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The Kansas Supreme Court has recently ruled that the cap on non-economic damages, such as pain and suffering, is unconstitutional. This means as of recently, there is no cap on the amount of pain and suffering damages one can receive. There was recently a cap.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
Negligence: personal injury claims for negligence (most car accidents, slip and fall injuries, premises liability claims, etc.) have a statute of limitations of two years from the date of injury.
The statute of limitations for filing a personal injury claim in Kansas is 2 years (see Kansas Statutes section 60-513), meaning residents have 2 years from the date of an accident to file a lawsuit.
The Supreme Court of Canada has imposed a maximum amount of damages recoverable for pain and suffering ($414,689 in 2022). The upper limit of this amount is reserved for the most serious injuries, such as quadriplegia, severe brain damage, and other catastrophic injuries.
If the PIP benefits do not cover your entire medical expenses, you may be able to seek compensation from the insurance provider of the at-fault motorist. This is only permitted in Kansas if you can prove at least one of the following: You have been seriously injured, or. Your medical expenses exceed $2,000.
In Kansas, noneconomic damages in wrongful death cases are limited, or "capped," at $250,000, but there is no cap on economic damages.