You’ve won your Wichita personal injury lawsuit. You’re excited to receive the check that will help pay off medical bills and get you back on your feet after months of lost wages. However, Kansas is one of many states has damages caps. These caps limit the amount of damages recovered under certain circumstances. So will it affect you?
Under Kansas statute K.S.A. 60-19a02, caps limit you from recovering more than a sum total of $250,000 for non-economic losses. For example, a car wreck caused facial disfigurement and the amputation of a leg. The $3 million verdict for pain and suffering and the loss of the enjoyment of life, is reduced to $250,000 because of damages caps.
Damages caps are put in place so that juries cannot award excessive amounts of damages. By reducing the amount of damages, healthcare professionals believe the costs of medical care are reduced. Damages caps apply to car accidents and truck accidents, medical malpractice claims, nursing home negligence cases and wrongful death claims.
The arguments in favor of caps having proven to be nothing more than absurd fantasy designed to serve no other purpose than to line insurance company pockets. States that do not have caps on pain and suffering do not have lower health care costs. In fact many of these states have better safety rules and fewer injuries. Because of caps insurance companies will force plaintiff’s to take their cases to trial because they have a cap on what they have to lose. They know what the worst case scenario will be. This allows insurance companies to low ball, delay and deny valid claims of people whose lives have been destroyed through no fault of their own. Because juries do not get to know about attorney fee’s, pain and suffering amounts help offset the total costs of a case because such amounts help pay for legal fee’s. In addition caps on pain and suffering harm the poor. A man who has lost his job due to an injury will have his losses capped at $250,000 plus his wage loss for the remainder of his life which may only be a few hundred thousand dollars. On the other hand Donald trump would have hundreds of millions of dollars in wage loss so. Laws that cap pain and suffering subsidize the insurance industry and benefit the wealthy while harming the poor.
At Ray Hodge & Associates, we believe in personal injury handled personally. At our office you see a lawyer from the very first meeting because we believe your case deserves an experienced personal injury attorney right from the start.
If you have had a Kansas car wreck injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.