Some states have a legal ceiling on the compensation you can recover for non-economic damages after a crash. These damages include your pain and suffering, emotional distress or a lower quality of life due to the injuries.
Fortunately, there is no specific limit on the recoverable non-economic damages in Kansas. The law does not cap economic or non-economic damages. As such, you can seek full and fair compensation for your losses.
Your contribution to the accident matters
The law does not cap the compensation you can recover with a car accident claim. However, your role in the accident or degree of fault may come into play. For starters, you cannot file a car accident claim against the other party unless you are less than 49% at fault for the crash.
Additionally, your degree of fault will reduce your recoverable compensation. You only recover damages to the extent you were not at fault for the accident. This can limit your potential compensation.
Other practical limits
It is not unusual to encounter uninsured or under-insured negligent drivers. Kansas law requires all drivers to carry liability insurance but not everyone complies. In such instances, where you are involved in a crash with an uninsured driver, your options for recovering damages may be limited.
For instance, if your damages exceed the at-fault driver’s insurance policy limits, you may face challenges in recovering the full extent of your losses. You may have to rely on other sources to cover your damages.
Seeking legal guidance can help you present a strong claim and understand your options for maximizing your recoverable compensation. It can significantly help you cope with the aftermath of the crash and safeguard your rights.