Brad Pistotnik Law
Abogado El Toro

Does Kansas have caps or limits on pain and suffering, mental anguish, disability, loss of time and loss of enjoyment of life commonly known as caps on noneconomic damages?

Does Kansas have caps or limits on pain and suffering, mental anguish, disability, loss of time and loss of enjoyment of life commonly known as caps on noneconomic damages?

Importantly, you need to understand that the longstanding caps on noneconomic damages in Kansas were lifted and ruled unconstitutional by the Kansas Supreme Court in the case of Hilburn v. Enerpipe, Opinion No. 112765 (Kansas Supreme Court, June 14, 2019). This decision means that the claims for pain and suffering, mental anguish, disability, loss of time, loss of enjoyment of life and all noneconomic losses are no longer capped. The noneconomic losses of this category are now unlimited.

Section 5 of the Kansas Constitution Bill of Rights declares, "The right of trial by jury shall be inviolate." The quid pro quo test that has been applied to analyze challenges under section 18 of the Kansas Constitution Bill of Rights is inapplicable to challenges under section 5. The noneconomic damages cap under K.S.A. 60-19a02 violates the right protected by section 5, because it intrudes upon the jury's determination of the compensation owed personal injury plaintiffs to redress their injuries.

The Kansas Supreme Court said Section 5 preserves the jury trial right as it historically existed at common law when our state's constitution came into existence. This groundbreaking ruling will not affect personal injury cases where claims are brought for the intangible losses like pain and suffering, mental anguish, disability, loss of time, loss of enjoyment of life and other categories of noneconomic losses.

The Kansas Supreme Court issued this groundbreaking law on June 14, 2019 sending a thunder of applause from all of the personal injury attorneys who help injured people. Many badly injured people have been awarded a fair amount of noneconomic losses for pain and suffering and disability, disfigurement and permanent scarring only to have some Judge immediately make an order that the amount exceeds the cap amount and strike all of the damages awarded by the jury. That will not happen now. If the jury awards $500,000.00 or $1,000,000.00 for noneconomic damages and enough insurance exists you will be able to get the full verdict without reduction due to caps. This means that Kansas can finally catch up with all of the fundamentally fair states where caps have never been put in place by their legislature or were stricken down by their appellate courts due to violating constitutional rights.

The five lawyers at Brad Pistotnik Law, P.A. are also now known as The Bull Attorneys. ® Our personal injury firm helps people get compensated for pain and suffering, disability, mental anguish and all noneconomic losses. We have Brad Pistotnik, Tony Atterbury, Jay Sizemore, Bill Barr and Corey Sucher. The Bull Attorneys answer the calls 24/7 and give free legal consultations on weekends, at night, on holidays and during every day of the week. You can reach Brad on his cell at 316-706-5020 and you can reach Tony Atterbury on his cell at 316-617-9237. Our main line is 800-241-BRAD or you can reach us at 1-620-THE-BULL or 316-684-4400. We help injured victims who have been in car wrecks, semi accidents, tractor-trailer accidents, motorcycle accidents and wrecks, motor scooter wrecks and with all commercial motor vehicle accidents as well as fleet vehicle accidents. We handle any injury or accident that causes human pain and suffering or wrongful death. Let us be the lawyer, attorney or abogado for you and your family to help restore your life. Our main office is at 10111 E. 21st Street North, Suite 204, Wichita, Kansas 67206. Our Garden City Office is located at 3102 E Kansas Ave #100, Garden City, KS 67846.

Now that the law is fair, we can strive to get a better financial recovery for the injured people of Kansas. We also work in Illinois, Texas, Nebraska, Oklahoma, Missouri and in other states.