On June 14, 2019, the Kansas Supreme Court struck down Kansas' cap on damages for noneconomic damages in personal injury lawsuits on the basis that the cap was unconstitutional. In Kansans, the legislature imposed a limit on the amount noneconomic money damages a jury can award a plaintiff in personal injury cases. Kansas' overturning this cap is hopefully just the first domino toppling over, and soon to be followed by other states seeking to return power to the hands of the people.
The Kansas Supreme Court has held that the state's law regarding caps on certain damages for injuries in personal injury lawsuits is unconstitutional. Specifically, the court determined that caps on noneconomic damages should be removed. A majority of the justices ruled that the limits set by the Kansas legislature on nonecominc damages violate the Kansas constitutional right to a jury trial.
You may have heard the term "statute of limitations," but you may not understand what it means. It is important for everyone, not just lawyers, to have a basic understanding of statutes of limitations, because they can have a profound effect on your rights.
Most people will go through their whole lives without being sued. Sometimes it happens, however, and the experience can be stressful and frightening. They probably didn't teach you in school what to do if you or your business are sued, and it can be easy to panic when you've been served with a lawsuit seeking a large amount of money in damages. However, remembering a few simple things can help save you a lot of heartache:
After a serious personal injury, the last thing on anyone's mind is social media. However, social media can play a large role in a personal injury claim. A picture is worth a thousand words, especially on a personal injury claim, because it can give a snapshot into someone's life.
Part 1 in a series of blog posts about the mechanics of a personal injury case.
San Francisco 49ers running back Reggie Bush says he is "still strongly considering" a lawsuit against the city of St. Louis over a knee injury suffered during a November 1 game against the St. Louis Rams at the Edward Jones Dome. Bush suffered a season-ending torn meniscus when he slipped on a large patch of concrete near the stadium wall after running out of bounds in a play at the Edward Jones Dome in St. Louis. The case highlights a number of issues in personal injury law, including premises liability, sovereign immunity, and assumption of the risk. The city of St. Louis's Sports Authority and Convention Bureau operates the Edward Jones Dome.
When a person considers filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, it is reasonable to ask "What is my case really worth?" The answer comes down to "damages" and figuring out what your injuries have cost you monetarily, physically, and mentally.
Dexter Culclager, the widower of Yakel Culclager, brought a lawsuit against the driver of a Peterbilt truck and several other companies involved in the death of his wife and step-children. Mr. Culclager filed a $10 million personal injury and wrongful death lawsuit. Along with the truck driver, Judson Humphries, Mr. Culclager sued General Motors, Hobit Express, Sunteck Transport Group, Sunteck Transport Co., and the service shop that checked Mrs. Culclager's 2007 Chevrolet Tahoe prior to the incident.
Countless personal injury cases are brought to lawyers every year, but many are turned down. Whether or not a case is accepted is defined on 6 points, according to John Day, a personal injury attorney from Nashville, TN.