What are the damages caps and how do they work?

Kansas law imposes caps on three main types of damages. Importantly, if comparative fault is found, the plaintiff’s percentage of fault is applied to reduce the damages before the statutory cap is applied.

• Non-Economic Damages in Wrongful Death Cases:
A wrongful death claim is brought by the heirs of a deceased person to recover for their own losses. Non-economic damages — such as bereavement and loss of companionship — are capped at $250,000 per death, regardless of the number of heirs. The judge apportions the recovery among the heirs.

• Damages Against Municipalities:
In tort claims against municipalities, total damages are capped at $500,000 or the amount of insurance the municipality has purchased, whichever is greater.

• Punitive Damages:
Punitive damages are capped at the lesser of the defendant’s highest annual gross income for the five years before the misconduct or $5 million. If the defendant’s misconduct was especially profitable, the cap can instead be 1.5 times the amount of the profit.