POLICY

Kentucky needs a civil litigation system that works for everyone. Adopting smart and proven legislative reforms will promote fairness, balance and predictability for businesses and healthcare providers without infringing upon anyone’s constitutional rights. 

The proposed reform package will modernize Kentucky’s civil litigation system through several smart and meaningful measures that will make our legal system more efficient and more predictable. This will save our business and healthcare providers precious time and resources without limiting anyone’s access to the courts or their ability to recoup damages.

THIS REFORM LEGISLATION WILL:

  • Eliminate phantom damages by ensuring that damages reflect the actual cost of medical care, not hypothetical costs. This can help reduce insurance premiums and decrease healthcare costs. 

  • Ensure that if someone is >50% responsible for their own injuries, they bear responsibility for their actions.

  • Encourage both sides to resolve disputes before going to court, improving efficiency and cost savings.

  • Demand clear notice of claims to ensure stakeholders awareness.

  • Reduce the number of bad faith claims faced by businesses and caregivers.

  • Relieve providers from shouldering the full cost of producing medical records.

  • Ensure cases are decided on the facts, not on insurance coverage factors.

  • Reduce risk of prolonged liability for builders, driving investment in the state.

  • Create shared responsibility between property owners and utilities.

  • Encourage clearing trees from rights of way while eliminating unnecessary penalties for utilities.

This Reform Legislation Will NOT: 

Despite what you hear from the trial bar and others who profit by taking advantage of Kentucky’s severely unbalanced legal liability climate, these smart reforms WILL NOT: 

  • Take away any Kentuckian’s constitutional rights 

  • Limit or deny any Kentuckian’s access to the courts 

  • Cap monetary damages Kentuckians can be awarded  

  • Limit or deny fair compensation for someone who is harmed 

  • Require passage of a constitutional amendment

SUPPORT SENATE BILL 195 

Modernize Kentucky’s Outdated Civil Litigation System 

A Fair, Balanced and Predictable Civil Justice System Works for Everyone