Yes if certain conditions are met. Under Kansas law, you may collect for
pain, suffering, and mental anguish in certain situations. These types
of damages are capped at $250,000.00.
See K.S.A. § 60-19a02.
Noneconomic damages are not available in all situations. For instance,
Kansas law typically requires some kind of physical injury before you
can collect for noneconomic damages. In some cases the mental injury greatly
outweighs the physical injury. While the physical injury does not necessarily
need to be severe, there must be some injury present.
Additionally, in automobile accident cases, noneconomic damages are not
available unless you have incurred medical bills greater than $2,000,
broke a weightbearing bone, suffered permanent disfigurement,
or are disabled because of the accident.
See K.S.A. § 40-3117.
Only a knowledgeable Kansas personal injury attorney can tell you whether
you have a claim for emotional trauma. If you think you might have a claim
for emotional trauma or anguish, contact our experienced attorneys to
discuss your case at no obligation.