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The Kansas Supreme Court has recently ruled that the cap on non-economic damages, such as pain and suffering, is unconstitutional. This means as of recently, there is no cap on the amount of pain and suffering damages one can receive. There was recently a cap.
Medical benefits covered in Kansas All PIP policies in Kansas are required to provide at least $4,500 of coverage, but you may be able to purchase more, depending on your insurer. Medical benefits coverage includes the following categories, among others: Surgery.
If the PIP benefits do not cover your entire medical expenses, you may be able to seek compensation from the insurance provider of the at-fault motorist. This is only permitted in Kansas if you can prove at least one of the following: You have been seriously injured, or. Your medical expenses exceed $2,000.
Kansas is a "no-fault" car insurance state, which means your own insurance policy will pay your medical bills and certain other losses if you're injured in a car accident, regardless of who caused the crash.
(a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every ...
As discussed in my earlier blog, the small claims limit for whiplash type injuries suffered in a road traffic accident was increased from £1,000 to £5,000 on 31st May 2021. On the 6th April 2022, the small claims limit for all other types of personal injury claims will increase from £1,000 to £1,500.
Amount Limits Kansas provides for very strict limits on noneconomic damages. Depending upon when your injury occurred the limit could be between $250,000 to $350,000. In wrongful death suits, the limit is $250,000 no matter when the death occurred.
The statute of limitations for filing a personal injury claim in Kansas is 2 years (see Kansas Statutes section 60-513), meaning residents have 2 years from the date of an accident to file a lawsuit.