Kansas non-economic damages after Miller v. Johnson
What is the impact of Miller v. Johnson on Kansas personal injury lawsuits?
The Kansas Supreme Court's ruling in Miller v. Johnson means that Kansas personal injury attorneys and their clients are still forced to accept the arbitrary and unfair $250,000 non-economic damages cap imposed by the legislature. Simply put - Kansas personal injury victims can still not make a full recovery in their cases.
What are non-economic damages in Kansas negligence lawsuits?
Non-economic damages are generally damages awarded for scarring, disfigurement, pain, suffering, inconveinence, etc.
"Noneconomic losses include claims for pain and suffering, mental anguish, injury and disfigurement not affecting earning capacity, and losses which cannot be easily expressed in dollars and cents." Samsel II, 246 Kan. 336, Syl. ¶ 6