This page looks at settlement compensation and jury payouts in personal injury lawsuits in Kansas. Our lawyers also review personal injury law in Kansas
If you are a personal injury victim bringing a compensation claim in Kansas, you want to know the law governing your claim. But the first thing you want to know is how much money you will get in a settlement or from a jury. We cannot tell you how much your personal injury case is worth. But we can help you better understand the possible range of settlement payouts for your claim. Why is this important? Because money compensation is what wrongful death or personal injury is really about. The civil justice system cannot make the accident go away. It can only compensate you monetarily for your loss.
Kansas Personal Injury Verdicts and Settlements
- 2024, Kansas: $1,700,000 Verdict. The plaintiff was riding his motorcycle through an intersection when he struck a “bollard” that had been erected by defendant City of Wichita in an attempt to close the road. The plaintiff suffered major injuries leaving him permanently partially disabled. The plaintiff asserted that the defendant was negligent in failing to warn of the road closure with adequate signage and/or police directing traffic, failing to close certain lanes of traffic, and failing to modify traffic signals while the bollards were in use.
- 2024, Kansas: $50,054 Verdict. The plaintiff was driving her vehicle in the left lane when the defendant allegedly turned into her lane and struck her. Liability was admitted but the case went to trial on damages because the defendant contested whether the alleged injuries were actually related to the accident.
- 2024, Kansas: $45,500 Settlement. The plaintiff was a passenger in the back seat of a vehicle when it was struck by the defendant while making a left turn without yielding. The plaintiff suffered injuries to his right arm, right shoulder, left arm, left ankle, cervical spine and both knees.
- 2023, Kansas: $600,000 Settlement. A heart transplant nurse was rear-ended while stopped at a red light by a man with a BAC of .117. The plaintiff suffered a deviated septum that was surgically repaired and a broken rib, as well as post-traumatic stress disorder for which she continues to receive treatment from a psychiatrist.
- 2021, Kansas: $146,416 Verdict. A woman was rear-ended. She suffered neck and back injuries. The woman alleged negligence against the at-fault driver. She claimed she tailgated her, excessively sped, and failed to maintain an appropriate lookout. The jury awarded her $146,416.
- 2021, Kansas: $119,211 Verdict. A woman was rear-ended. She suffered cervical trauma, a myofascial spinal injury, cervical inflammation, and a concussion. The woman developed hand paresthesia and post-concussion syndrome. The woman alleged negligence against the at-fault driver. She claimed she drove inattentively and tailgated her. The jury awarded $119,211.
- 2021, Kansas: $10,064 Verdict. A man was T-boned. He injured his neck, back, and hip. The man alleged negligence against the at-fault driver. He claimed she ran a stop sign and failed to maintain an appropriate lookout. The jury awarded $10,064.
- 2021, Kansas: $126,306 Verdict. A man was rear-ended. He suffered severe injuries. The man alleged negligence against the at-fault driver. He claimed she failed to maintain an appropriate lookout and timely brake. The man received a $126,306 verdict.
- 2020, Kansas: $87,463 Verdict. A woman was struck in a parking lot. She injured her neck and left shoulder. The woman alleged negligence against the at-fault driver. She claimed he drove inattentively and failed to control his vehicle. The woman also made a UIM claim against Allstate. She received an $87,463 verdict.
- 2019, Kansas: $300,000 Settlement. A 17-year-old boy was struck by a truck. He suffered thoracic fractures, a fractured left hip, a right pneumothorax, and a subdural hematoma. The boy’s parents alleged negligence against the truck driver. They claimed he failed to maintain an appropriate lookout and safely operate his vehicle. This case settled for $300,000.
Kansas Personal Injury Law
Below are some of the important Kansas personal injury laws that will help you better understand the legal framework for your injury or wrongful death claims.
Kansas Statute of Limitations
General 2-Year Statute of Limitations
In Kansas, the statute of limitations for all types of personal injury cases is two years. This means that a person must file a lawsuit within two years from the date of the injury or from the date the injury was discovered. If the lawsuit is not filed within this two-year period, the person may lose the right to pursue legal action. But don’t rely on what you read online and assuming that is the statute of limitations for your case. Your deadline to file a lawsuit or provide notice of an intention to file a lawsuit can vary depending on the specific circumstances of the case and the type of injury. Kan. Stat. Sec. 60-513.
The 2-year statute of limitations also applies to medical malpractice lawsuits, product liability claims, and wrongful death cases. However, in wrongful death cases, the 2-year period begins to run from the date of death.
Discovery Rule
The key question with any statute of limitations analysis is when does the SOL period begin to run. Like most states, Kansas follows the “discovery rule” for determining when the 2-year SOL period begins to run. Under this rule, the 2-year SOL begins when the plaintiff first knew or should have reasonably discovered that they had a potential claim. In simple cases, like car accidents, the date of discovery is the same as the date of the accident/injury. But in more complex cases, like medical malpractice, the date of the “injury” and the date of discovery can be very far apart.
Statute of Repose
Aside from the statute of limitations and the discovery rule, Kansas law imposes a maximum cap from the date of the injury on all injury cases. This is called a “statute of repose” and it acts as a maximum deadline for all tort claims regardless of when the injury occurred or when the plaintiff should have reasonably discovered that they had a claim.
In general personal injury cases the statute of repose in Kansas is 10 years. For medical malpractice cases, however, the statute of repose is just 4 years. The statute of repose operates independently of when you discover your injury. This means that once the statute of repose deadline passes—unless an exception applies—you lose the right to file a lawsuit, even if you were unaware of your injury before the deadline expired.
Kansas Sex Abuse Statute of Limitations
In April 2023, Governor Laura Kelly of Kansas has signed a bill into law that permits survivors of child sexual abuse to file civil lawsuits against their abusers and institutions that enabled the conduct until they are 31 years old or three years after a criminal conviction. The law also removes the statute of limitations for criminal prosecution of child sex offenders entirely. The new law provides a 13-year period after a survivor’s 18th birthday to file a civil lawsuit. Unlike laws in other states, like Maryland, that have passed a new sex abuse statute of limitation this year, there is no “limitations window” for victims whose statute of limitations has already passed to file lawsuits.
Kansas Auto Accident Law Is Traditional
Kansas is an at-fault state. So it follows classic negligence law. The person who caused the accident – or more likely the person’s insurance company – is responsible for paying any damages that result. In order to recover damages in a personal injury lawsuit in Kansas, the plaintiff must prove that the defendant was at fault for the accident.
Pain and Suffering Damages Cap in Kansas
In Kansas, there is maximum cap on certain types of damages that can be awarded in personal injury cases. The state has established a $350,000 cap on noneconomic damages (i.e., “pain and suffering” damages) in injury cases. This is one of the lowest caps in the country and it has a real chilling effect on the number of personal injury and malpractice lawsuits in Kansas. Because the maximum amount of compensation that can be awarded for pain and suffering, emotional distress, loss of enjoyment of life, and similar non-monetary losses is only $350,000. This cap applies to cases involving medical malpractice, but not to other types of personal injury cases. There are also no caps on economic damages, such as medical expenses and lost wages, in Kansas.
Kansas Sex Abuse Lawsuits
Under Kansas law, anyone who was the victim of sexual abuse or assault can file a civil lawsuit. Victims of abuse can not only file a Kansas sex abuse lawsuit against the individual who abuse or assaulted them, they can also sue third parties such as churches, schools or corporations that negligently failed to prevent the abuse. Victims who bring a successful sex abuse lawsuit in Kansas can get significant compensation for emotional damages caused by the abuse.
Lawsuits Against the State
Filing a lawsuit against the government differs significantly from suing a private individual or business. Special rules and procedures must often be followed, and even if you win your case, the compensation you can receive is likely to be capped. In Kansas, these rules are outlined in Kan. Stat. Chapter 12, Article 1 for claims against municipalities and Kan. Stat. Chapter 75, Article 61 for claims involving the state or municipalities.
Under Kansas law, all plaintiffs are required to send written notice of their claim to the state, state agency or local government. This notice must be sent a certain amount of time before a lawsuit can be filed.
Modified Comparative Fault in Kansas
Comparative negligence is a legal principle that apportions fault among multiple parties involved in an accident or injury. This concept is particularly relevant in personal injury cases, where the plaintiff and defendant’s actions may have contributed to the harm suffered. In Kansas, the doctrine of comparative negligence, or modified comparative negligence, is followed to determine the allocation of fault and the recovery of damages.
Kansas follows a “modified” comparative negligence rule, which means that a plaintiff can recover damages only if their degree of fault is less than 50%. If the plaintiff’s fault is found to be 50% or more, they are barred from recovering any damages. Furthermore, if the plaintiff’s negligence is less than 50%, their damages will be reduced in proportion to their degree of fault.
For example, if a plaintiff suffers $500,000 in damages and is found to be 20% at fault, their recovery will be reduced by 20%, leaving them with a $300,000 jury payout. But under the modified rule, that fault number has to be under 50%. So, if the plaintiff is found to be 50% or more at fault, they will not recover any damages.
Hiring a Personal Injury Lawyer in Kansas
Our firm handles serious injury and wrongful death lawsuits in Kansas. We are not in Kansas. We work with trust trusted colleagues in Kansas who work with us on your claim. We compensate our Ohio lawyers out of our attorneys’ fees. You pay no additional contingency fees for having two law firms instead of one. You only owe us a fee if you get settlement compensation or a jury payout.
If you were hurt and believe you have a potential civil tort claim, click here for a free no-obligation consultation or call us today at 800-553-8082.