Lost Wages in a Kansas Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Kansas, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
2 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in Kansas
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Kansas
Kansas Injury Law
Kansas combines mandatory no-fault PIP insurance with a modified comparative fault system for tort claims. PIP covers initial medical expenses and lost wages regardless of fault. To pursue a tort claim beyond PIP limits, the injury must meet a serious injury threshold. Kansas uses a 50% bar rule, creating a notable difference from the common 51% threshold — at exactly 50% fault, the plaintiff cannot recover at all. The statute of limitations is 2 years from the accident date or discovery. Kansas does not cap compensatory damages for most personal injury claims outside of medical malpractice. Medical malpractice noneconomic damages are capped at $325,000 under K.S.A. § 60-19a02. Kansas courts handle significant cases arising from agricultural accidents, oil and gas industry injuries, and interstate trucking collisions on I-70 and I-35. Punitive damages require a separate bifurcated trial proceeding in Kansas courts.