Pain and Suffering Damages in Kansas
Created by FindLaw's team of legal writers and editors | Last reviewed December 10, 2018
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Kansas really is the center of the universe – or at least the 48 contiguous United States. But if you are tired of having to be the center of the attention since you slipped and fell on a puddle of ice cream at the store, you may be entitled to more compensation than you think. The information below is intended to help you determine whether you might be entitled to pain and suffering damages in Kansas.
Economic damages are intended to compensate you for your out-of-pocket expenses, such as medication co-pays, doctor visits, and physical therapy. Noneconomic damages, such as pain and suffering damages are intended to compensate you for the non-monetary losses you suffered as part of your injury, whether your injury is the result of a car accident, a slip and fall, medical malpractice, or another incident. Kansas law permits recovery for noneconomic damages for:
- Pain and suffering
- Disfigurement, and any accompanying mental anguish
See the chart and accompanying explanations below for more details on pain and suffering damages in Kansas
Statute of Limitations
Kansas provides for very strict limits on noneconomic damages. Depending upon when your injury occurred the limit could be between $250,000 to $350,000. In wrongful death suits, the limit is $250,000 no matter when the death occurred.
51% Bar Rule and Other Bars to Recovery
If you were driving above the speed limit when you were T-boned in an intersection, you will be relieved to learn that the Kansas court system employs the 51% Bar Rule form of modified comparative negligence. This means that the court will determine the level of fault attributable to each party and you will be able to recover so long as you were less than 51% at fault. The court will merely reduce your damage award according to your level of fault.
If you are convicted of a DUI in connection with the car accident in which you were injured, refuse a test for alcohol or other drugs, or are driving without the minimum motor vehicle insurance required by Kansas law, you will be barred from recovering pain and suffering damages.
In an effort to limit liability, Kansas has state-imposed time limits, or "statutes of limitations" that dictate how long you can wait to file a lawsuit. The time limits differ depending upon what caused your injury. For instance, you must bring a lawsuit for injuries from a defective product within two years Kansas of the date you suffered the injury. Additionally, the injured party must rebut the presumption that the product's useful safe life expired once ten years have passed since delivery of the product.
If you were injured by Kansas public transportation, Kansas has a somewhat complicated time limit for filing a claim. While a lawsuit must begin within two years, any injured party who intends to file a lawsuit must file a statement with the secretary of the board as well as the office of the general attorney within one year of the injury. If you were injured in a car accident and Kansas public transportation was not involved, you have two years to file a claim.
Pain and Suffering is Hard to Prove: Get Help From an Attorney
Kansas law is more nuanced than most states, but Kansas's form of modified comparative fault exists to insure that even injured parties who are somewhat at fault for their own injures should be able to recover damages. Whether you were bit by an animal or woke up from surgery only to find out that the wrong organ was removed, a Kansas personal injury attorney can help with your claim.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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