For decades, the state of Kansas has had a cap on the non-economic damages Plaintiffs can recover in personal-injury lawsuits. No longer. On June 14, 2019, in Hilburn v. Enerpipe Ltd., the Kansas Supreme Court ruled that caps on non-economic damages in personal-injury cases are unconstitutional. What Kinds of Damages and Cases Does the Ruling Apply to? The Court’s ruling applies to K.S.A. 60-19a02, Kansas’s statute on personal-injury claims (including medical malpractice). It does not apply to wrongful-death claims, which are governed by K.S.A. 60-1903. The cap of $250,000 for non-economic damages in wrongful-death claims remains in place—for now. (The Court’s language in Hilburn signals that the wrongful-death cap may soon be

Most people are lucky enough to go many years, or their whole life, without suffering a personal injury caused by someone else’s negligence. Those who are less fortunate are faced with a host of challenges, ranging from uncertain medical costs to a lengthy physical recovery. Many of those who are injured want to pursue a legal claim but do not know where to start. Chief among their questions is, how long will my personal-injury claim take? That question is best answered by breaking down the stages of an injury claim. HIRING A LAWYER It doesn’t take long to find a personal-injury lawyer in Kansas City. They’re everywhere—on TV, on

You’ve just been sued. Or perhaps you’ve been injured or defrauded and want to sue someone. Invariably, one of the first questions clients have for us in these situations is, can I make the other side pay for my legal fees? In most cases, you cannot. But there are exceptions to the general rule (discussed below), and contingency fees offer a potential solution for cash-strapped litigants. The “American Rule” versus “Loser Pays” Under the “American Rule,” each party is responsible for its own attorney fees—win or lose. This is different than the “English Rule” or “loser pays” rule, where the losing party must pay the other party’s legal fees.

Terminated employees in Missouri often question whether they can sue their former employers for wrongful discharge or termination. As with most legal questions, the answer is: “it depends.” Missouri is an “at-will” employee state. This means an employer may terminate an employee at any time and for any reason (with a few limited exceptions, discussed below) unless the employee had a written employment contract. That contract must set forth a definitive duration of employment or specific terms under which the employee could be terminated. The Missouri Supreme Court has noted on numerous occasions that without a written employment contract, an employee can be terminated or fired “for any reason

In Missouri, a claim for wrongful death and the damages recoverable are governed exclusively by statute. Section 537.080 of the Missouri Revised Statutes creates a cause of action when the death of a person “results from any, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages” from the culpable person(s) or entity. It also provides a hierarchy of persons eligible to bring the action—most typically surviving family members of the decedent. The damages available in a Missouri wrongful death claim are also governed by statute, found at §537.090 of the Missouri Revised Statutes. In general, there are two categories

The Kansas City attorneys at Pospisil Swift are investigating potential claims on behalf of investors who purchased investments in 1st Global Capital, including those who made such investments through Pinnacle Plus in Overland Park, Kansas. 1st Global Capital is a Florida company that operated under the name 1st Global Capital and held itself out as a lender for small and medium sized businesses. 1st Global Capital raised funding by collecting millions of dollars from investors through a network of agents across the country. On July 27, 2018, 1st Global Capital filed for bankruptcy. After the company’s bankruptcy filing, the SEC filed charges for securities violations against 1st Global Capital,