Kansas Supreme Court Rules Against Personal Injury Damage Caps


In a groundbreaking decision, the Kansas Supreme Court ruled that it was unconstitutional for the legislature to place caps on non-economic damages, also known as “pain and suffering” damages. Although there is currently a damage cap allowed under Kan. Stat. Ann. 60-19a02, the Court found in Hilburn v. Enerpipe Ltd. that using this statute impeded on the jury’s ability to award compensation.

At DiPasquale Moore, we join the Kansas Trial Lawyers Association (KTLA) in wholeheartedly supporting this decision, which protects Kansas citizens’ rights to a trial by a jury of their peers. By allowing juries to make their own decisions on pain and suffering damages, the Supreme Court has affirmed that all Kansans have the right to seek appropriate compensation.

Hilburn v. Enerpipe Ltd.

In this case, plaintiff Diana K. Hilburn sought to appeal a previous decision, where the district court cited section 60-19a02 of the Kansas Statutes to reduce Ms. Hilburn’s jury award. Instead of receiving the full $335,000 to cover her severe truck accident injuries, Ms. Hilburn was only able to recover $283,490.86 for her medical expenses and other needs.

Truck accident cases can leave victims with disfiguring scars, psychological trauma, and major disabilities, which means every cent can make the difference between a decent quality of life and a lifetime of suffering. The Kansas Supreme Court recognized this fact when Ms. Hilburn appealed her case, and they effectively reversed the district court’s decision to reduce her compensation.

Committed to Seeking Justice

When you’ve been injured because of another person’s negligence, you deserve to seek the maximum compensation allowable under the law. An impartial jury is often best equipped to resolve such disputes fairly, and assess the amount of damages required after a tragic accident.

At DiPasquale Moore, we can serve as seasoned legal advocates for your personal injury case. Dedicated to our clients, our Topeka-based injury team can help Kansas residents reclaim their lives and seek fair compensation in court.

Call (816) 888-7500 today to schedule a free consultation!


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