A car crash can leave you with more than repair bills. You may deal with pain, missed work, sleep problems or changes to your daily routine. But in Kentucky, an injury does not automatically mean you can seek compensation for pain and suffering from the driver who caused the crash.
Kentucky law sets specific requirements for bringing a claim for these damages. Knowing how these rules apply can help you determine whether your injuries may qualify.
When can you seek pain and suffering damages?
Kentucky law places restrictions on when you may seek compensation for physical pain, emotional distress and other effects of a car accident. Under KRS 304.39-060, the qualifying medical expense benefits for your injury must be more than $1,000. The amount does not simply refer to $1,000 in medical bills. Free medical or surgical treatment may also count when its value meets the required amount.
You may meet the requirement if your injury results in one of the following:
- Permanent disfigurement
- A broken bone
- Loss of a body part
- A permanent injury that doctors can reasonably expect to continue
- Permanent loss of bodily function
- Death
The threshold generally applies unless you rejected Kentucky’s no-fault tort limitations in writing before the crash.
What can show the impact of your injuries?
Pain and suffering can involve effects that do not appear on a medical bill. For example, you may have trouble sleeping because of back pain or find it difficult to return to activities you enjoyed before the crash.
Keeping medical records, treatment notes and other documentation can help show how your injury affects your daily life. Legal assistance can also help you review medical records and accident evidence to determine whether your injuries meet Kentucky’s requirements.
A deadline may also affect your claim. Kentucky generally gives two years for a tort action that remains available under the Motor Vehicle Reparations Act, although the specific deadline can depend on when the injury occurred and when no-fault benefits were last paid.
Your injuries matter
A vehicle crash can affect much more than your vehicle. If your injuries meet Kentucky’s legal requirements, pain and suffering may form part of your claim. Your injuries, treatment and recovery can all affect whether you can pursue these damages.