How much can be awarded for personal injury?

In Kansas, the jury decides the verdict after hearing all the evidence. This is a time honored tradition that dates all the way back to the early common law in England, where we get much of our basic law. The right to a jury trial goes all the way back the the Magna Carta and before. Following this tradition, you will find the right to a jury trial not only in the U.S. Constitution but also in our Kansas Constitution.

Recently it has become popular to put limits on the right. Sometimes these limits will be by agreement, such as an agreement as to how many people might be on the jury. In 1988 the legislature imposed restrictions or “caps” on what can be recovered for particular types of damages,  Here’s the current statute limiting for non-economic loss to $325,000.00. This “cap” statute was declared unconstitutional by the Kansas Supreme Court on June 14, 2019 as a violation of the right to trial by jury.

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