Hurt in an accident in Kansas? You need financial compensation to pay your bills and support your family. This raises an important question: Does Kansas cap the amount of compensation that a victim can recover in a personal injury claim? The short answer is “no”—while there was a statutory cap for non-economic damages in place, that was struck down by the Kansas Supreme Court in 2019. Here, our Kansas City personal injury attorney provides an overview of the key things to know about statutory caps on personal injury damages in Kansas.
Old Law: Full Recovery for Economic Damages, Cap On Non-Economic Damages
Until recently, Kansas was one of several U.S. jurisdictions that had statutory limits on personal injury compensation. In fact, Kansas has some of the least favorable laws in the country for victims and their families. Economic damages—which cover quantifiable financial losses such as medical bills, lost wages, and rehabilitation costs—were fully recoverable without a cap. In contrast, non-economic damages, which include compensation for pain and suffering, emotional distress, and loss of enjoyment of life, were subject to a statutory cap. In 2019, the Kansas statutory cap for non-economic damages was $250,000.
Kansas Supreme Court Ruled Personal Injury Non-Economic Damages Cap Unconstitutional
In 2019, the Kansas Supreme Court ruled that the state’s statutory cap on non-economic damages was unconstitutional. In Hilburn v. Enerpipe, Ltd., the court examined the case of a truck accident victim whose damages for pain and suffering were set to be significantly reduced due to the statutory cap on non-economic damages. The court’s ruling found this cap to be unconstitutional. The crux of the Kansas Supreme Court’s decision rested on the principle that the cap infringed upon a plaintiff’s right to a jury trial.
A Personal Injury Lawyer Can Help You Seek the Full and Fair Compensation You Deserve
Through a personal injury claim, an injured victim in Kansas has the right to seek compensation for the full extent of their damages—including both economic costs and non-economic costs. Of course, in practice, getting a defendant or insurance company to cooperate can be hard. A top-tier Kansas City personal injury lawyer can help you seek economic relief for the maximum amount of your losses. You may be entitled to recover financial relief for:
- Property damage, such as vehicle repairs;
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earnings;
- Pain and suffering & mental anguish;
- Long-term disability/impairment; and
- Wrongful death of a family member.
Get Help From Our Kansas City Personal Injury Attorney Today
At House Law LLC, our Kansas personal injury lawyer fights hard to protect the rights of injured victims. If you or your loved one was hurt in an accident, please do not hesitate to contact us today. We represent injured victims in Kansas City and throughout the Kansas, including Johnson County, Douglas County, Miami County, Leavenworth County, and Wyandotte County.
Tags: brain injury, personal injury, traumatic brain injury
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