Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?
Involved in a slip and fall case where damages including pain and suffering are estimated around 425,000 with two surgeries and severe head injuries. What should I expect to limit punitive damages? The insurance maximums or any other factors?
A: Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs to be proven, and if, somehow, the jury found the fall was 50% your fault and 50% the owner of the property, then there would be $0 recovery - so be very careful to get good legal help in the process.
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