Kansas High Court Says The State Can't Limit Lawsuit Payouts For Pain And Suffering

A Kansas law that caps jury awards for noneconomic damages — things like pain and suffering — violates the right to a trial by jury, the Kansas Supreme Court ruled on Friday.

“This is huge,” said attorney Thomas M. Warner Jr., who represented Diana K. Hilburn, the plaintiff in the case. “We’ve had these caps on the books since 1986 in Kansas. Basically, the politicians decided that they would be in a better position to determine the amount of damages for noneconomic damages than juries. And so this decision allows juries to make that decision again.”

Kansas is one of many states that have limited noneconomic damages, particularly in medical malpractice cases, out of concern that runaway jury awards cause skyrocketing insurance premiums and hurts the economy.

The cap has been revised upward over the years and now stands at $325,000. It was scheduled to increase to $350,000 in 2022.

Read more: https://www.kcur.org/post/kansas-high-court-says-state-can-t-limit-lawsuit-payouts-pain-and-suffering#stream/0