When you pursue compensation after a car accident in Kentucky, you might seek compensation for your medical bills and lost wages. These are called economic damages.
However, you could also potentially recover non-economic damages, such as pain and suffering. Kentucky car accident victims often experience mental and emotional trauma, including post-traumatic stress disorder.
Feelings of anxiety, depression and fear are common after a car accident. You might be afraid of driving or riding in a car. This could make necessary activities, such as commuting to and from work, impossible. It could also rob you from participating in activities you previously enjoyed, such as road trips.
The elements of negligence
Kentucky law allows you to receive compensation for pain and suffering by proving negligence. This requires showing that the other driver breached their legal duty to drive reasonably and caused your accident and resulting damages.
Proving economic damages, such as medical expenses, is typically more straightforward. You can present evidence such as medical bills and receipts.
But proving pain and suffering is more challenging. There is no standard calculation for calculating non-economic damages.
Additionally, although you can testify on your own behalf, this is not likely to be enough. Recovering compensation for pain and suffering usually requires different forms of evidence. Here are examples of evidence that you can potentially use to support your pain and suffering claim.
Expert testimony
Expert testimony can be used to supplement your own testimony. You may testify about how your emotional distress caused you to need counseling but having your counselor testify themselves about your symptoms and treatment gives your testimony more credibility.
In addition to proving medical expenses, your medical records can help prove pain and suffering. Review your medical records for notes from your doctors about your symptoms, pain levels or mental health diagnoses or descriptions. Mental health records can also bolster your claim.
Photographs and videos of your injuries can be powerful visible evidence of your pain and suffering. Photos of you before or after surgery or using assistive devices, such as a wheelchair, can illustrate pain and suffering. If your injuries make it difficult for you to perform daily tasks, videos of your struggles show how your injuries continue to impact you.
Recovery journal
A recovery journal is often used as evidence when pursuing non-economic damages. Document how you feel each day, including your pain levels, emotions and sleep patterns. Write about activities you can and cannot do because of your injuries.
There is no specific amount a court can award for pain and suffering. Kentucky does not cap non-economic damages in personal injury cases, except in cases of medical malpractice.
Factors such as the severity of your injuries, the long-term impact and the credibility of testimony are considered when determining an amount. However, you should prepare for an uphill battle when arguing for non-economic damages.
Insurance companies often push back on non-economic damages and courts may be reluctant to award them because they are subjective. The other side might argue that you are faking or exaggerating your symptoms.
Preparation is key
Proving pain and suffering is about showing the invisible toll an accident has taken on your life. Building a case supported with expert testimony and documentation increases your chance of receiving compensation that reflects the true extent of your damages.