Kentucky Pain & Suffering Calculator

Kentucky's Constitution itself forbids a cap on pain and suffering. And unlike most states, there's no fault bar at all — you can recover even if you were more than half at fault. But the deadline to file is unusually short.

Cited to Kentucky statutes & the state constitution FigureMyTax Editorial Team Free · no sign-up

Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

$
Estimated pain & suffering
—

Protected by the constitution, not just case law

Section 54 of the 1891 Kentucky Constitution explicitly prohibits the General Assembly from limiting the amount recoverable for injuries to person or property, or for injuries resulting in death. This isn't just a judicial interpretation that could shift with a new court — it's constitutional text, and changing it requires a three-fifths vote in both legislative chambers plus a statewide voter referendum. Attempts in 2002, 2018, 2021, and 2022 have all failed to clear that bar.

On fault, Kentucky follows pure comparative negligence under KRS 411.182, established in Hilen v. Hays. Unlike the modified systems most states use, there's no cutoff — you can recover even if you were more than 50% at fault, with your award simply reduced by your own fault percentage.

Injured in Kentucky?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Kentucky attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Kentucky statutes and constitution. Confirm how these rules apply to your specific case with a licensed Kentucky attorney.