Which factors make pain and suffering claims valid?
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Which factors make pain and suffering claims valid?

| Nov 25, 2020 | Uncategorized

Car accident victims in Kentucky will likely know that they might have grounds to pursue claims for financial relief. If the negligence of another party caused their injuries, they could file a personal injury lawsuit in a civil court. Typical damages collectible include medical expenses, lost income and other economic damages.

Under certain circumstances, emotional damages like pain and suffering might constitute a valid claims to include for adjudication by the court. The jury will usually consider the following factors before awarding such damages.

  • Pain and suffering will only be considered if injuries are present, in which case their severity will be a factor.
  • Injuries that would cause constant pain or long-term debilitation will likely increase the chances of recovering such damages.
  • The level of suffering caused by the injuries is an important aspect, both in the immediate aftermath of the accident and potential long-term suffering.
  • Injuries that are merely annoying and bothersome are less likely to justify pain and suffering claims.
  • The injured person’s age will play a role in determining the amount of damages because long-term suffering for a young person would likely involve more years than what an older person would endure.
  • Pain and suffering typically include emotional damages like mental anguish; however, such distress must be linked to personal injury.

Juries do not have set guidelines to quantify pain and suffering and put a monetary value to it. The court orders the jury to use its best judgment. Crash victims should note that the damage caps instituted by states vary. However, in Kentucky, there is no cap on damages for pain and suffering.