Are There Caps for Personal Injury Damages?

We live in a dangerous world where the risk of injury is always present. In many instances, injuries occur through no fault of our own, but due to the negligent acts of others. We’re all vulnerable to the actions of careless drivers, inattentive physicians, incompetent product manufacturers and thoughtless property owners who fail to take appropriate safety precautions.

Fortunately, personal injury laws are in place that provide legal remedies for injured parties that are victims of negligent acts or wrongful conduct. These laws are designed to provide monetary damages to compensate injured parties. The three classes of monetary damages include:

Economic — Economic damages compensate the injured party for direct, specific costs such as medical bills and lost wages.

Non-economic — Non-economic damages are more subjective in nature. They are designed to compensate the victim for any “pain and suffering” or “loss of enjoyment of life” that may result from the injury.

Punitive — Punitive damages are designed to punish the negligent party for intentional wrongdoing or egregious misconduct. Punitive damages are usually intended to deter future misconduct and often represent the largest component of a damage award.

What Are Damage Caps?

Damage caps are laws that limit the amount of monetary damages in a personal injury case to prevent an excessive or unjust award. Damage caps only apply to non-economic and punitive damages. Each state sets its damage caps, which can vary widely. For example, New Hampshire has a cap of $875,000 for pain and suffering, compared to only $350,000 in Maryland.

What Are the Cap Amounts in Missouri and Kansas?

Like all states, neither Missouri nor Kansas caps the economic damages that are awarded in a personal injury case. Missouri also does not cap non-economic damages — except in cases of wrongful death resulting from medical malpractice, where there is a $350,000 limit.

Kansas has a more restrictive non-economic cap structure. For several decades, Kansas limited non-economic damages to $250,000 for all qualifying personal injury cases (vehicle accidents, defective products, slip-and-fall, wrongful death). The only exception was in cases of wrongful death resulting from medical practice, where the cap was $350,000.

However, in July 2014, the Kansas Legislature enacted updated laws that increase the cap in stages over a several-year period. The new cap amounts are $300,000 between July 1, 2014 and June 30, 2018; $325,000 between July 1, 2018 and June 30, 2022; and $350,000 on or after July 1, 2022.

Regarding punitive damages, Kansas limits the amount to the lesser of the defendant’s highest gross annual income level for the previous five years, unless the court deems the amount inadequate. In these situations, a jury can award up to 50 percent of the defendant’s net worth to the victim or $5 million. In Missouri, a 2014 Missouri Supreme Court ruling struck down the state’s punitive damage cap statute as it applies to common-law cause of action cases. The statute otherwise limits awards to the greater of $500,000 or five times the compensatory damages.

If you need expert assistance with a personal injury in Kansas or Missouri, Phalen Law Firm will schedule a free initial consultation with you.

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October 1, 2019