Legal Question in Personal Injury in Kentucky

Re: Case against State of Kentucky??

Your options are extremely limited under KRS (Ky. Revised Statute) 44.070.

The relevant language from the statute is set out below (CAPS used for EMPHASIS):

44.070 Board of Claims -- Limitation on damage awards -- Hearing officers --

Asbestos related claims.

(1) A Board of Claims, composed of the members of the Crime Victims Compensation

Board as hereinafter provided, is created and vested with full power and authority to

investigate, hear proof, and to compensate persons for damages sustained to either

person or property as a proximate result of negligence on the part of the

Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its

officers, agents, or employees while acting within the scope of their employment by

the Commonwealth or any of its cabinets, departments, bureaus, or agencies;

provided, however, regardless of any provision of law to the contrary, the

Commonwealth, its cabinets, departments, bureaus, and agencies, and its officers,

agents, and employees, while acting within the scope of their employment by the

Commonwealth or any of its cabinets, departments, bureaus, or agencies, SHALL NOT

BE LIABLE for collateral or dependent claims which are dependent on loss to another

and not the claimant, DAMAGES FOR MENTAL DISTRESS OR PAIN OR SUFFERING, and

compensation shall not be allowed, awarded, or paid for said claims for damages.

Furthermore, any damage claim awarded shall be reduced by the amount of

payments received or right to receive payment from workers' compensation

insurance, social security programs, unemployment insurance programs, medical,

disability or life insurance programs, or other federal or state or private program

designed to supplement income or pay claimant's expenses or damages incurred.