Kansas Supreme Court Throws Out Personal Injury Damages Cap

By Associated Press, June 14, 2019

After Kansas legislature imposed the caps in the 1980s because it feared liability insurance was too costly, this week, the Kansas Supreme Court ruled that the state’s cap on damages for noneconomic injuries in personal injury lawsuits is unconstitutional.

The court ruled 4-2 that capping damages an injured person is able to recover in a lawsuit violates that person’s right to a jury trial. The decision does not apply to wrongful death cases or to punitive damages, which are rare in Kansas.

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