Understanding Non-Economic Damages After a Collision
If you have been injured in a car accident, your recovery often involves much more than just medical treatment and vehicle repairs. The pain you feel, the stress on your life, and the disruption to your daily routines are all real losses. These types of damages, known as pain and suffering, fall under what the law calls “non-economic damages.” In Kansas, recovering compensation for pain and suffering is possible, but there are specific requirements and legal rules that must be met.
At Riedmiller, Andersen & Scott in Wichita, we help accident victims understand their rights and fight for the full compensation they deserve, including for the emotional and physical toll of their injuries.
What Is Pain and Suffering?
Pain and suffering refers to the physical discomfort and emotional distress you experience after an accident. It goes beyond medical bills and lost income. These damages may include:
- Chronic physical pain
- Anxiety, depression, or post-traumatic stress
- Loss of enjoyment of life
- Sleep disturbances
- Emotional distress caused by disfigurement or disability
Even though these effects do not come with receipts or bills, they can be just as damaging as financial losses—and in some cases, even more so.
Is Kansas a No-Fault State?
Kansas is one of the few states that uses a no-fault insurance system for car accidents. This means that after a crash, each driver first turns to their own insurance provider for basic coverage, regardless of who caused the accident. This is where Personal Injury Protection (PIP) comes in. PIP benefits are required by Kansas law and help cover medical bills, lost wages, and other direct costs related to an accident. However, PIP does not include compensation for pain and suffering. To recover those damages, you must meet specific conditions that allow you to step outside the no-fault system and file a claim against the at-fault driver.
When Can You Sue for Pain and Suffering in Kansas?
In Kansas, you can pursue a personal injury claim for pain and suffering only if your injury meets a certain legal threshold. This includes:
- Permanent disfigurement
- Fractures to weight-bearing bones
- Permanent loss of use of a body part or function
- Permanent disability
- Medical expenses exceeding $2,000, unless the injury meets one of the conditions above
If your case qualifies under any of these categories, you are allowed to file a claim against the responsible party for both economic and non-economic damages.
How Are Pain and Suffering Damages Calculated?
There is no precise formula for calculating pain and suffering in Kansas. Every case is different, and the value of these damages depends on many factors, including:
- The severity of your injuries
- The length and type of treatment required
- Whether your condition is permanent or long-term
- The emotional impact of the injury on your life and relationships
- Your age, occupation, and ability to return to normal activities
Insurance companies often attempt to minimize non-economic damages. They may argue that your symptoms are exaggerated or unrelated to the accident. That is why detailed medical records, treatment notes, and statements from family and doctors can be critical in proving your claim.
Are There Caps on Pain and Suffering in Kansas?
Yes. Kansas law places a cap on non-economic damages in personal injury cases, including those involving car accidents. As of 2022, the cap is $350,000. This limit may be adjusted by the legislature in future years, so it is important to speak with a car accident attorney to understand the current rules at the time of your claim. These caps do not apply to economic damages such as medical bills or lost wages. They are only relevant to the portion of your claim that addresses the personal impact of the injury.
Steps to Take After a Crash
If you believe your injury qualifies for a personal injury claim and want to pursue pain and suffering damages, it is important to take these steps early:
- Seek medical treatment and follow your provider’s advice
- Keep a journal of your pain levels, emotional stress, and daily struggles
- Document how your injury affects your ability to work, enjoy activities, or interact with loved ones
- Speak with a personal injury attorney as soon as possible
Taking early action gives your legal team time to gather evidence and prepare your claim while details are fresh and documentation is easily available.
Call Riedmiller, Andersen & Scott After a Wichita Car Accident
Kansas injury law is not always straightforward, especially when it comes to non-economic damages. Meeting the legal threshold, valuing pain and suffering, and building a persuasive case often require experience and legal knowledge. At Riedmiller, Andersen & Scott, we help accident victims throughout Wichita and the surrounding areas hold negligent drivers accountable. We understand how to present the full impact of your injuries and work with medical experts and other professionals to support your case.
If you were injured in a Kansas car crash and believe you may be entitled to compensation for pain and suffering, contact us. The attorneys at Riedmiller, Andersen & Scott are here to help you understand your rights and fight for what you are owed.
