How Much is Your Claim Worth?
How Much is Your Claim Worth?
See average payouts for Kansas vehicle accidents, from minor to severe. Find real car accident cases similar to yours.
On average, each year nearly 1,300 people are seriously injured and 322 people are killed in Kansas vehicle accidents.¹ The top driver-related causes of Kansas traffic accidents are drivers who aren’t paying attention, and drivers who fail to yield the right of way.²
The average car accident settlement for a moderate injury claim in Kansas is $28,419. Average payouts range from $6,719 for minor injuries to $1,092,112 for severe injuries.
We reviewed a collection of actual car accident injury cases filed in Kansas courts. Victims’ injuries ranged in severity from minor soft tissue injuries to permanent brain damage.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $6,719 |
| Moderate Injury | $28,419 |
| Severe Injury | $1,092,112 |
Payout Range by Type of Accident |
|
| Rear-End Collisions | $1,114 – $491,000 |
| Side-Impact Collisions | $1,270 – $318,750 |
| Head-On Collisions | $134,905 – $1,517,300* |
* Includes a permanent brain injury
Our group of cases includes a devastating head-on collision with a $1.8 million payout for severe injuries. Most car accident victims can expect to settle their injury claim in the moderate range.
You can estimate the settlement value of a minor to moderate injury claim by adding up the economic damages like lost wages and medical bills, then adding one to three times that amount to cover non-economic damages, like pain and suffering.
Complicated or severe injury cases should be handled by an experienced personal injury attorney for the best outcome. An attorney will gather expert opinions to support a high compensation demand that includes current and projected medical costs, loss of future income, and a higher amount to compensate for the emotional distress that comes with life-altering injuries.
Moderate Kansas car accident settlements average $28,419. Most accident claims are settled for an amount that covers the injured person’s medical bills, lost wages, and an additional amount to compensate for the victim’s non-economic damages, like pain and suffering.
Kansas has a two-year statute of limitations for car accident injury and wrongful death claims. An adult has two years from the date of the accident to settle their injury claim or file a lawsuit against the at-fault party.
Kansas is a traditional fault, or “tort” state, meaning the at-fault driver is liable for the damages they caused. In most accidents, injury victims will file a claim against the driver’s auto insurance policy.
Kansas penalties for failing to provide proof of insurance include fines ranging from $300 to $2,500, up to six months in jail, and driver’s license suspension.
Minor injuries from a car accident will include soft-tissue scrapes, minor cuts, bumps and bruises. There may be muscle sprains or strains with a few days of stiffness. Most minor injury victims are back to normal within a month, and only miss a week or less of work.
Type of Injury: Soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $1,114
Case Summary: Plaintiff’s vehicle was rear-ended by an automobile owned by Defendant at low speed. Plaintiff alleged that defendant’s employee was negligent in failing to maintain a proper lookout ahead, and in failing to stop in time to avoid a collision. Further, plaintiff suffered soft tissue neck injury. He claimed $200 in medical specials and no lost income. Defendant contended that: a pedestrian ran out into the path of its vehicle creating a sudden emergency; the vehicle slid on wet pavement when its operator applied the brakes or, in the alternative, the operator’s foot slipped off the brake onto the accelerator; and the accident was an act of God. Jury awarded plaintiff $1,114.00.
Location: Johnson County, Kansas
Case Name and Docket Number: Fisher v. Craven,03CV04782
Type of Injury: Soft tissue injuries to neck, back, head and limbs; aggravation of preexisting temporomandibular joint injuries (TMJ)
Type of Accident: Side-Impact
Award/Settlement Amount: $1,270
Case Summary: Defendant was traveling on a two-lane street with parallel parking spaces on each side of the road. Plaintiff was attempting to pull out from between two parked vehicles when defendant struck her emerging vehicle broadside. Plaintiff suffered soft tissue injuries to her neck, back, head and limbs. Defendant contended that he was traveling 10 to 12 m.p.h. and that he observed plaintiff’s vehicle 100 feet prior to the collision. Defendant further contended that he had the right-of-way, and that plaintiff was contributorily negligent. Jury found for plaintiff, awarding her $1,270.35. Per defendant’s counsel, the panel awarded plaintiff less than half of her medical bills. Plaintiff had been involved in a prior accident, and many of the disabilities plaintiff claimed could have been related to the prior accident.
Location: Johnson County, Kansas
Case Name and Docket Number: Hensley v. Atwell,03CV04469
Type of Injury: Injuries to head, neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $3,659
Case Summary: Plaintiff was rear-ended by defendant, at an intersection. Plaintiff claimed he sustained personal injuries to his head, neck and back. Defendant argued plaintiff was contributorily at fault for the collision. He also denied that he was negligent, though by the time the case went to trial he had stipulated to liability. Jury considered only the question of damages, and awarded plaintiff $3,659.46 for medical expenses, economic loss, and loss of use of property.
Location: Johnson County, Kansas
Case Name and Docket Number: McCrary v. Clemens, 01-CV-07732
Type of Injury: Soft tissue neck injury
Type of Accident: Side-Impact
Award/Settlement Amount: $3,782
Case Summary: Plaintiff stopped at a red light at an intersection. When the traffic light turned green, plaintiff entered the intersection. Defendant subsequently broadsided plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in exceeding the posted speed limit of 25 m.p.h. and in disregarding a red traffic light. Further, plaintiff suffered soft tissue neck injury resulting in 5% permanent partial disability of cervical spine. Plaintiff claimed $2,600 in medical specials and $16,000 in lost income. Defendant denied liability. The jury returned for plaintiff, awarding $3,782 for medical expenses and non-economic losses. Plaintiff moved for new trial, or, in the alternative, additur. District Judge ruled against the motion, finding no valid reason for either.
Location: Shawnee County, Kansas
Case Name and Docket Number: Noland v. Richardson,00-C-1436
Type of Injury: Soft tissue injuries to cervical and thoracic spine
Type of Accident: Side-Impact
Award/Settlement Amount: $7,451
Case Summary: Plaintiff was traveling westbound near an intersection when he was broadsided by a vehicle operated by defendant, who ran a red light. Plaintiff claimed he suffered soft tissue injuries to his cervical and thoracic spine and damages in excess of $75,000. Defendant admitted he ran the red light and was wholly responsible for the accident. Defendant further admitted to driving at a high rate of speed, despite the fact that he was aware the intersection was dangerous and the road was wet. Plaintiff argued defendant’s conduct was wanton, and the issue of punitive damages should be presented to the jury. The jury awarded plaintiff $7,451.00 in monetary damages, including $4,951 for past medical expenses and $2,500 for past non-economic damages.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Dorris v. Shapiro, 02 CV 4972
Type of Injury: Soft tissue cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $9,000
Case Summary: Plaintiff pulled over to allow a friend to get out of the car. Defendant rear-ended plaintiff’s vehicle at a high rate of speed. Plaintiff’s vehicle was stopped one and one-half to two feet from the curb at the time of impact. Plaintiff alleged that: he was close enough to the curb to allow vehicles to pass safely; defendant was negligent in failing to maintain an assured clear distance ahead; and he suffered soft tissue cervical and lumbar injuries as a direct result of the accident. Defendant contended that plaintiff was contributorily negligent in parking more than 12 inches from the curb and that plaintiff’s injuries had fully resolved. Waiving a jury trial, parties subsequently entered into a settlement agreement.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Horn v. Talbert, 04CV3249
Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $9,507
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff treated with a chiropractor for six months post-accident for complaints of neck pain. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the case proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he continues to experience pain as a direct result of the collision. Defendant contended that: plaintiff did not seek medical treatment until one-week post-accident; plaintiff socialized with friends at Christmas parties the night of the accident and over the following weekend; plaintiff did not miss any time from work; and plaintiff failed to fully comply with recommended treatment. Jury originally awarded plaintiff $8,256.70 but revised the amount to $9,506.70 after Judge advised that they had neglected to include noneconomic damages in the award.
Location: Johnson County, Kansas
Case Name and Docket Number: Dupy v. Powers, 02CV6680
Type of Injury: Soft tissue right wrist injury and soft tissue back injury
Type of Accident: Rear-End
Award/Settlement Amount: $10,300
Case Summary: Plaintiff son was operating an automobile owned by plaintiff mother. As plaintiff son attempted to make a left turn, his automobile was rear-ended by a vehicle operated by defendant driver. Defendants admitted liability at trial and the case proceeded on the issue(s) of liability and proximate cause only. Plaintiff claimed he suffered soft tissue right wrist injury and soft tissue back injury requiring chiropractic care. Defendants contended that the brake pedal pad became detached from the pedal when defendant driver attempted to apply the brakes and that plaintiff son’s negligence was the sole proximate cause of the accident. Parties subsequently reached settlement in the amount of $10,300.
Location: Sedgwick County, Kansas
Case Name and Docket Number: C.H. v. Brush, 2015-CV-001100
Type of Injury: Soft tissue back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,710
Case Summary: Plaintiff and defendant were traveling in the same direction. Road conditions were icy. As plaintiff attempted to make a wide right turn into the driveway of a bar, defendant’s vehicle slid on ice and struck the right rear quarter panel of plaintiff’s vehicle. Plaintiff suffered soft tissue back injuries in the collision. Two months later, the rotor from a helicopter fell onto plaintiff’s vehicle during an aviation accident. Defendant contended that: plaintiff failed to activate his turn signal; plaintiff’s injuries had fully resolved prior to the aviation accident; and plaintiff’s continuing back problems were not proximately related to the accident. Plaintiff’s award of $ 10,888 less 20% comparative negligence yielded a net verdict of $8,710. Per counsel, the fact that plaintiff had large gaps in treatment significantly impacted the outcome.
Location: Douglas County, Kansas
Case Name and Docket Number: Winter v. Duffield,03C340
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $12,400
Case Summary: Plaintiff and defendant were traveling in the same direction in a commercial area. As defendant attempted to make a left turn into a grocery store parking lot, the two vehicles collided. The impact occurred at low speed. Plaintiff alleged that defendant was negligent in pulling into the path of her vehicle and that she suffered soft tissue neck and back injuries as a direct result of the accident, requiring chiropractic treatment. Defendant contended that: plaintiff attempted to pass her vehicle on the left in the oncoming lane of travel; plaintiff had preexisting neck and back pain; and plaintiff’s injuries were not proximately related to the low-speed collision. A jury found in favor of plaintiff, awarding her $12,400 in damages.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kutzke v. Hill, 02C1469
Moderate car accident injuries may include uncomplicated broken bones, bulging or herniated discs, brain concussions, and extensive soft-tissue injuries that can take weeks or months to heal. Some moderate injuries may have residual effects. Victims may be out of work for months, depending on the physical demands of their employment.
Type of Injury: Contusion of a knee, face, nose, and lip
Type of Accident: Side-Impact
Award/Settlement Amount: $13,639
Case Summary: Defendant failed to observe a stop sign at an intersection and broadsided plaintiff’s vehicle. Plaintiff was treated at a local hospital for contusion of knee, face, nose, and lip by his family physician. He returned to work after six weeks of physical therapy. Defendant contended that plaintiff’s injuries had fully resolved when he was discharged from physical therapy ten weeks after the accident. A jury attributed 100% of the fault for the accident to defendant. The jury went on to award plaintiff $13,638.98 in total which included $7,500 for the pain, suffering and disability experienced to the point of the trial.
Location: Leavenworth County, Kansas
Case Name and Docket Number: McCarty v. Gaines-Bey, 2004-CV-000069
Type of Injury: Cervical (neck) and lumbar (back) injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $15,043
Case Summary: Plaintiff and defendant were traveling in opposite directions. Plaintiff attempted to make a left turn in front of defendant’s oncoming vehicle, resulting in a collision. The accident occurred at an intersection controlled by a traffic light. Plaintiff alleged that defendant was lost and was attempting to find his way back to the roadway and that defendant was negligent in failing to yield the right-of-way to a turning vehicle. Plaintiff suffered cervical and lumbar injuries. Defendant contended that plaintiff made an improper left turn in front of his vehicle as he entered the intersection, and that plaintiff was comparatively negligent in failing to yield the right-of-way to oncoming traffic. Plaintiff’s award of $20,057.54 less 25% comparative negligence yielded a net verdict of $15,043.16.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kennedy v. Cooper,02C1107
Type of Injury: Back injury- Exacerbation and acceleration of pre-existing chronic ankylosing spondylolysis
Type of Accident: Side-Impact
Award/Settlement Amount: $15,500
Case Summary: Plaintiff son was a passenger in car driven by defendant 1, his mother. Defendant 2 driver, who was traveling in the opposite direction, turned left into the path of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff suffered from pre-existing chronic ankylosing spondylolysis which was in remission at the time of the accident. Defendant driver contended that: he had determined that he had sufficient time to safely complete his turn; the accident was caused by defendant 1’s negligence in speeding; and plaintiff’s injuries were pre-existing and were not exacerbated or accelerated by the accident. Jury returned a plaintiff verdict.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Nash v. Pankratz,04CV3623
Type of Injury: Soft tissue lumbar back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $17,222
Case Summary: Plaintiff was stopped, with his left turn signal activated, intending to make a left turn into a private driveway. Defendant 1 was operating a vehicle owned by Defendant 2, traveling in the same direction. He crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Plaintiff alleged that defendant driver was negligent in improperly passing. Further, he suffered soft tissue lumbar back injuries as a direct result of the collision, resulting in 5% permanent partial disability of the lumbar spine. Defendants contended that plaintiff stopped suddenly, creating an emergency situation. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. A jury determined plaintiff sustained $17,221.98 worth of damages for medical expenses, economic loss and non-economic loss to date.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Jones v. Reynolds, 04 CV 4534
Type of Injury: Low back injury
Type of Accident: Rear-End
Award/Settlement Amount: $25,000
Case Summary: Plaintiff and his wife were traveling west when they came upon the scene of a previous accident involving Defendant 1. As plaintiff slowed his vehicle, he was struck from behind by Defendant 2. Plaintiff suffered a low back injury. Defendant1 contended that: plaintiff had passed a prior collision and was accelerating when defendant 2 rear-ended his vehicle; he reacted to the rear-end collision between plaintiff and defendant 2 and subsequently lost control of his vehicle; he (defendant) was not the proximate cause of the subject collision. Defendant2 contended that Defendant 1 Created an unsafe condition and that plaintiff was contributorily negligent. The parties reached settlement prior to trial, in which the defendants agreed to pay $25,000 to settle the plaintiff’s claims.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Silvey v. Turner, 2015-CV-001501
Type of Injury: Soft tissue injury to lower back; Cervical (neck) strain
Type of Accident: Side-Impact
Award/Settlement Amount: $28,500
Case Summary: Plaintiff was driving his vehicle on a street which intersected another street at a T-intersection. He stopped at a stop sign and then made a left turn. Defendant was traveling in the same direction as plaintiff and sideswiped plaintiff’s vehicle just outside of the intersection. Plaintiff suffered soft tissue injury to lower back and cervical (neck) strain. Defendant contended that plaintiff was contributorily negligent in failing to yield the right-of-way and pulling out in front of defendant’s oncoming vehicle. Jury returned a plaintiff verdict, awarding him $28,500.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Williams v. Village Tours, 2018-CV-001017
Type of Injury: Two herniated cervical discs in neck and injury to low back with residual disc damage
Type of Accident: Rear-End
Award/Settlement Amount: $29,506
Case Summary: Plaintiff was operating her auto in a line of vehicles. Defendant was operating the third vehicle behind plaintiff. Defendant rear-ended a truck which struck the vehicle behind plaintiff, forcing it into plaintiff’s car. Plaintiff then struck the vehicle in front of her. Plaintiff claimed that he suffered two herniated cervical discs in neck and injury to low back with residual disc damage as a direct result of the accident. Defendant contended that: the truck that she rear-ended had no brake lights; plaintiff’s vehicle sustained no property damage; and plaintiff was exaggerating the extent of her injuries and damages. Jury awarded plaintiff $29,505.55.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Valdes v. Goforth, 04CV4386
Type of Injury: Soft tissue back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $29,780
Case Summary: Plaintiff was attempting to exit a shopping center parking lot. An unidentified motorist waved to plaintiff to pull out onto the roadway. As plaintiff eased into traffic, defendant passed the unidentified motorist on the right and struck the passenger side of plaintiff’s automobile. Plaintiff suffered soft tissue back injuries. Defendant contended that plaintiff’s negligence in failing to yield the right-of-way was the proximate cause of the accident. Jury found for plaintiff. Plaintiff’s award of $29,780 less 47% comparative negligence yielded a net verdict of $15,783.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Delgado v. Unruh, 14-CV-01262-JAR
Type of Injury: Injury to ulnar nerve (forearm) resulting in numbness
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was operating his vehicle when he stopped to turn into a donut shop. A truck, owned by Defendant, rear-ended plaintiff’s vehicle. Plaintiff was involved in four accidents between this accident and the time of trial. He claimed he suffered injury to ulnar nerve (forearm) resulting in numbness as a direct result of this accident. Defendant contended that plaintiff stopped suddenly and that the accident was unavoidable. Further, the plaintiff sustained little or no injury as a result of this accident. Jury returned a plaintiff verdict in the amount of $50,000.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Thayer v. Chavez, 2015-CV-000618
Type of Injury: Soft tissue neck and back injuries; frequent headaches; numbness in right shoulder
Type of Accident: Rear-End
Award/Settlement Amount: $60,000
Case Summary: Plaintiff and defendant were traveling in the same direction approaching an intersection. Plaintiff slowed her vehicle, intending to stop prior to making a left turn when he was rear-ended by defendant’s vehicle at a speed of 40 to 50 m.p.h., pushing it 40 feet. Plaintiff suffered soft tissue neck and back injuries; frequent headaches; and numbness in right shoulder. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff contended that injuries suffered in this collision hindered recovery following her cancer surgery. Defendant contended that the accident did not interfere with plaintiff’s rehabilitation and did not exacerbate plaintiff’s injuries. Jury awarded plaintiff $60,000. Per plaintiff’s counsel, the fact that plaintiff’s vehicle was pushed 40 feet significantly impacted the outcome.
Location: Johnson County, Kansas
Case Name and Docket Number: Beckman v. Western Sprinklers,10 CV 36
Severe car accidents can result in multiple injuries to a victim, often with residual impairment, permanent scarring, or disfigurement. Some severe injury victims are totally and permanently disabled. Severe crash victims may be out of work for months, and some may never return to regular employment.
Type of Injury: TMJ; neurological damage; muscle injury
Type of Accident: Rear-End
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was a passenger in a vehicle that was rear-ended by Defendant. Plaintiff suffered TMJ; neurological damage; and muscle injury. She was involved in another accident three months later. Plaintiff alleged that the accident involving defendant’s bus was the proximate cause of her injuries and that the subsequent accident only aggravated her injuries. Defendants admitted that they were negligent in causing the accident but contended that plaintiff’s injuries were caused by the subsequent accident. Parties subsequently settled for $100,000.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Herdt v. Trompke, 97 C 11677
Type of Injury: Closed head injury; soft tissue neck and back injuries
Type of Accident: Head-On
Award/Settlement Amount: $134,905
Case Summary: Plaintiff was traveling northbound. Defendant was traveling in the opposite direction. Defendant crossed over the center line and struck plaintiff’s vehicle head-on. Plaintiff’s vehicle came to rest on a Jersey barrier where it was subsequently struck by another vehicle. Defendant fled the scene, but later turned himself in to the police. Plaintiff suffered a closed head injury and soft tissue neck and back injuries requiring change of job at post office resulting in lower rate of pay. Jury returned a plaintiff verdict in the amount of $134,905.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Mccollum v. Edwards,6:13-cv-1125
Type of Injury: Aggravation of TMJ dysfunction; numbness of face and tongue; limitation of opening and closing mouth; inability to chew; hearing loss
Type of Accident: Side-Impact
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was stopped at an intersection waiting to make a left turn. Defendant1 ran a stop sign and struck a vehicle which was traveling in the opposite direction of plaintiff’s vehicle. The second vehicle broadsided plaintiff’s vehicle. The left side of plaintiff’s face struck the window on the door. Plaintiff argued that the negligence of each defendant contributed to the collision and that a pre-existing TMJ condition was aggravated in the accident. Each defendant contended that the negligence of the other driver was the sole proximate cause of the accident and that plaintiff’s injuries were pre-existing and not causally related to the accident. Jury found defendant1 to be one 100% at fault and awarded plaintiff monetary damages totaling $150,000.27.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Gartman v. Hodam, 2004 CV 2659
Type of Injury: Seven fractured ribs and moderately elevated blood pressure
Type of Accident: Pedestrian
Award/Settlement Amount: $197,090
Case Summary: Plaintiff parked his vehicle in the parking lot of a store and subsequently entered the store to purchase coffee. Defendant parked his vehicle in the parking lot, purchased coffee in the store and returned to his vehicle. As plaintiff was walking to his vehicle, defendant attempted to exit the parking lot and struck plaintiff pedestrian. Plaintiff suffered seven fractured ribs and moderately elevated blood pressure. Defendant contended that: his vision was obscured by early morning sunlight; he did not observe plaintiff prior to impact; and plaintiff was contributorily negligent in failing to keep a proper lookout. The jury returned its verdict in favor of plaintiff, concluding he was injured because of an accident and that defendant was at fault. Plaintiff received a $197,090.98.
Location: Johnson County, Kansas
Case Name and Docket Number: Smith v. Wilson, 04 CV 444
Type of Injury: Herniated disc at C6/C7
Type of Accident: Rear-End
Award/Settlement Amount: $202,525
Case Summary: Plaintiff was traveling in the westbound lane. While stopped, plaintiff’s car was rear-ended by a car being driven by defendant. Plaintiff claimed he sustained a herniated disc at C6/C7 because of the accident, causing him to incur medical expenses, lost wages and pain and suffering. The complaint also included a count claiming loss of consortium of behalf of plaintiff’s wife. Defendant denied all of plaintiff’s allegations. A jury returned a verdict for the plaintiff, awarding him $202,524.94 in total damages. The award included $79,688.54 for past medical expenses and $75,000 for future non-economic loss.
Location: Johnson County, Kansas
Case Name and Docket Number: Wiebe v. Hicks, 03CV3822
Type of Injury: Traumatic brain injury
Type of Accident: Rear-End
Award/Settlement Amount: $254,631
Case Summary: While operating her vehicle westbound, plaintiff decelerated suddenly and attempted to turn right, onto a private drive. Her actions forced Defendant1 to make an emergency evasive maneuver, narrowly missing the plaintiffs’ vehicle. Defendant2 was following behind Defendant1 and attempted to avoid the plaintiff’s vehicle as well, but was unable to do so and collided with the rear of the plaintiff’s vehicle. Plaintiff suffered traumatic brain injury among other injuries. Defendant1 contented that plaintiff was comparatively at fault and that her injuries were not as severe as she claimed. Jury returned a verdict for the plaintiff, awarding her a total of $363,758, including $250,000 for future non-economic loss. However, the jury also found plaintiff 30% at fault. Plaintiff’s total damages were reduced to $254,630.73.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Capps v. Zoglman,04-CV-3288, 04-CV-3355
Type of Injury: Fractured metacarpal in hand; left ulnar surgery at elbow; leg injury; myofascial pain syndrome in neck and back; temporomandibular joint syndrome (TMJ)
Type of Accident: Side-Impact
Award/Settlement Amount: $318,750
Case Summary: Defendant, a 16-year-old girl, made a left turn onto a Road into the path of plaintiff’s oncoming vehicle, and the two vehicles collided. Plaintiff sustained a fractured metacarpal in hand, left ulnar surgery at elbow, leg injury, myofascial pain syndrome in neck and back, and temporomandibular joint syndrome (TMJ). Defendant contended that: she made a left turn on a green turn arrow; her headlights were on, plaintiff was negligent in entering the intersection at an excessive rate of speed and in failing to observe her vehicle until immediately prior to impact; and not all of plaintiff’s injuries were proximately related to the accident. Jury found for plaintiff. Award of $ 425,000 less 25% comparative negligence yielded a net verdict of $318,750.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Venters v. Sellers, 02C0309
Type of Injury: Neck Injuries-Herniated discs at C4-C5 and C6-C7
Type of Accident: Rear-End
Award/Settlement Amount: $491,000
Case Summary: Defendant 1, an employee of Defendant 2, patronized a topless bar. As Defendant1 was driving home operating a vehicle belonging to his employer he rear-ended plaintiff’s vehicle, which was stopped at a red traffic light. Defendant1 was intoxicated at the time of the accident. Plaintiff suffered herniated discs at C4-C5 and C6-C7 resulting in 10% permanent partial disability of neck with residual paresthesia of arm, limitation in range of motion and chronic pain. Defendants contended that plaintiff was involved in a second rear-end collision ten months after this accident and that plaintiff’s injuries were not proximately related to this accident. Jury ruled in favor of plaintiff in the amount of $491,000 against both defendants. Per plaintiff’s counsel, defendant’s own physician testified on behalf of the plaintiff.
Location: Sedgwick County, Kansas
Case Name and Docket Number: O’Shea v. Welch, 2:01-cv-02336-JWL-JPO
Type of Injury: Head concussion and herniated lumbar discs in back
Type of Accident: Pedestrian
Award/Settlement Amount: $571,919
Case Summary: Plaintiff, a 13-year-old girl, was running across a street when she was struck by a vehicle owned by Defendant. She was taken to the hospital and treated for a head injury and low back pain. Plaintiff treated for symptoms of a cerebral concussion for one year. Seven months post-accident she consulted an orthopedist for back pain. Plaintiff was ultimately diagnosed with herniated lumbar discs and underwent a laminectomy and disc excision. Defendant contended that plaintiff was chasing a runaway basketball at the time of the accident and that plaintiff was contributorily negligent in darting out into the roadway into the path of its vehicle. Plaintiff $424,912 less 20% comparative negligence plus $238,962 prejudgment interest yielded a total verdict of $571,919.
Location: Johnson County, Kansas
Case Name and Docket Number: Taylor v. Pearson, 17CV870
Type of Injury: Comminuted fracture of right patella of right knee; head injury resulting in amnesia and other cognitive deficits; severe lacerations to upper eyebrow, chin and left side of nose; bruises on left hip and chest.
Type of Accident: Head-On
Award/Settlement Amount: $8,517,300
Case Summary: Plaintiff was operating her automobile in the early morning hours. Defendant, who was intoxicated, was traveling in the opposite direction. Defendant crossed the center line and struck plaintiff’s automobile head-on. At the time of the accident, plaintiff was a graduate assistant working on a master’s degree in clinical dietetics. She suffered numerous injuries in the collision which affected her language skills and left hemisphere memory. She also suffered comminuted fracture of right patella with disruption requiring partial patellectomy and repair of extensor mechanism of right knee; amnesia; severe lacerations to upper eyebrow, chin and left side of nose; and bruises on left hip and chest. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury found for plaintiff, awarding her $8,517,300.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Hansen v. Hamilton,14-CV-78
We analyzed a group of actual car accident injury lawsuits filed in Kansas courts. Every case in our group resulted in either an insurance settlement or a court award. This group does not include wrongful death claims or cases that didn’t result in a payout for the plaintiff.
Averages are calculated by adding all the payouts in a group and dividing the total by the number of cases in the group. Unusually high awards can skew the average higher.
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