UPDATE: Caps on Damages in Kansas Personal Injury Law

As we have been posting recently, there is often no choice about filing your personal injury claim in Missouri or Kansas – but when a choice does exist, differences in the two states’ personal injury laws become important.

This article updates our recent post about “damage caps” that can apply in certain types of negligence actions in Missouri or Kansas.  As we discussed, personal injury claims involve (1) special damages, which are specific known dollar amounts, as well as (2) “non-economic” damages which are better known as “pain and suffering.”  While current Missouri law only places caps on damages related to pain and suffering damages in the context of medical malpractice claims resulting in wrongful death, Kansas places a cap on damages for pain and suffering claims in all negligence actions.

The update in personal injury law here is specific to Kansas.  In the 2014 session, the Kansas Legislature passed new laws that will gradually increase the amount of the “cap” imposed on pain and suffering damages.   The “cap” has been a maximum of $250,000 for about the past three decades, but effective for negligence cases accruing after July 1, 2014, that amount will begin to increase.  The following table summarizes the increasing amounts of the cap on damages:

Date Your Cause of

Action Accrues

Pain and Suffering Damages “Cap”

between July 1, 1988 and June 30, 2014

$250,000

between July 1, 2014 and June 30, 2018

$300,000

between July 1, 2018 and June 30, 2022

$325,000

on or after July 1, 2022

$350,000

We disagree that there should be any caps on damages that compensate the extreme pain and suffering injured people have endured due to the negligence of others.  But at least Kansas has finally increased its cap.

When you are injured, the trial lawyers at KNDK Law prepare your case based on its own unique facts and injuries.  When we evaluate the pain and suffering damages with you, we will individually assess your claim as to any state damage caps that exist, to try to maximize your potential recovery.  We look forward to having the opportunity to help you.


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