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★ Kansas · head & brain

Head & brain settlements
in Kansas.

By 9 min read

Two Kansas malpractice cases involving brain injury were sent back for new trials. A man left permanently paralyzed by a stroke after air was injected into his heart during a catheterization won a partial retrial, and a family whose relative died of anoxic brain injury after aspirating on a breathing mask won a new trial over the jury instructions.

Facts that decide a head & brain claim in Kansas

Pain and suffering cap struck downK.S.A. 60-19a02 still lists caps rising to $350,000, but the Kansas Supreme Court held in 2019 that the cap violates the right to trial by jury in a personal injury case.Hilburn v. Enerpipe Ltd. (Kan. 2019)
Intervening cause instructionsInstructing a malpractice jury on intervening cause when the evidence does not support it is reversible error if it may have affected the verdict.Puckett v. Mt. Carmel Regional Medical Center (Kan. 2010)
Deadline to sueTwo years for “an action for injury to the rights of another, not arising on contract, and not herein enumerated,” which covers most injury claims.K.S.A. 60-513(a)(4)
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Kansas's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Kansas. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ KS · reported head & brain outcomes

What Kansas courts have awarded.

Real Kansas decisions and verdicts, each linked to the court record or official report.

  • Bereal v. Bajaj
    Kansas Court of Appeals · 2016
    Reversed in part; new trial

    During a heart catheterization, air was injected into Edward Bereal’s heart, causing an embolism and a stroke that left him permanently paralyzed. The doctor and hospital did not dispute the air injection but blamed a defect in the medical device. The Court of Appeals affirmed in part, reversed in part and remanded for a new trial.

  • Puckett v. Mt. Carmel Regional Medical Center
    Kansas Supreme Court · 2010
    Defense verdict vacated; new trial

    Ronald Puckett, placed on a BiPAP breathing mask, vomited and aspirated, went into cardiac arrest and never fully regained consciousness; he died in August 2002 of anoxic encephalopathy. The jury found for the defendants after being instructed on intervening cause. The Supreme Court agreed that instruction was error and not harmless and ordered a new trial.

★ KS · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Kansas.

  1. 1

    Defendants may blame a device maker. In Bereal the defense said the equipment was defective.

  2. 2

    Intervening cause instructions can be reversible error, as Puckett shows.

  3. 3

    After Hilburn, brain injury pain awards in personal injury cases are not capped by statute.

★ KS · statute of limitations
2 years from date of injury

Kan. Stat. Ann. § 60-513

★ KS · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ KS · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Kansas.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Kansas courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Kansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Kansas · you are hereModified comparative, 50% bar2 years from date of injury—
MichiganModified comparative, 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · head & brain →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain →
★ KS · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of KS
Kansas overview

Fault rule, statute, caps, and key facts for Kansas as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Kansas's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Kansas. See /methodology, /sources, and /disclaimer.