Damages available in Kansas personal injury cases
Kansas personal injury damages recoverable by our Johnson County law firm's serious injury lawyers
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TYPES OF DAMAGES THAT OUR LAW OFFICE'S TRIAL ATTORNEYS MAY RECOVER IN KANSAS PERSONAL INJURY CASES
When determining the amount of damages owed to the plaintiff A Kansas jury must consider plaintiff’s age and condition of health before and after the occurrence which led to the personal injuries. Also, a jury must consider the nature, extent and duration of the plaintiff’s injuries. There is no unit value and no mathematical formula a Kansas District Court can give a jury for determining items such as pain, suffering, disability, and mental anguish. You must establish an amount that will fairly and adequately compensate the plaintiff. This amount rests within your sound discretion. A Kansas jury must itemize the amounts of damages awarded in this case on the verdict form that is given to them by the judge before they begin deliberations. (see Pattern Instruction for Kansas 171.02)
Economic damages include the cost of medical care, past and future, and related benefits, i.e. lost wages, loss of earning capacity and other losses. noneconomic losses include claims for pain and suffering, mental anguidsh, injury, disfigurement not affecting earning capacity, and losses which cannot be easily expressed in dollars and cents. McKissick v. Frye, 255 Kan. 566, 588, 876 P.2d 1371 (1994).
TYPES OF DAMAGES:
Punitive Damages in Missouri personal injury cases
In a negligence action, punitive damages may be awarded if defendant knew or had reason to know a high degree of probability existed that the action would result in injury. Letz v. Turbomeca Engine Corp., 975 S.W.2d 155 (Mo.App.W.D.1997).