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★ Kansas · whiplash

Whiplash settlements
in Kansas.

By 9 min read

Kansas changed the value of injury claims in 2019, when its Supreme Court held the cap on pain and suffering violates the right to a jury. The case began with a semi truck rear ending the car Diana Hilburn was riding in. An earlier ruling let a woman rear ended at a train crossing seek punitive damages against a driver who had used marijuana and cocaine.

Facts that decide a whiplash 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)
Fault ruleYour negligence does not bar recovery “if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made,” but the award is reduced by your share.K.S.A. 60-258a(a)
Seat belt useNot admissible for comparative negligence or to reduce damages.K.S.A. 8-2504(c); see our seat belt table
★ band · US federal frame
$10,000 to $40,000
Whiplash / soft tissue (1 to 2 years)
Insurance settlement data plus VerdictSearch tabulations

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

united states · sister site
Your whiplash 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 whiplash case in about two minutes, no cost and no obligation.

Check my case
★ KS · reported whiplash outcomes

What Kansas courts have awarded.

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

  • Hilburn v. Enerpipe Ltd.
    Kansas Supreme Court · 2019
    $335,000 verdict restored in full

    In November 2010 a semi truck rear ended the car Diana Hilburn was riding in, and the owner admitted its driver’s negligence. The jury awarded $335,000: $33,490.86 for medical expenses and $301,509.14 for noneconomic loss. The trial court reduced the judgment to $283,490.86 under the $250,000 cap. The Supreme Court held the cap violated her right to trial by jury and ordered judgment on the full award.

  • Adamson v. Bicknell
    Kansas Supreme Court · 2012
    Punitive damages claim allowed

    Kody Bicknell rear ended Tammy Adamson at a train crossing, pushing her car into the vehicle ahead. She went to the hospital that evening with a stiff neck, shoulder and back and later had several surgeries. Bicknell tested positive for marijuana and cocaine, admitted smoking marijuana about four hours earlier and acknowledged the drugs contributed to the crash. The Supreme Court agreed she could pursue punitive damages.

★ KS · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Kansas.

  1. 1

    After Hilburn, the jury’s pain and suffering figure stands in Kansas injury cases.

  2. 2

    Drugged or drunk driving can support punitive damages, as Adamson shows.

  3. 3

    Two years is short; file before the deadline even while treatment continues.

★ 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 whiplash settlement in Kansas.

★ whiplash severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 to $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)$10,000 to $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · 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 whiplash claims.

JurisdictionFault ruleLimitationWhiplash page
Kansas · you are hereModified comparative, 50% bar2 years from date of injury—
MichiganModified comparative, 51% bar3 years from date of injuryMI · whiplash →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · whiplash →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · whiplash →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · whiplash →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · whiplash →
OhioModified comparative, 51% bar2 years from date of injuryOH · whiplash →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · whiplash →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · whiplash →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · whiplash →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · whiplash →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · whiplash →
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 · whiplash →
★ KS · whiplash · 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
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.