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Can I Be Compensated for my Pain and Suffering After an Accident?

You are probably aware that you can be compensated for medical bills, lost wages and property damage from an personal injury claim. Those are all things that you can put a value on. But what about noneconomic damages—things that you can’t easily place a dollar amount on?

You can receive compensation for pain and suffering. The amount you receive will vary dramatically based on the damages you incurred and the severity of your injuries. The monetary range of pain and suffering compensation can be very wide.

Compensation for Pain and Suffering

Kentucky Negligence Laws

Under Statute 411.182, Kentucky is a pure comparative negligence state, which means that you can still recover compensation even if you were partially at fault. However, your compensation is reduced by your percentage of fault. For example if you were awarded $100,000, but were 50 percent at fault, your reduced award amount would be $50,000.

This is if your case goes to trial. If you were at fault for the accident and file a claim with your insurance company, you will likely get nothing for pain and suffering. Your insurance company may pay for your medical expenses and lost income, but not much more.

Determining Compensation for Pain and Suffering

Pain and suffering is defined as mental anguish, inconvenience, discomfort and other psychological effects of an accident. Pain and suffering can be difficult to value, but evidence of your mental and physical health—such as photos of injuries and regular journal entries—can help determine the value of your emotional distress.

Your lawyer may calculate your economic damages and multiply it by a certain number to determine how much money you should receive for pain and suffering. This will give you an estimate.

The more severe your injuries, the more money you will receive. Permanent injuries, scarring, paralysis and head trauma can command much more money than smaller injuries that will heal quickly.

Before settling on an amount, talk with your doctor and get an idea of future medical bills. Will you need additional surgeries or physical therapy? Could you experience complications? Have your doctor create detailed reports so you can present this to the insurance company or court as evidence.

If your insurance company offers a settlement, talk with your lawyer first before agreeing to anything. You may be able to negotiate a higher amount, especially if the insurance company wants to avoid going to court.

Involved in an Accident in Kentucky?

Any type of accident—including a car accident, slip and fall, workplace injury or dog bite—may involve serious injuries, some which may very painful. You could live in pain for weeks, months or even years. This could limit your mobility and affect your quality of life. It’s important to properly assess your emotional damages to so you can obtain the highest amount of financial compensation possible.

The attorneys at Harville Law Offices, PLLC can value your case and help you recover compensation for your damages. If you have questions about your rights and would like to discuss your options, contact our Louisville office at (502) 245-2333 or contact us online to schedule a free consultation.