What Is the Average Payout for Pain and Suffering in Kentucky?
Accidents in Kentucky can be devastating in more ways than one. They can inflict serious bodily injuries, with medical bills and lost wages that are overwhelming for a victim. They can also result in great physical pain, emotional suffering and psychological turmoil. The plaintiff in a personal injury lawsuit deserves to know how much his or her case is worth. This includes the average payout for pain and suffering in Kentucky.
How Much Is Pain and Suffering Worth?
The most important thing to know when it comes to a pain and suffering award is that each case is unique. Just as no two accident victims are exactly alike, compensation awarded for pain and suffering can vary considerably from person to person. While there are online estimates of “average” pain and suffering awards for around $78,000, this will most likely not be accurate for a specific case.
The truth is that personal injury settlements and judgment awards vary so significantly that there is no such thing as an accurate average payout. Some accident victims receive several thousand dollars for their pain and suffering damages while others are awarded multiple millions for catastrophic injuries.
The amount awarded to a plaintiff in pain and suffering, if any, will depend on factors that are unique to the case. Key factors include the type and extent of the injury, the victim’s prognosis for the future, the victim’s age and overall health, and how significantly the injury has impacted his or her life.
What Does Pain and Suffering Include?
Pain and suffering is an umbrella phrase in personal injury law that can refer to a wide variety of non-economic damages. Also known as general damages, these are the losses that do not have economic value but nonetheless impact the accident victim. They are the general losses that the average person would suffer in the same or similar circumstances. Pain and suffering can encompass:
- Physical pain, suffering or discomfort
- Chronic pain
- Stress or inconvenience
- Psychological distress
- Post-traumatic stress disorder
- Anxiety or depression
- Emotional injuries
- Mental anguish
- Diminished quality or enjoyment of life
- Loss of consortium
Since a personal injury case is meant to make an injured victim whole again, it is only right for the courts to offer financial compensation for intangible losses suffered due to an accident or injury. It is important for a plaintiff to fully understand pain and suffering damages, as well as create a full list of noneconomic losses to demand fair compensation from an insurance company.
How Do You Prove Pain and Suffering?
Unlike physical injuries such as broken bones, it can be difficult to show hard evidence of pain and suffering. These claims often rely upon evidence such as a mental health diagnosis from a psychiatrist or psychologist, accounts from people who are close to the victim, an injury journal written by the victim, and the opinions of experts on the subject. It can also help to have an attorney tell a compelling story that illustrates the plaintiff’s pain and suffering in detail to a jury.
How Long Will it Takes to Receive Pain and Suffering Damages?
Another common question asked by plaintiffs is how long it will take to recover financial compensation for pain and suffering. Unfortunately, there is no way to determine with any level of certainty the length of time necessary for a case to be resolved. Like the value of a financial award, timelines vary from case to case.
Factors that can affect the timeline of a personal injury case include how long it takes the victim to reach the point of maximum medical improvement, whether the case settles or goes to court, how long it takes an insurance company to offer a fair settlement, and the length of the investigation.
You may be able to expedite the process by hiring a personal injury lawyer at the start of your case to take care of difficult and complicated legal issues for you. An attorney can fight for maximum compensation for your pain and suffering, as well as ensure the most efficient and rewarding claims process possible.