States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

Most uncapped states got there through a court ruling. Kentucky got there through its constitution's own text, written in 1891.

Text, not interpretation

Many states that lack a damages cap arrived there through judicial interpretation — a court reading a jury-trial-right guarantee broadly enough to strike down a legislative cap, as happened in Kansas in 2019. Kentucky's protection is different: Section 54 of the 1891 Kentucky Constitution explicitly prohibits the General Assembly from limiting damages for injuries to person or property, or for injuries resulting in death — the ban is written directly into the constitutional text.

A meaningfully higher bar to change

Amending Section 54 requires a three-fifths vote in both the Kentucky House and Senate, followed by approval from a majority of voters in a statewide referendum — a considerably higher bar than passing an ordinary statute or winning a single court case.

Repeated attempts, no success yet

Bills proposing to amend Section 54 have been introduced in 2002, 2018, 2021, and 2022. None has successfully cleared the legislative supermajority requirement and reached Kentucky voters for a final decision.

One protection, two claim types

The constitutional text explicitly covers both injuries to person or property and injuries resulting in death — meaning the same protection against caps applies equally to ordinary personal injury and wrongful death claims in Kentucky.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm the current rule in any state with a licensed attorney there.