics insurers use to downplay payment amounts.
Compensation For Pain and Suffering In Kentucky Personal Injury Claims
Personal injuries happen due to behavior that is reckless and negligent on the part of others. Under the Kentucky Statutes, you have the right to seek compensation for your losses. In addition to payment for medical care, lost income, and any property damages, this includes your pain and suffering.
Otherwise known as “non-economic damages”, these are intangible losses due to your accident and injuries. In a Kentucky personal injury claim, pain and suffering may include:
- Physical pain and any ongoing discomfort or flare-ups.
- Loss of mobility or function, even if it is temporary.
- Your emotional distress, including general anxiety and nightmares, sleep disturbances, and other trauma symptoms.
- Loss of enjoyment of life, due to your inability to engage in hobbies and disruption to daily routines.
- Permanent limitations and any scarring or disfiguration that affect your confidence, independence, and ability to interact with others.
- The strain the accident and your injuries put on relationships.
The above impacts are real, and you deserve compensation for them, even though they do not come with a receipt or invoice.
How Insurance Companies Try To Downplay Pain and Suffering
Compensation for pain and suffering is available in a Kentucky personal injury claim, but not on its own. You must prove you suffered tangible economic losses before non-economic damages are awarded.
However, even when compensation for pain and suffering is justified, you can expect insurers to overlook or minimize payment for it. Tactics they often use to downplay pain and suffering include:
- Claiming you were at fault for the accident.
- Disputing the severity of your injuries.
- Downplaying the impact they have on your life.
- Questioning your activities and any lapses in medical care.
If the insurer refuses to compensate you for pain and suffering, you may be entitled to file a personal injury lawsuit through the Kentucky Circuit Court.
Request a Consultation Today With Our Experienced Madisonville Personal Injury Lawyer
Personal injuries in Kentucky can have lasting impacts on your life. You have the right to seek compensation for your pain and suffering. Don’t let insurers pressure you into settling for less.
At Whitfield Crosby & Flynn, we protect victims and their families, helping them get the maximum amount they are entitled to in a claim. Whether it involves negotiating with insurers or taking your case to court, you can count on our Madisonville personal injury lawyer to provide the trusted, experienced, and highly effective legal representation you need.
We have offices in Madisonville, Kentucky, Chattanooga, Tennessee, and Indianapolis, Indiana. Contact us today and request a consultation.
Sources:
apps.legislature.ky.gov/KYConstitution/58_54.pdf
kycourts.gov/Courts/Circuit-Court/Pages/default.aspx
